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GENERAL TERMS AND CONDITIONS OF SALE

FOR THE SALE OF PRODUCTS OF STUDIO ERE INC.

This agreement (hereinafter the "Agreement") sets forth the terms and conditions that apply to the purchase of web design and enabling the sale of digital products, including Showit website templates, downloadable after purchase and customizable by the client (hereinafter the "Products") from Studio Ere Inc. having its head office at 210-154 Laurier Avenue West, Montreal, in the province of Quebec (H2T 2N7), Canada (hereinafter "Studio Ere").

The terms "you" and "your" refer to the person who purchases Products (hereinafter also referred to as the " Client" and collectively the "Clients") through our website (hereinafter the "Platform"). Studio Ere provides its Clients with a Platform offering Products. 

By using this Platform to purchase Products online, you must accept the Agreement and you agree to be bound by it. You represent that you are of legal age to enter into this Agreement. This Agreement contains important information about your rights and obligations and sets out the restrictions and exclusions to which you may be subject. Clients and Studio Ere may be hereinafter referred to as the “Party” or "Parties" in the Agreement.

For further information about your rights and obligations, we suggest that you read the applicable laws and regulations.

1. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS

You hereby authorize the exchange of documents and information between you and Studio Ere via the Internet or e-mail. You agree that this Agreement is equivalent to an original written agreement between you and Studio Ere. You also agree that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be made.

2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES

The use of the Platform and Studio Ere's business is governed by various policies. These include the Terms of Use and the Privacy Policy (this Agreement, together with the Terms of Use and the Privacy Policy are hereinafter referred to as the "Legal Notice"). You represent that you have read the Legal Notices and agree to be bound by their terms and conditions.

Notwithstanding the foregoing, the provisions of this Agreement take precedence over the provisions of the Legal Notices. In the event of any inconsistency between the provisions of this Agreement and those of the Legal Notices, the provisions of this Agreement shall apply.

3. GEOGRAPHICAL AREA

The Products offered on the Platform are available internationally.

4. PRODUCTS 

The characteristics and terms of the Products sold by Studio Ere are defined on the Platform. The prices of the Products are also defined on the Platform. The display of this information on the Platform is authoritative, but Studio Ere reserves the right to modify this information at its convenience, in compliance with applicable legal and regulatory provisions.

5. REGISTRATION, USERNAME AND PASSWORDS

Some of the features available on the Platform require registration. If you choose to register or subscribe for such functionality, you agree to provide true and current information about yourself as required by the registration process and to promptly update such information as necessary to ensure that it remains accurate and complete. 

You acknowledge that you are responsible for: 

maintaining the confidentiality of any passwords you choose or are assigned as a result of your registration or subscription; 
any and all activity that occurs under your user name or password; and 
exit from your account at the end of each session. 

In addition, you agree to notify Studio Ere of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set forth in this section, Studio Ere shall not be liable for any loss or damage arising therefrom.

6. ACCOUNT SUSPENSION, RESTRICTED ACCESS, TERMINATION

In the event of a serious breach of this Agreement or the Legal Notice, or if Studio Ere has reason to believe that your actions are necessary to protect the safety and security of Studio Ere, its other Clients or third parties, for fraud prevention or investigation purposes, Studio Ere may decide to:

Restrict access to and use of the Website to the offending Client;
Suspend the offending Client's account, either temporarily or permanently, depending on the seriousness of the offence.

7. ORDER

Any person placing an order for a Product on the Platform, the Client, is the person contracting with Studio Ere.

The Client's act of procuring a Product through Studio Ere's Platform constitutes an order (hereinafter the "Order") and gives rise to the formation of a contract between the Parties (hereinafter the "Contract") governed by this Agreement. When Ordering a Product via the Platform, the Client must approve the Order. 

The Contract is formed when Studio Ere validates the Order received from the Client.

Following the Order, details of the Product(s) purchased will be included in a confirmation e-mail sent to the Client by Studio Ere. An invoice will be sent to the Client by e-mail.

An Order is not binding on Studio Ere until it has been paid in full. 

8. AFTER-SALES SERVICE 

Following the Product(s) Order, the Client will have access to a guide facilitating the use of the Showit web design tool. All support and educational material to which the Client has access as a result of his/her Order may not be communicated, transferred, shared, sold, licensed or otherwise. 

The Client understands that the Product is hosted on Showit's servers.

Following the Order, Studio Ere may, at the Client's written request, offer assistance relating to the Client's questions about the Product(s) purchased on the Platform. The Client understands and accepts that some questions may be very specific or may not be answered and processed by Studio Ere, which will redirect them to Showit.

9. PRICES

All prices are, unless otherwise specified, in US dollars (USD). Prices displayed on the Platform do not include applicable taxes.

Although Studio Ere makes every effort to provide an accurate description of its prices, there is always a risk of error. Studio Ere then reserves the right to correct its prices and any erroneous information, to modify the prices of the Products or any other modification of this Agreement, at any time, in compliance with the applicable legal and regulatory provisions. If a price is incorrect, Studio Ere reserves the right to cancel your Order and any charges invoiced and will contact you to offer you a new Order at the adjusted price or a refund in accordance with the terms of this Agreement and applicable laws and regulations.

10. TERMS OF PAYMENT

10.1. General Terms and Conditions

For all Orders, payment terms are established by Studio Ere, at its discretion. Studio Ere allows payment to be made by any type of credit card.

Payments must be approved by the financial institution that issued the credit card. The Client must be legally authorized to use the card that will be used to pay for the Order. Studio Ere guarantees that it does not collect any banking data from Clients. In the event that the Product offered to the Client does not benefit from chargeback and that the Consumer Protection Act is applicable, Studio Ere undertakes not to take any money from the Client before having carried out its main service.

Studio Ere may occasionally provide discounts, rebates or promotional codes for the benefit of Clients. Clients can find out about these by e-mail and/or by consulting the Platform. 

10.2. Special provisions for Orders

Studio Ere allows the Client to benefit, if he so wishes, from payment in several instalments. The terms of this type of payment are defined on the Platform. 

11. PRODUCT AVAILABILITY

The availability of certain Products may be limited. Studio Ere may modify or withdraw Products at any time without notice. If a Product ordered is not or is no longer available, Studio Ere will notify you by e-mail and your order will be automatically cancelled.

12. CANCELLATION OF ORDERS

Studio Ere reserves the right to limit quantities, refuse or cancel any Order, including after an Order has been submitted, even if the Order has been confirmed and invoiced. If your Order is cancelled by studio Ere after your payment has been processed, you will receive a full refund from Studio Ere in accordance with applicable laws and regulations and this Agreement.

The Client may not cancel an Order once payment has been made. 

13. NON-REFUNDABLE PRODUCTS 

Given the digital nature of Studio Ere's Products and in particular the immediate access to them following the Order, no exchange or refund will be made after the Order. 

No refunds, rebates or price adjustments will be made during promotional periods, regardless of when the Product is ordered.

14. EXCLUSION AND LIMITATION OF LIABILITY

14.1 General provisions 

Studio Ere renders services professionally and in accordance with the practice of its industry. However, Studio Ere assumes no express or implied warranty regarding, in particular, the commercial value or effectiveness of the Products rendered.

It is the sole responsibility of the Client to read the full description of each Product and to become acquainted with this Agreement in order to determine which Product is best suited to his/her situation and wishes before proceeding with the Order. Before proceeding with the purchase, the Client may contact Studio Ere at hello@studioere.co. 

It is the sole responsibility of the Client to warrant to Studio Ere that the intellectual property rights provided to Studio Ere as part of the Product are the result of the Client's original work, are beneficially owned by the Client, or are available for use by the Client under license or otherwise or are in the public domain. Similarly, these rights must not contravene or infringe in any way on patents, copyrights, trademarks or more generally any intellectual property rights belonging to third parties. Studio Ere cannot be held responsible for the use of said intellectual property rights.

Product images and graphics are obtained from free online stock websites. Studio Ere cannot guarantee their perpetual availability. Images and graphics are used for demonstration purposes only. It is the Client's responsibility to have an appropriate license to use any given content. Studio Ere recommends that you do not use these images on your own website and is not responsible for any images or graphics that the Client incorporates into their website. Studio Ere is not responsible for any image licensing or copyright issues that may arise from the unauthorized use of the images and graphics provided.

The fonts used in the Products are free Google fonts, integrated into Showit. Studio Ere cannot guarantee their perpetual availability. The fonts displayed are for demonstration purposes only. For custom fonts, it is the Client's responsibility to obtain the appropriate license. Studio Ere is not responsible for any font licensing or copyright issues that may arise due to unauthorized use of custom fonts by the Client.

14.2. Provisions relating to Showit

Studio Ere's Products are hosted in Showit and are not compatible with other website platforms. 

To use a Product, the Client is responsible for purchasing a subscription to Showit, which is NOT included in Studio Ere's prices. 

Studio Ere is not responsible for the backup, storage and services of Showit. 

Studio Ere cannot guarantee that the Product will function exactly as demonstrated due to new updates to Showit or web browsers. 

The Client may consult Showit's terms of use at the following link: https://showit.co/terms-of-service.

14.3. Provisions applicable to Clients residing outside the province of Quebec

Except to the extent of any legal remedy which cannot be excluded, in no event shall Studio Ere be liable to Client for any loss, damage, claim or expense whatsoever, including any consequential, indirect or incidental damages, lost profits, lost savings, damages resulting from business interruption or failure to comply with any duty of care or third party claims, even if a Studio Ere representative has been advised of the possibility of such damages, loss, claim or expense. Studio Ere's entire liability under or in connection with this Agreement shall be limited, in any event, to the amount paid for the Product Order, if any. This limitation shall apply even in the event of a material breach or default of essential provisions of this Agreement. Nothing in this Agreement limits Studio Ere's liability to you for death or personal injury resulting from Studio Ere's negligence or fraud. Studio Ere acts on its own behalf to disclaim, exclude and limit obligations, warranties and liabilities, but in no other respect and for no other purpose. For more information, please contact Studio Ere Client Support, available Monday through Friday from 9:00 am to 5:00 pm Eastern Time (ET). The above limitations and exclusions apply to the extent permitted by applicable law in your province and/or country. This limitation of liability may not apply in all states. You may have rights that cannot be waived under the Consumer Protection Act. Studio Ere has no intention of limiting your warranty rights or remedies in any way not permitted by law. Please refer to paragraph 14.4. below for conditions specific to Quebec jurisdiction.

14.4. Provisions applicable to Clients residing in the province of Quebec

Studio Ere shall not be liable for any damages or claims arising out of misuse, abuse, modification, improper selection or misappropriation of the components of the Product.

Furthermore, the Client acknowledges and agrees, when placing an Order for a Product on the Platform, that the Showit software is offered in English ONLY. Studio Ere provides, to the best of its ability, support material in French for the navigation and modification of the Product.

15. FORCE MAJEURE

Studio Ere will not be held responsible for the total or partial non-performance of any of its obligations to the Client, nor for any damage or loss that the Client may suffer if the non-performance or delay of the Orders results from a force majeure or natural disaster.

Force majeure refers to all unforeseeable and unavoidable events, beyond the control of Studio Ere, of any nature whatsoever, including but not limited to the following situations: natural disasters, inclement weather, fires, floods, avalanches, landslides or subsidence, strikes, sabotage, embargoes, interruptions or delays in transportation or means of communication, acts or regulations emanating from public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), wars or pandemics, which have the effect of rendering the Product temporarily or permanently unperformable.

If such an event occurs, as defined above, Studio Ere must notify the Client in writing, and the planned execution deadlines are automatically extended by the duration of the event. If the duration of the force majeure event exceeds one (1) month, the Client may terminate the Contract by notice sent to Studio Ere.

Any consideration provided for in the Contract which has already been performed shall be refunded or paid upon receipt by one Party of written notice from the other Party.

16. APPLICABLE LAW AND JURISDICTION

This Platform and its server are located in the Province of Quebec, Canada. This Agreement shall be construed in accordance with the laws of the province of Quebec and the laws of Canada applicable therein. 

This Agreement shall be treated in all respects as a distance selling contract governed by the laws of the province of Quebec, without regard to principles of conflict of laws. 

Subject to applicable laws, including the Consumer Protection Act, any dispute between Studio Ere and Clients shall be submitted to the courts of the province of Quebec, regardless of the Client's place of residence.

Notwithstanding any attribution of jurisdiction and applicable law, where the Client is a consumer within the meaning of the Quebec Consumer Protection Act, then any dispute relating to these Conditions shall be governed by the laws of the province of Quebec and shall necessarily be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure.

17. ARBITRATION

In the event of a dispute which cannot be settled with the assistance of a mediator, the Parties agree to submit their dispute to an arbitrator within thirty (30) days of the last exchange of views in the mediation procedure. The Parties may mutually agree in writing to a longer period before submitting the dispute to arbitration.

The arbitration will be conducted under the aegis of a sole arbitrator and will be conducted in accordance with the rules of law and the provisions of the Code of Civil Procedure of Quebec, in force at the time of the dispute. The arbitral award shall be final, binding and without appeal, and shall bind the Parties.

This clause shall not apply where the Client is a consumer within the meaning of the Consumer Protection Act.

18. TITLES

Headings are included in this Agreement for ease of reference and understanding only and shall not affect the interpretation of this Agreement. The general interpretation of this Agreement is subject to the provisions of the Civil Code of Quebec.

19. ASSIGNMENT

You may not assign your rights or obligations under this Agreement without the express written consent of Studio Ere.

20. MINORS

Studio Ere reminds you that the Platform is intended for use by a person of legal age, and not by a minor. If certain advertisements on the Platform are intended for a minor audience, any purchase of Product may only be made by an adult, and use of the Platform by a minor must be made under the supervision of a parent or guardian.

21. APPLICATION

The Parties are bound by this Agreement and acknowledge that they are aware of each other's rights and obligations.

22. CONSUMER PROTECTION

The provisions of this Agreement are not intended to replace the Consumer Protection Act, the latter being applicable as a matter of priority whenever the situation so requires.

23. INTERPRETATION

This Agreement shall be interpreted in accordance with the rules of the Civil Code of Québec. The clauses shall be interpreted one by one, giving each clause the meaning resulting from the Agreement as a whole.

24. LANGUAGE: FRENCH AND ENGLISH

In the event of any problem of definition or interpretation between the English and French versions of this Agreement, the English version shall prevail.

25. ENTIRE AGREEMENT

This Agreement, the Legal Notices, terms and conditions incorporated herein by reference or referred to herein, constitute the entire agreement between you and Studio Ere relating to the terms and conditions of sale, the use of the Platform and the transactions conducted on or from the Platform. They supersede any prior agreements or understandings (whether electronic, oral or written) regarding the subject matter hereof, and may only be modified in writing in accordance with this Agreement.

26. NO WAIVER

Studio Ere's failure to enforce any provision hereof or to act upon any breach hereof by you or any third party shall not in any way waive Studio Ere's right to enforce any terms hereof or to act upon similar breaches in the future.

You declare that you have read and understood this Agreement and that the entirety hereof contains no illegible or incomprehensible clauses and accept the entirety of this Agreement WITHOUT RESERVATION.

27. MODIFICATION OF CONDITIONS

Studio Ere reserves the right to modify, alter or otherwise update these Terms of Use. Studio Ere will notify Clients by e-mail thirty (30) days prior to the effective date of such changes.

If the Client does not accept the present Terms and Conditions or, as the case may be, the Terms and Conditions as amended, he must not, or must no longer, use the Platform. He will have at the latest, thirty (30) days after the entry into force of the modifications to send a notification to Studio Ere.

The use of the Platform by the Client after modifications means that the Client agrees to respect and be legally bound to the modified General Sales Conditions. Studio Ere will notify Clients of any changes to these Terms and Conditions thirty (30) days in advance. 

28. CONTACT
For all returns, exchanges, refunds, cancellations of Orders, you may contact Lyna Heiken.  the person in charge, by : 

E-mail: hello@studioere.co
Last updated January 25, 2024.