Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE

Article 1: Definitions

These Terms and Conditions of Sale (hereinafter, the "Terms") are offered by the company Argomatw LLC.

In these Terms, the following definitions apply:

"Site": the site https://demeuria.com and all its pages, the exclusive property of the Company.

"Products" or "Services": all products (physical goods) and services (work performed) that can be purchased or ordered on the Site.

"Seller": Demeuria, a legal entity or individual, which offers its Products or Services on the Site.

"Customer": the user, whether a private individual or a business, who purchases Products or Services on the Site.

"Consumer", within the meaning of the consumer protection law of the Customer's province or territory of residence: "an individual who buys for personal, family or household purposes and not for business purposes".

The user who visits the Site and is interested in the Products and Services offered by the Seller is invited to read these Terms carefully, and to print them and/or save them on a durable medium before placing an order on the Site. The Customer acknowledges having read the Terms and accepting them in full.

Article 2: Application of the Terms and purpose of the Site

The Seller reserves the right to change the Terms at any time by publishing a new version on the Site.

The Terms that apply to the Customer are those in force on the day of their order on the Site.

Legal information about the hosting provider and the publisher of the Site, the collection and processing of personal information and the conditions of use of the Site is provided in the general terms of use, the legal notice and the privacy policy of this Site.

This Site offers online sales of home decor, lifestyle and home wellness products.

Access to the Site is open and free of charge for any Customer. The purchase of a Product or a Service means that the Customer accepts all of these Terms, and the Customer acknowledges at the same time having full knowledge of them. This acceptance may consist, for example, of checking the box next to the statement accepting these Terms, with the words "I declare that I have read and accepted all the general terms and conditions of the Site". Checking this box has the same value as the Customer's handwritten signature.

Acceptance of these Terms means that Customers have the necessary legal capacity. If the Customer is a minor or does not have this legal capacity, the Customer declares that they have the authorization of a guardian, a curator or their legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless there is proof to the contrary, waives the right to challenge them in the event of a dispute.

Each Order for Products implies the Customer's acceptance without reservation and full adherence to these Terms and Conditions of Sale, which prevail over any other document (catalogues, advertising, instructions), unless the Company has expressly agreed otherwise in advance.

Article 3: Customer service

The customer service of this Site can be reached by email at contact@demeuria.com, through a form, or by mail at the address shown in the legal notice. In the email, the Customer must give their first name, last name, the subject of the request and their Order number.

For any business request (partnerships, media, contract proposals), the Company can be reached only by email at contact@demeuria.com.

Article 4: How orders are placed and description of the purchase process

The Products and Services offered are those shown in the catalogue published on the Site. Each product comes with a description written by the Seller based on the descriptions provided by the supplier.

The photos on the Site are not contractually binding and may differ slightly from the models photographed. These differences are due to the settings of different screens and cameras, the lighting of the products, the angle of the shot, etc.

In these Terms, the "Cart" is the virtual item that groups together all the Products or Services selected by the Customer, by clicking on them, with a view to a purchase. To place an order, the Customer chooses the Product or Products they wish to order by adding them to their "Cart", whose contents can be changed at any time.

- The Customer places the Order through the Site: the Customer enters and confirms the Order on the Site.

- To place an order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking the "add to Cart" button. On the "Cart" page, the Customer can check the details of their Order and correct any errors before confirming it.

- On the "Information" page, the Customer must enter their contact information. They can choose to follow their Order by email by checking the corresponding box.

- On the "Shipping" page, the Customer must choose the shipping method offered.

- On the "Payment" page, the Customer must enter their payment information and billing address. The Customer can also enter a promotional code if they have one.

- A complete summary of the Order appears. The Customer can change every element of the Order before completing it. The Customer is responsible for any errors concerning the Order, the Products and the Customer's contact information.

- The sale is validly concluded when the Customer has confirmed the Order by clicking the order confirmation button, has accepted the Terms and Conditions of Sale and has paid by the method chosen, without prejudice to the exercise of the right of return.

The order confirmation date is the date of receipt of the duly verified payment of the total price, including applicable taxes.

Article 5: Prices and payment methods

Unless otherwise indicated, the prices shown in the catalogue are in Canadian dollars. Applicable sales taxes and any handling and delivery charges are shown to the Customer before payment.

Demeuria reserves the right to reflect any change in the sales tax rate in the price of the Products or Services. The Seller also reserves the right to change its prices at any time. However, the price shown in the catalogue on the day of the order is the only price that applies to the Customer.

The Customer can place an order on this Site and pay with the payment methods shown at the time of payment (for example, credit or debit card). Card payments are made through secure transactions provided by an online payment platform provider.

This Site has no access to any information about the Customer's payment methods. Payment is made directly through the bank or payment service provider that receives the Customer's payment. If payment is made by bank transfer, the delivery times set out in the "Deliveries" article of these Terms run only from the date on which the Seller actually receives the payment, which the Seller may prove by any means. Product availability is shown on the Site, on the description page of each Product.

Demeuria will archive orders and invoices on a reliable and durable medium that constitutes a true copy of them. The parties will consider computer records as proof of the communications, orders, payments and transactions made between the parties.

Article 6: Deliveries

Delivery charges will be shown to the Customer before any payment. The Site delivers in Canada. The delivery times shown at the time of the order are estimates and depend on any delays by postal services or other particular cases that prevent delivery (demonstrations, bad weather, etc.).

Unless otherwise indicated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days from the conclusion of the contract with a Consumer Customer.

In the case of delivery by hand, the Customer can refuse a parcel at the time of delivery if they notice a problem (malfunction, a Product missing compared to the delivery slip, a damaged parcel, broken Products, etc.); the Customer must then note any problem on the delivery slip, in the form of handwritten reservations, together with their signature. To exercise the right of refusal, the Customer must open the damaged or defective parcel or parcels in the presence of the carrier and have the carrier take back the damaged goods. In the case of delivery to a mailbox, the Customer undertakes to check the parcel immediately and to contact Demeuria's customer service if they notice any problem. If the Customer does not follow these instructions, they cannot exercise the right of refusal and the Seller is not required to accept the Customer's request to exercise it.

If the Customer's parcel is returned to the Seller by the postal service or by other carriers, the Seller will contact the Customer upon receiving the parcel to ask how to proceed with their order. If the Customer refused the parcel by mistake, they can request a new shipment by paying the postage for the new shipment in advance. Postage must also be paid for orders whose shipping was free at the time of the order.

In the case of a delivery error or an exchange (if the right of return applies, that is, if the Customer is a Consumer and the contract concluded to purchase the Product or Service allows a return), any product to be exchanged or refunded must be returned to the Seller complete and in perfect condition. Any defect resulting from carelessness or incorrect use by the Customer cannot be attributed to the Seller.

Any delivery delay beyond the date or period indicated to the Consumer Customer at the time of the order or, if no date or period was indicated at the time of the order, beyond thirty (30) days from the conclusion of the contract, may lead to the cancellation of the sale at the initiative of the Consumer Customer, by written request sent by registered mail with acknowledgment of receipt, if the Seller has been required to make delivery within a suitable additional period and has not done so. The Consumer Customer will then be refunded all sums paid no later than fourteen (14) days from the date on which the contract was cancelled. This clause does not apply if the delivery delay is due to a case of force majeure.

Special case of a parcel whose tracking number shows "delivered" but which was not received in the mailbox: if the Customer notices and informs the Seller that the parcel is not in their mailbox even though the tracking number shows "delivered", customer service may ask them for additional information and an official document from the carrier responding to their complaint about the tracking number. The Seller will then do everything possible to ensure the Customer's satisfaction, in particular by offering to ship the products again immediately at the Seller's expense.

Article 7: Right of return and return form

The Consumer Customer has thirty (30) days from the date of receipt of the product ordered to exercise the right of return. The Customer must return any product that does not satisfy them and may request an exchange or a refund without penalty, except for return costs. The refund is made within fourteen days of Demeuria's receipt of the refund request.

The Product must be returned in perfect condition, in its original packaging and unused. The Consumer Customer will find below a sample return form for an order placed on the Site, which must be sent to Demeuria.

It is understood that the costs of returning the Product in the event of a return are paid by the Customer.

The Customer is advised to make the return using a service that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to open an investigation with the postal services to locate it.

The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another payment method, and provided that the refund does not cost the Customer anything.

The Seller also reserves the right to hold back the refund until it has received the Product or until the Customer has shown that they shipped the Product, whichever condition is met first.

If the value of the Products decreases because of handling other than what is necessary to establish the nature, characteristics and proper working of the Product or Products, the Customer may be held responsible for it.

The Consumer Customer will find below a sample return form for an order placed on the Site:

Return form

(Complete and send this form only if you wish to exercise the right of return.)

To: Demeuria (Argomatw LLC), 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, United States
Email: contact@demeuria.com

I/we (*) hereby give notice that I/we (*) am/are (*) exercising the right of return under my/our (*) contract of sale for the following goods:

- Order number:

- First name / Last name:

- Telephone number:

- Email address:

- Mailing address:

- Reason for the complaint:

- Exchange (*) (indicate the desired product)

- Refund (*) (attach your full bank account details)

Signature of the Customer or Customers (only if this form is sent on paper):
Date:

(*) Delete as applicable.

Article 8: Product warranty

All items purchased on this Site benefit from the legal warranties provided by the law of the Consumer Customer's province or territory of residence.

These legal warranties apply regardless of any commercial warranty granted.

Legal warranties

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and is liable for any lack of conformity existing at the time of delivery of the Product.

In Quebec, under the Consumer Protection Act, the goods must be fit for their normal purpose and for normal use for a reasonable time. In Ontario, the Consumer Protection Act, 2002 applies the implied conditions and warranties of the Sale of Goods Act. The other provinces and territories have their own rules.

Non-conformity of the Product

If a Product delivered does not conform, it may be returned to the Seller, who will replace it. If the Product cannot be replaced (Product no longer available, out of stock, etc.), the Customer will be refunded the amount of their order by bank transfer. The costs of the replacement or refund procedure (in particular the shipping costs for returning the Product) are then paid by the Seller.

Article 9: Liability

The Seller, Demeuria, cannot be held liable for non-performance of the contract concluded because of a case of force majeure. With respect to the Products purchased, the Seller will not be liable for any indirect damages arising from these Terms, business losses, loss of profit, damage or expenses that may occur.

The choice and purchase of a Product or a Service are the Customer's sole responsibility. Being totally or partly unable to use the Products, in particular because of equipment incompatibility, cannot give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven lack of conformity, a defect, or the exercise of the right of return, if applicable.

The Customer expressly agrees to use the Site at their own risk and under their sole responsibility. In any case, Demeuria cannot be held liable for:

- any direct or indirect damage, in particular with respect to loss of profit, lost earnings, loss of customers or loss of data that may result, among other things, from using the Site or, on the contrary, from being unable to use it;

- a malfunction, an inability to access the Site, improper use, an incorrect configuration of the Customer's computer, or the Customer's use of an uncommon browser;

- the content of advertising and of other links or external sources accessible to Customers from the Site.

Therefore, the Seller's liability cannot be invoked if the characteristics of the Products differ from the images on the Site or if these images are incorrect or incomplete.

Article 10: Force majeure

Cases of force majeure or unforeseeable events are events beyond the control of the parties, which they could not reasonably foresee and could not reasonably avoid or overcome, to the extent that their occurrence makes it totally impossible to perform the obligations.

The occurrence of a case of force majeure automatically suspends the performance of the Order.

After a period of ninety (90) calendar days, if the parties note that the case of force majeure continues, either party may cancel the Order and terminate the contract of sale. To do so, the party that wishes to terminate must send the other party a registered letter with acknowledgment of receipt giving notice of the termination of the contract of sale.

The termination takes effect on the date the registered letter is first presented for delivery. In this case, neither party may claim damages, unless the parties agree otherwise.

Article 11: Intellectual property rights

All elements of this Site belong to the Seller or to an authorized third party, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute or use elements of the Site in any way, even in part. Any simple link or hyperlink is strictly prohibited without the Company's express written agreement. In all cases, any link, even if tacitly authorized, must be removed as soon as the Company requests it.

Only private use of the Site is permitted, subject to any different or more restrictive provisions of the intellectual property rules. Any full or partial reproduction of the Company's catalogue is strictly prohibited. Any other use is an infringement and is penalized under the intellectual property rules, unless prior authorization has been given.

Any reproduction, representation or adaptation of the logos and of the text, graphic or video content, without this list being exhaustive, is strictly prohibited and is an infringement.

Any Customer who commits an infringement may have their account deleted without notice or compensation, without this deletion constituting damage to them, and without prejudice to any subsequent legal action against them, at the initiative of the Seller or its authorized representative.

The trademarks and logos on the Site may be registered by Demeuria or, where applicable, by one of its partners. Anyone who represents, reproduces, incorporates, distributes or redistributes them is liable to the penalties provided for in the Trademarks Act and the Copyright Act.

Article 12: Processing of personal information

The Company collects the Customer's information:

- a) to manage and follow the Customer's Order on its Site; (and/or)

- b) to be able to contact the Customer about various events relating to the Company, including in particular Product updates and the management of the customer relationship; (and/or)

- c) to collect information that allows us to improve the Site and our Products (in particular through cookies).

The information collected is processed by the Site's contracted providers responsible for packaging and distributing the Products ordered, and by the hosting provider, the company Shopify Inc., whose servers are secure and protected by a firewall.

The Company keeps the information collected only for the period corresponding to the purposes of collection set out above, which in any case cannot exceed five (5) years.

Depending on the Customer's province or territory, under the Personal Information Protection and Electronic Documents Act (PIPEDA) or a provincial law, such as Quebec's Act respecting the protection of personal information in the private sector, the Customer has a right to access, change, correct or delete their information, or to object to its use for legitimate reasons.

The Customer can exercise their rights by email at contact@demeuria.com.

Article 13: Comments and other user submissions

If the Customer sends ideas, proposals or other material, online, by email, by mail or otherwise (collectively, "comments"), at the Company's request or on their own initiative, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comment the Customer sends it.

The Company is not and will not be required (1) to keep comments confidential; (2) to pay anyone for any comment provided; (3) to respond to comments.

The Company may monitor, edit or remove content that it considers, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally punishable, or that infringes any intellectual property right or violates these Terms and Conditions of Sale.

The Customer undertakes to write comments that do not infringe the rights of third parties, including copyrights, registered trademarks, confidentiality, personality rights or other personal or property rights. The Customer undertakes not to include illegal, defamatory, offensive or obscene content in their comments, and to ensure that the comments do not contain computer viruses or other malicious software that could compromise the operation of the Site or of other linked websites. The Customer undertakes not to use a false email address, not to pretend to be another person and not to try to mislead the Company and/or third parties about the origin of their comments.

The Customer is entirely responsible for the comments posted and for their accuracy. The Company accepts no responsibility and disclaims any commitment in relation to comments posted by the Customer or by third parties.

Article 14: Severability

If a provision of the Terms is found to be illegal, void or for any other reason unenforceable, that provision will be considered severable from the Terms and will not affect the validity and enforceability of the other provisions.

These Terms replace any previous or concurrent agreement, written or oral. The Terms cannot be assigned, transferred or sublicensed by the Customer.

A printed version of the Terms and of all notices provided in electronic form may be requested in court or administrative proceedings relating to the Terms. The parties agree that all correspondence relating to these Terms must be written in English.

Article 15: Governing law and mediation

These Terms and Conditions of Sale are governed by the law of the Customer's province or territory of residence in Canada and, more generally, by the consumer protection rules in force there.

The Site reserves the right to take criminal action against any attempted fraudulent purchase or any purchase made with an unauthorized, blocked, stolen or counterfeit payment card. In this case, no attempt at amicable settlement will be accepted.

The fact that a clause of these Terms and Conditions of Sale proves to be void and unenforceable does not call into question the validity of the other provisions and does not release the Customer from performing their contractual obligations.

Indemnification

The Customer agrees to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, lawyers, suppliers and employees from any claim or demand, including reasonable legal fees and court costs, made by a third party because of or as a result of the Customer's use of the website or of our products and services, the Customer's breach of these Terms, or the Customer's breach of the representations, agreements, warranties and obligations set out herein.

Domestic or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

In particular, the Mediator cannot examine the dispute if:

- the Customer does not show that they first tried to resolve the dispute directly with the Company through a written complaint;

- the request is clearly unfounded or abusive;

- the dispute has already been examined, or is being examined, by another mediator or by a court;

- the Customer submitted the request to the Mediator more than one year after their written complaint to the Company;

- the dispute does not fall within the Mediator's jurisdiction.

Mediation is free of charge for the Customer. If the Customer uses, at any stage of the mediation, a lawyer, a third party of their choice or an expert to defend them, the Customer alone bears the costs.

The Mediator cannot receive any instructions from the parties or be paid based on the result.

Taking part in mediation does not exclude the possibility of going before a judge. The parties are free to submit their dispute to a judge in accordance with the applicable legal provisions.

Warranty on components:

The commercial warranty on components is limited to 30 days from the date of purchase, under normal conditions of use and excluding any failure caused by an external factor. Under these conditions, the Seller undertakes to replace the defective component. This commercial warranty does not affect the legal warranties described in Article 8.