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Terms of use

Welcome to the Duvaltex Website!

Please carefully read all of these Terms and Conditions of Use before proceeding to access or use of the Duvaltex website (the “website”) since by your access to or by the use of the website, you are agreeing to the following Terms and Conditions of Use. If you do not agree with each provision of these Terms and Conditions of Use, do not use the website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Supplemental terms regarding the purchasing of products, shipping procedures, returns, promotions and other matters, may apply to certain products or certain parts of the website, and are disclosed to users in connection with the applicable products or the applicable parts of the website. These supplemental terms are in addition to, and are deemed a part of these Terms and Conditions of Use.

Duvaltex can revoke and change the Terms and Conditions of Use at any time and for any reason. It is your duty to review the Terms and Conditions of Use regularly. Your use of the website after any change or update to the Terms and Conditions of Use will be considered acceptance of such updated Terms and Conditions of Use.

Intellectual Property and Ownership

The website is owned and operated by Duvaltex Inc. Any and all content, material, page headers, program codes, texts, custom graphics, button icons, scripts, presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, photographs, icons, software, designs, applications, data, trademarks, trade names and other elements and information available on or through the website (collectively, the “Content”) are proprietary to Duvaltex Inc. The website and the Content are protected by Canadian, U.S. and international copyright, trademark and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or the Content. You may use the website and the Content only in the manner described expressly in these Terms and Conditions of Use and subject to all applicable laws. Using the website or the Content for any other purpose or in any other manner is strictly prohibited.

Except as expressly set out in these Terms and Conditions of Use, you may not modify, copy, reproduce, upload, publish, post, transmit, distribute, display, index, catalogue, mirror, perform, reverse engineer, create derivative works from, sell or otherwise transfer any of the content without the express prior written consent of Duvaltex. You may print and download portions of the content for your own non-commercial use provided you do not change or delete any copyright, disclaimers or proprietary notices contained in such content. The framing, mirroring, scraping or data mining of this website or any of the Content in any form and by any means is also strictly prohibited.

Online Account

The user has the duty to maintain the confidentiality of the information on the account created on the website, including the password, and remains solely responsible for any use of such account. Duvaltex is entitled to act, without incurring any liability, on all instructions received from anyone using your account.

Users also have the duty to immediately notify us of any unauthorized use of the username, password or account, or of any other breach of security that they may be aware of.

The user is liable for any damage that may be incurred by anyone due to the submission via the website of erroneous, fraudulent, obsolete or incomplete information.

Duvaltex reserve its right to deactivate or cancel any user account in its sole discretion and without notice, including for the following reasons: death of the user, written request from the user, lack of response following repeated communication attempts with the user, or fraudulent or prohibited use of account.

User Attestation

By accessing the website, you attest to the following:

  • Having read, understood and accepted these Terms and Conditions of Use; and
  • That you are aged 18 years or older.

You also confirm and warrant that you shall not submit any content:

  • That is false, inaccurate or misleading;
  • That breaches the intellectual property rights of a third party, including copyright, patents, trademarks, trade secrets and other proprietary rights, or rights regarding publicity and respect for private life;
  • That contravenes any law, order or regulation including (without limitation) those governing export controls, consumer protection, unfair competition, discrimination and false advertising, or to use the website in a manner that could violate generally accepted ethical standards;
  • That is or would reasonably be considered libelous, hateful, obscene, discriminatory, offensive, unlawfully threatening or harassing to any individual, group, company or corporation;
  • For which you received a compensation or consideration from any third party;
  • That includes references to any other individual’s personal information, including street addresses, email addresses, contact information or phone numbers;
  • That contains a virus, worm or other program that is potentially damaging for computer files; or
  • Which contains advertising or references to products, offers or websites other than those of Duvaltex.

The website is limited to personal use and informational purposes.

User Content

The website may allow the submission, hosting, sharing, downloading, publishing and/or republishing of various forms of content by users, such as materials, statements, reviews, ratings, opinions, personal accounts, images, graphics, logos, designs, videos, text files, audio files, and comments.

Users shall be solely responsible for their own user content, and for the consequences of posting or publishing it. Duvaltex does not endorse any user content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such user content. Duvaltex reserves its right to pre-screen user content and has the right (but not the obligation) in its sole discretion to refuse, move, and/or remove any user content that is available on or through the website.

All user content is deemed non-confidential and non-proprietary to the user and may be viewed by other users of the website. Also, by providing such content, the user grants Duvaltex a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the user content in all formats and distribution channels now known or hereafter developed (including in connection with the website and Duvaltex’s business), without further notice to, or consent from, the user, and without the requirement of payment to the user or any other person or entity.

The user also agrees that Duvaltex and its affiliates and its licensees are free to use such content, including theories, ideas, models, concepts, hypotheses, know-how or techniques in any such user content for any purpose, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to the user. You voluntarily waive all “moral rights” you may have on said content.

Duvaltex does not guarantee that third parties or users of the website will not duplicate, counterfeit, imitate, copy, modify, distribute or otherwise use or misuse the user content posted on the website.

Also, users acknowledge that in using the website and accessing its content, they may encounter material that they may consider to be disturbing, offensive or objectionable, and that the use of the website is at the sole risk of the user. Duvaltex shall have no liability for material that may be considered by the user as disturbing, objectionable or offensive.

Privacy Policy

Duvaltex collects, uses, stores and discloses personal information in accordance with its then-current Privacy Policy (referred to as “Privacy Policy”), which is incorporated by reference into these Terms and Conditions of Use and may be viewed on the website.

Prices and Availability of Products

Pricing of the merchandise displayed on the website may vary from the merchandise sold in stores or through distributors. All prices and other amounts are in Canadian dollars for accounts located in Canada and in U.S. dollars for accounts located in the United States. Prices indicated on our website for merchandise purchased online do not include taxes or shipping costs.

The products offered on the website, their prices and their availability may vary depending on where Duvaltex distributes its products, or if they are sold from the website, and may be modified at any time without notice.

Duvaltex shall not be held to be making a formal offer of its products on the website, but rather to be soliciting offers from the users to acquire such products.

Lead times are as stated by Duvaltex and products may be placed on backorder at Duvaltex’s discretion. Where product availability is limited for any reason, Duvaltex may fill orders or otherwise allocate products in any manner it deems appropriate. Under no circumstances will Duvaltex be liable for failure to ship, or for customer’s failure to receive products by a certain date.  

To protect your transactions, your financial information may be transferred to a third-party payment platform.

Orders and Shipping

Duvaltex reserves its right, with or without prior notice and without liability for any inconvenience, to reject, correct, cancel or terminate any order for any reason, including shortage of inventory, or to subject any order to special conditions that the user may accept or refuse (such as quantity limits, restrictions on resale, territories where Duvaltex will not deliver, etc). Merchandise displayed on this website is available while supplies last at our warehouse.

No order may be canceled if the contents of that order have already been shipped.

Duvaltex will proceed with the delivery of the products covered by an order upon full payment of the order.

Orders are generally processed and shipped within one (1) business day for in-stock items. Orders placed on holidays or weekends will be processed the next business day. Following the preparation and packaging time, orders are generally delivered IN 4 TO 6 BUSINESS DAYS IN NORTH AMERICA. Please allow an additional two (2) to three (3) business days for deliveries to rural areas.

If the requested quantity exceeds our current inventory or upon occurrence of special conditions that may cause delay in the delivery process, our customer service team will contact you to confirm the delivery date. For special requests regarding shipping, please call our customer service line at 1 800-544-0200.

Duvaltex is not responsible for shipping delays or possible package loss or damages by the postal or shipping companies dealing with the transport of your order. We encourage you to follow the progress of your package by using your tracking number.

Applicable taxes and shipment and customs fees are charged to the user based on the shipment address.

If your package is not delivered and is returned to us, we will contact you and any additional shipping costs will be added to your invoice.

Indemnification

You will indemnify and hold harmless Duvaltex, its affiliates, licensors, licensees and service providers, and their respective officers, directors, employees, contractors, agents, licensors, licensees, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use or your use of the website, including, but not limited to, your contributed information, any use of the Content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from the website.

Choice of Laws and Choice of Jurisdiction

Duvaltex manages this website from its offices located in Quebec, Canada. By using this website, you agree that all matters related to the access or use of the website in its full functionality are subject to provincial and federal laws applicable in Quebec, Canada and that the courts of the judicial district of Quebec City, Quebec have exclusive jurisdiction over any dispute arising of or related to the use of the website and over any transaction made through the website.

At the exclusive discretion of Duvaltex, any claim or dispute whatsoever arising from or related to the interpretation, application, performance, term, validity, termination or effects of these Terms and Conditions of Use or any transaction made through the website may also be settled by arbitration in accordance with the laws of the Province of Québec, Canada.

Waiver and Severability

No waiver of by Duvaltex of any term or condition set forth in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Duvaltex to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions of Use will continue in full force and effect.

Entire Agreement

These Terms and Conditions of Use and the Privacy Policy, along with any other policy posted on the website, constitute the sole and entire agreement between you and Duvaltex with respect to the website and its content and components, and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

CONTACT US

For information not found on this page, please contact us at 1 800-544-0200, or by email at info.mask@duvaltex.com.

Last update of these Terms and Conditions of Use: July 2020.