CONDITIONS APPLICABLE TO ON-LINE PURCHASES
All the purchases made on the website www.jeancoutu.com (the “Website”) made by you (“you”), are subject to the following conditions (the “Conditions Applicable to On-line Purchases”). These Conditions Applicable to On-line Purchases may be modified at all times by the Jean Coutu Group (PJC) Inc. (“JCG”, “us” or “our”) without prior notice, provided that the version of the Conditions Applicable to On-line Purchases in force at the time you place an Order (hereinafter defined) on the Website shall apply in respect of the applicable Order.
To make purchases through this Website, you must have the capacity to contract, have a billing address in Canada or the United-States and have your purchases shipped in the province of Quebec, Ontario or New Brunswick.
JCG reserves the right, at its sole discretion, to refuse or cancel any Order (hereinafter defined) made by any merchant or reseller. For the purposes of the present Conditions Applicable to On-line Purchases, a reseller refers to any person wanting to or making the purchase of any product through the Website for the purpose of selling to a third party.
Applicable to consumers of the Province of Ontario only: To make purchases through this Website, you must have reached the age of majority in Ontario.
The advertisements of JCG on the Website are offers to purchase the products on the Website (the “Offer”). JCG reserves the right, without any prior notice to reject, correct, cancel or terminate any Offer for whatever reason and/or to determine a quantity limit for any item of an Offer. The order for products that you submit to JCG on the Website constitutes your order (the “Order”). It may be necessary for JCG to verify at any time with your credit card company or our payment processing solution provider the personal information or information relative to the credit or payment cards before accepting any Order. Once an Order payment has been confirmed, you will receive an e-mail confirming said transaction.
ERRORS OR INACCURACIES
Although JCG takes great care to ensure that the information on the Website is complete and accurate, it is possible that the Website contains errors or inaccuracies. JCG reserves the right to correct the errors and the inaccuracies and to change or update the information on the Website at all times, without advising any person in respect of changes in price, availability and description of the products offered.
You consent to pay the price and all the fees indicated for the transaction. No price adjustment is possible in store for purchases made through the Website, including those delivered to participating stores. Except when specified otherwise, federal and provincial taxes are calculated in accordance with the shipping address. All amounts are in Canadian currency. AIR MILES® reward miles or other loyalty points/rewards will be provided in respect of the purchase of selected product on-line for Orders billed in the province of Quebec or New Brunswick only. No premium (gift, gift card, coupon or other similar offer) will apply for purchases made online.
Payment by credit card is the only payment method allowed for paying for purchases made on the Website. The Jean Coutu gift card and AIR MILES® reward miles cannot be used to pay for online purchases from the Website.
Declined credit card: In the case of incorrect or invalid credit information, exceeded credit limit or the issuer of your credit card refusing to pay for any other reason, an error message will appear on the screen.
JCG must have received payment in full for the Order before proceeding with its process and delivery. JCG shall deliver the products set out on the Order to the shipping address and such shipping address must be in either Quebec, Ontario or New Brunswick and otherwise be in compliance with these Conditions Applicable to On-line Purchases. JCG delivers exclusively in Quebec, Ontario and New Brunswick through Canada Post or any supplier of its choosing. The delivery of products is subject to the rules applicable by Canada Post or the selected supplier. Products delivered by Canada Post are delivered according to their standards of delivery from Monday through Friday, excluding statutory holidays. The delivery delays may vary for remote areas. JCG will make efforts which are commercially reasonable to deliver the products ordered in reasonable delays but may not be held responsible for delivery delays, losses or damages occurring during the delivery due to Canada Post. Upon delivery of the products set out in the Order by JCG to Canada Post, the product shall become your property.
If you wish to cancel your Order, our customer service department will be happy to help you. You can contact our customer service department toll free at 1-855-606-4646 or by e-mail at [email protected] If the processing of your order at our distribution center has not started, we will do everything we can to cancel your Order. Unfortunately we cannot cancel an Order that has already been shipped. Any Order that has been cancelled cannot be reactivated.
We may cancel your Order in the following situation:
Out of stock: In the event that it would be impossible to complete your Order in a timely manner due to a product being out of stock, a notice will be sent to you by e-mail indicating that your Order is cancelled. If only one of the products of your Order is out of stock, we will cancel your Order but we will be able to place a new Order for the products available if you wish. A customer service representative will be happy to discuss options with you and provide full follow up.
Not applicable to Quebec consumers: JCG disclaims any liability in the event of a product being out of stock and for any damage that may result from or caused by any delay in delivery.
ACT OF GOD
JCG shall not be held responsible for the non-execution, in whole or in part, of any of its obligations towards you, or for damages or losses that you could incur should the non-execution, damages or losses result from superior force or an Act of God.
EXCLUSIONS AND LIABILITY LIMITS
NON APPLICABLE TO QUEBEC CONSUMERS: TO THE EXTENT PERMITTED BY LAW, ALL THE PRODUCTS PURCHASED ON THE WEBSITE ARE SUBJECT SOLELY TO THE APPLICABLE WARRANTIES, IF ANY, PROVIDED BY THE RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, OF SUCH PRODUCTS WHEN SUCH WARRANTIES EXIST, AND SUCH WARRANTIES ARE PROVIDED TO YOU BY THE APPLICABLE MANUFACTURER, DISTRIBUTOR OR SUPPLIER AND NOT BY JCG. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, JCG MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS OF WHATEVER NATURE, WHETHER EXPRESS OR IMPLIED, AND OFFERS NO, AND CANNOT OFFER ANY, GUARANTEE OTHER THAN THOSE SPECIFIALLY MENTIONNED ON THE WEBSITE. WITHOUT LIMITING THE GENERAL SCOPE OF THE PREVIOUS PROVISIONS, JCG EXPRESSLY EXCLUDES ANY RESPONSIBILITY RELATIVE TO CLAIMS TIED TO NORMAL WEAR AND TEAR, THE IMPROPER USE OF THE PRODUCT OR ITS MISUSE, THE MODIFICATION OF THE PRODUCT, THE INCORRECT CHOICE OF THE PRODUCT OR AN ILLICIT APPROPRIATION. JCG’S LIABILITY IN RESPECT OF ANY ACTION ARISING UNDER THESE Conditions Applicable to On-line Purchases SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU TO JCG FOR THE APPLICABLE ORDER.
APPLICABLE TO QUEBEC CONSUMERS ONLY: JCG SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OR CLAIMS TIED TO NORMAL WEAR AND TEAR, THE IMPROPER USE OF THE PRODUCT OR ITS MISUSE, THE MODIFICATION OF THE PRODUCT, THE INCORRECT CHOICE OF THE PRODUCT OR AN ILLICIT APPROPRIATION.
APPLICABLE LAW AND SCOPE OF AGREEMENT
These Conditions Applicable to On-line Purchases are governed by the laws of the Province of Quebec. Any litigation will be submitted to a competent Quebec court.
Should any specific provision of the Conditions Applicable to On-line Purchases be found to be unenforceable by a court competent jurisdiction, this will not in any way affect the spirit and the scope of the Conditions Applicable to On-line Purchases, the remainder of which shall continue to be binding.
Should JCG fail to exercise one of its rights, this will not be construed as a renunciation for the future to this right or to any of the provisions of Conditions Applicable to On-line Purchases.
To ensure the protection of information, SLL ("Secure Socket Layer") security software has been installed on the Website so that any information that passes through the Website is encrypted before going on the Internet to prevent unauthorized interception of your data.
RETURN AND WARRANTY
We want your shopping experience on the Website to be enjoyable. If you are not completely satisfied with the purchase you made on the Website, please contact our customer service department, within 30 days of the delivery of your product, toll free at 1-855-606-4646 or by e-mail at [email protected]
Our customer service department will issue an authorization number to you and will send you by e-mail a pre-paid return label to be affixed to the shipping box of your product to be returned. All returned products must be in their original packaging. All elements of the product being returned, including any free gifts delivered with the product must be returned with the product.
We will be happy to credit your account for the amount of your purchase once our distribution center has verified your returned products. Processing the return and credit to your account may take up to 15 days. Any refund will be based on the same payment method that you used when purchasing. In cases where a purchase allowed you to earn AIR MILES® reward miles, those will be credited upon approval of the return.
All products purchased on the Website cannot be returned in PJC stores. Conversely, any products purchased in PJC stores cannot be returned by calling the Website’s customer service department.
In the case of products damaged during shipping, please contact our customer service department immediately for a return.
Not applicable to Quebec consumers: to the extent permitted by law, JCG reserves the right at any time to limit or refuse the return of a product for any reason.