Terms of Use

TERMS OF USE AND CONDITIONS OF SALE

(The masculine generic is used in this text solely for the purpose of lightening the form and making it easier to read.)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS YOU MAY NOT USE OR ACCESS THIS WEBSITE OTHER THAN IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR CONDITIONS, YOU MAY NOT ACCESS OR VIEW THE WEBSITE OR USE ANY CONTENT ON THE WEBSITE.

CONTEXT

Best Brands Ltd is a major distributor of products Bonne maman ® in Canada. Best Brands Ltd. is part of a group of affiliated companies that includes St-Hubert Group Ltd., and whose ultimate parent company is Recipe Unlimited Corporation (collectively, " Best Brands "). As such, Best Brands is responsible for hosting and operating this website in Canada promoting the branded products Bonne maman ® (the “ Website ”).

Branded products Bonne maman ® are manufactured by Andros (a general partnership), with a place of business at Zone Industrielle, 46130 Biars-sur-Cère, France (“Andros”). The trademark Bonne maman ® is owned by Andros and used under license by Meilleures Marques.

Best Brands reserves the right, at its sole discretion, to modify any part of these terms and conditions, in whole or in part, at any time. Modifications are effective immediately upon posting a notice to that effect on this Website. We may, but are not obligated to, notify you of the change to the terms and conditions by email or regular mail. Your continued use of this Website following such modifications means that you accept these modifications and therefore constitutes an agreement between Best Brands and you. If you do not agree to a modification, you must immediately stop using the Website.

SCOPE OF APPLICATION

Unless otherwise indicated, all content and materials made available on the Website are offered for the purpose of providing information and promoting the Brand Products. Bonne maman ®. Meilleurs Marques makes no representation that products displayed on the Website are appropriate or available for use outside of Canada. If you choose to access the Website from other jurisdictions, you are solely responsible for compliance with applicable local laws. Any claim relating to the Website shall be governed by the laws applicable in the Province of Quebec, without reference to its conflict of laws rules. In the event of a dispute or grievance relating to this Website, both parties generally and unconditionally agree to irrevocably submit to the exclusive jurisdiction of the courts of the legal district of Montreal, Province of Quebec.

USE AND RELATED RESTRICTIONS

Subject to your compliance with these Terms and Conditions, Best Brands agrees to grant you a limited, non-exclusive, non-transferable right to access, use, display and consult the Website for informational purposes or for the purchase of products where such functionality is available.

Unless otherwise specified, you may not modify, copy, reproduce, republish, upload to a server or elsewhere, send, publish, distribute or otherwise use the Content (as defined herein) available on the Website. You may print certain portions if this option is available for personal, non-commercial use. This permission is valid only on the condition that you: (i) retain all copyright and proprietary notices contained in the Content, including copyright and trademark notices, and indicate the source of the Content, including the URL of the Content; (ii) do not modify the Content in any way; and (iii) do not reproduce, perform, distribute or otherwise communicate or publicly use the Content for any commercial purpose unless the functionality of the Website expressly permits it.

Any other type of use requires the prior written consent of Meilleures Marques.

INTELLECTUAL PROPERTY

All Content (as defined herein) accessible on the Website or any Platform is fully owned or licensed by Meilleures Marques. You do not obtain any rights in respect of such Content. As previously mentioned, the trademark Bonne maman ® is owned by Andros and used under license by Meilleures Marques.

RESTRICTIONS ON USE

Subject to the terms hereof, all information and materials on the Website or any Platform, including, without limitation, the design, information, text, illustrations, trademarks, logos, images, icons, interfaces and the assembly and layout thereof (hereinafter referred to as the " Content ") are the exclusive property of Meilleures Marques or used under license. You may not use the Content except as expressly described herein. Modification or use of this Content for any other purpose violates the intellectual property rights of Meilleures Marques or third parties. You may not use the Website in any manner that violates any applicable local, provincial, federal, international or foreign laws. You may not use the Website in any manner that could damage, disable, overburden, impair or interfere with the operation or structure of the Website.

COMMUNICATIONS

Best Brands welcomes your comments and suggestions regarding its products and services. However, it is suggested that you do not submit such information or material through this website unless you wish to make them public and give your ideas to Best Brands (i.e. assign them entirely and free of charge). In this case, your comments, suggestions, ideas, illustrations or other contributions become the property of Best Brands. In addition, Best Brands will not have to treat any contribution as confidential and will not be responsible for any ideas concerning its business (including product or advertising ideas) and will not incur any liability resulting from similarities that may appear in its future activities. Without limitation, Best Brands will exclusively own all present and future rights to such contribution and will be entitled to use it for any commercial or other activity without providing compensation to you or any other person who sends it. You must never send a contribution that contains personal information that can identify another person. The personal information about you that you choose to voluntarily provide to Meilleures Marques is subject to the terms and conditions set out in the privacy policy section accessible here . By submitting a contribution to Best Brands, you represent and warrant that you own and hold the rights to such contribution, and acknowledge and agree that such rights become the property of Best Brands as set forth above. Further, you agree that you are solely responsible for the content of such contribution, including its legality, reliability, appropriateness, originality, and its rights.

LINKS AND OTHER INTEGRATED SITES

Certain links on our Website may take you to other websites or platforms owned by third parties, including, without limitation, social media sites (collectively, “ Third Party Applications ”). We assume no responsibility for the content, advertising, products, services or other materials accessible on these Third Party Applications. In particular, Meilleures Marques accepts no responsibility whatsoever arising from the use of links to Third Party Applications or the information provided or disseminated on them. You assume full responsibility for your access to or use of Third Party Applications and are responsible for taking all necessary precautions. These Third Party Applications are subject to different terms and conditions than those applicable to our Website and platforms. It is therefore your responsibility to review and comply with these terms and conditions.

COMPETITION

We may also, from time to time, offer or co-sponsor contests, promotions or games on our website or other platforms under our control. Each of these activities will be governed by its own rules, which you may review before participating. You should read the rules applicable to these activities, as they are different from these Terms and Conditions.

LIMITATION OF LIABILITY

Best Brands makes every effort to ensure that the Content provided on this Website is accurate, but we make no guarantees in this regard. The Content may contain technical inaccuracies, typographical errors or omissions. To the fullest extent permitted by applicable law, the Content on the Website is provided "as is" without any express or implied warranty of any kind. Best Brands disclaims all warranties, express or implied, including any warranties of title, merchantability, fitness for a particular purpose or non-infringement. Best Brands does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected or that it will be free of viruses or other harmful components. You agree that Meilleures Marques will not be liable for any loss or damage, direct or indirect, including loss of information or programs, loss of profits, loss of revenue, loss of savings, costs and expenses (such as attorneys' fees), arising out of the use of, access to, or inability to use or access the Website, regardless of whether Meilleures Marques has been advised of the possibility of such damage or loss or whether such damage or loss was reasonably foreseeable. IN ANY EVENT, TO THE EXTENT BEST MARQUES IS FOUND LIABLE TO YOU, YOU AGREE THAT BEST MARQUES' TOTAL CUMULATIVE LIABILITY FOR SUCH DAMAGES OF ANY KIND IS LIMITED TO CA$100.

APPLICABLE LAWS IN CERTAIN PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF STATUTORY OR IMPLIED LIABILITIES OR WARRANTIES OR CERTAIN DAMAGES OR REPRESENTATIONS OR WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER THE LAW.

You agree to indemnify, defend and hold harmless Meilleures Marques, its contractors and their officers, directors, employees and other representatives from and against any liability arising from your violation or infringement of these terms and conditions.

MISCELLANEOUS

These Terms and Conditions supersede any prior understanding, representation, warranty or agreement, whether written or oral, express or implied, with respect thereto, and are binding upon you, your heirs, executors, administrators and other legal representatives. If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The delay or failure of Meilleures Marques to act with respect to any failure by you to comply with these Terms and Conditions shall not constitute a waiver by Meilleures Marques. These Terms and Conditions constitute a complete and binding agreement between Meilleures Marques and you relating to the use of the Website. You may not assign these Terms and Conditions to any third party without the consent of Meilleures Marques. Meilleures Marques may, however, assign, transfer or delegate its rights and obligations under these Terms and Conditions without your consent.

GENERAL CONDITIONS OF SALE

To the extent that the Website offers you the opportunity to purchase a product, the following terms and conditions of sale apply to that transaction. For clarity, Meilleures Marques does not undertake to make it possible to purchase products from the Website.

Terms of Use

This Website may be used by all residents of Canada who are of legal age to enter into contracts in their respective provincial jurisdiction and who may be governed by such contracts under applicable laws. Best Brands makes no representation that the Website may be used in locations other than Canada.

Prices and taxes

Best Brands is committed to maintaining and updating the Website as much as possible to reflect the prices and services in effect at Best Brands. However, prices are subject to change without notice. Prices for some online items may vary depending on your shipping address. Your invoice total is displayed on the page where you confirm your order and see the summary description of your order. Please note that prices are in Canadian dollars and do not include applicable taxes. Taxes are included in your order total and displayed separately during the order process. Taxes are determined according to applicable local, provincial or federal laws. The tax rate charged is based on the shipping address you provide when you place your order.

Complaints or returns

If there is an error in your order, our corrective policy will apply. Please send an email to boutique-bm@st-hubert.com to report the problem. Depending on the agreement you make with the customer service agent, Best Brands will exchange, supplement or credit the incorrect products. Best Brands is continually improving and encourages you to send us your comments and suggestions.

Product availability

Best Brands advertises on the Website only products that can be ordered and delivered. It is possible that some products may not be available at the time of your order. Adding a product to your "cart" or "wish list" does not guarantee that it will be available at the time you place your order. In this case, a customer service agent will contact you based on the information you provided in your customer profile. You will then be able to modify or cancel your order.

Limited quantity

Best Brands reserves the right, in its sole discretion, to limit the number of items purchased per person, per household or per order. These restrictions apply to orders placed from the same account, the same credit card and may also be based on the same billing or shipping address. Best Brands reserves the right, in its sole discretion, to prohibit or refuse to accept sales to retailers or resellers.

Acceptance of an order

Once an order has been submitted and confirmed, you may not make any changes to it. Best Brands reserves the right, in its sole discretion, to cancel or refuse any order for any reason. For example, the following situations may result in the cancellation or refusal of your order: (i) the unavailability of any product to fulfill the order; (ii) an inaccurate statement regarding a product or price; (iii) the inability to confirm or obtain authorization to charge the amount of the order to your credit card; or (iv) problems related to the identification of the person placing the order. We may also make additional verifications or obtain other information before confirming your order. Best Brands may contact you to inform you that part or all of your order is cancelled or that it needs additional information to complete and accept your order.

Delivery

Delivery of orders placed on the Website is only offered in the delivery territories covered by Best Brands.

Responsibility

Notwithstanding the foregoing, nothing in these terms and conditions shall operate to limit any right you may have as a consumer under any public law that may apply to you.