Terms of sales
GENERAL SALES TERMS AND CONDITIONS OF DEBUTIFY
This agreement (hereinafter the “Agreement”) sets out the terms and conditions applicable to the sale of products or/and services (hereinafter the “Products”) of Debutify Inc. (hereinafter the “Debutify”) and reserves the rights to modify the hereby terms and conditions.
However, when the Consumer Protection Act applies, Debutify will notify the Website Users 30 days prior to the change in this case. These amendments will come into force 30 days after new provisions are added to the Agreement and put online. If the User refuses these changes and wishes to terminate the contract, he will have no more than thirty (30) days after the amendments come into force to send a notice to Debutify and resolve, without charge or penalty, his obligations to Debutify.
The terms (you) and (yours) are associated with the person who is purchasing services from the Debutify’s web site (hereinafter, the “Customer”). By using the hereby web site for the purchase of services, you have to accept the hereby terms and conditions and you accept to be bound by. You declare to be of legal age to enter into a binding agreement and accept to be bound by the hereby Agreement. The hereby Agreement announces important information regarding your rights and obligations and the restrictions and exclusions you might be subject to.
1. AUTHORIZATION FOR USE OF ELECTRONIC DOCUMENTS
By the hereby Agreement, you consent to exchange documents and information with Debutify by e-mail or internet. You hereby accept that this Agreement has the same binding effects as a written agreement between you and Debutify. You also accept that any subsequent agreement, information, notice and all other communications that we send you electronically satisfy the legal terms of this kind of communication.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
3. REGISTRATION, USERNAME AND PASSWORD
Some of the functionalities on the Site require a registration or subscription from Shopify’s website. If you decide to register or subscribe for those functions, you undertake to provide accurate and up-to-date information about yourself, and to promptly update said information, if necessary, in order to ensure that the information remains accurate and complete. You acknowledge that you are responsible for: i) keeping the passwords that you chose or that were assigned to you, ii) for any activity that takes place under your username or password; and iii) for exiting your account after you have finished your session. Furthermore, you undertake to inform Debutify of any unauthorized use of your username or password. If you fail to respect the obligations contained in this article, Debutify will not be responsible for any resulting losses or damages.
Debutify offers a cloud-based management tool that provides visual themes and adds-on applicable to e-commerce websites such as Shopify.com (hereinafter the “Service”).
The information presented on the website is authoritative, however, Debutify has the right to modify said information at their convenience, in compliance with the relevant legal and regulatory provisions. The Service is provided on a subscription basis for the term specified in your order form, in accordance with the respective subscription plan purchased under such order form.
All the prices are, in the absence of other indications of the contrary, in US dollars. Even if Debutify endeavours to provide with the exact price description, there is a risk of mistakes. Debutify reserves the right to correct the prices and all the erroneous information, to modify the prices of services or any other modification of the hereby by Agreement, at all moments, by respecting the legal provisions and regulations and the terms and conditions of the hereby Agreement. If a price is incorrect, Debutify reserves its rights to cancel your subscription and all the fees charged on your card and Debutify will communicate with you in order to proceed with a new subscription with the adjusted price, or reimburse you according to the legal provisions and regulations and the terms and conditions of the hereby Agreement.
6. TERMS OF PAYMENT
The terms of payment are determined by Debutify, in its sole discretion. The payment will be transmitted through a Credit card unless another payment method was previously accepted by Debutify. The Credit card has to be accepted and approved by the financial institution providing the Credit card (by the Credit card provider). You have to be the legally authorized person to use the Credit card which will be maintained (use) for tracking purposes.
In consideration for the provision of the Service (except for trial Service), Customer shall pay us the applicable fees per the purchased subscription, as set forth in the applicable order form (the “Subscription Fees”).
You hereby authorize Debutify, either directly or through its payment processing service, to charge such Subscription Fees via your selected payment method, upon due date. Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable. Debutify reserves the right to change the Subscription Fees at any time, upon notice to you if such change may affect your existing subscriptions upon renewal. In the event of failure to collect the fees owed by you, Debutify may, at its sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the account, without notice.
If, at any time, Debutify record a decline, chargeback or other rejection of a charge of any due and payable Subscription Fees on Customer’s Account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the service may be disabled or terminated and such use of the service will not resume until you re-subscribe for any such service, and pay any applicable subscription fees in full, including any fees and expenses incurred by Debutify and/or any third party service for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these terms or applicable law.
8. SERVICE AVAILABILITY
The availability of certain services might be limited. Debutify has the right to modify or restrict the service availability, at all times, without previous notice. If the ordered service is no longer available, Debutify will notify you by e-mail and your order will be automatically cancelled.
Debutify reserves its rights to refuse or cancel a subscription, including after the order confirmation, even if the subscription has been charged on your credit card. If your subscription has been cancelled after being charged on your credit card, you will receive the sum fully refunded by Debutify, according to the legal provisions and regulations and the terms and conditions of the hereby Agreement.
10. REFUND POLICY
Unless expressly set forth herein, the Subscription Fees are non-cancelable and non-refundable.
If you are not satisfied with your initial purchase of a service, you may terminate such service by providing Debutify a written notice, within 30 days of having first ordered such services (the “Refund Period”).
In the event that you terminate such initial purchase of a service, within the Refund Period, Debutify will refund you the subscription fees paid in respect of such terminated subscription, in the same currency Debutify was originally paid (the “Refund”).
The Refund is applicable only to the initial purchase of the service by you and does not apply to any additional purchases, upgrades, modification or renewals of such service. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees, such as wire transfer fees, and Debutify shall not be responsible for any differences caused by change of currency exchange rates or fees that you were charged by third parties. After the Refund Period, the Subscription Fees are non-refundable and non-cancellable.
To the extent permitted by law, if Debutify find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, Debutify reserves its right to reject your Refund request.
11. NON-REFUNDABLE SERVICES
Certain services such as monthly subscriptions are non-refundable. In such event you shall not be entitled, and Debutify shall not be under any obligation, to terminate the Service and give a refund.
12. GOVERNING LAW AND TERRITORY
The hereby web site and its server are both situated (located) in the province of Quebec, Canada. The hereby Agreement has to be interpreted according to the laws applicable in Quebec. The hereby Agreement is considered to be a distance sale contract subject to the laws in Quebec and the Canadian laws applicable in the province, without regard to the conflicts of laws principles thereof.
Some topics are included in the hereby Agreement in the order to facilitate the consultation and have no incidence on the interpretation of the Agreement. The hereby Agreement is interpreted by the dispositions in the Quebec Civil Code.
You cannot transfer your rights or/ and obligations in regard to the hereby Agreement without the written authorization (consent) of Debutify.
The parties are legally bound by the hereby Agreement and acknowledge their reciprocal rights and obligations.
The hereby Agreement is interpreted by the rules of the Quebec Civil Code. The clauses are interpreted in the light of other clauses in the hereby Agreement by giving the general meaning used in the hereby Agreement.
17. ENTIRE AGREEMENT
The hereby Agreement, the other Policies, the terms and conditions included by referral or by specific indications, constitute the entire (totality of the) Agreement between you and Debutify relative to the sale, the use of the website and the transactions on the web site. The hereby documents replace all previous agreements and conventions (electronic, verbal or written) concerning the hereby object and they can only be modified by following the rules of the Agreement.
18. NO WAIVER
Debutify’s failure or neglect to enforce any rights of the hereby Agreement is not deemed to be wavier of its rights. The failure of Debutify at any time to require performance of any provision or to resort to any remedy provided under the hereby Agreement shall in no way affect the right of Debutify to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach.
I hereby acknowledge that I have read and understood the terms and conditions as provided the entire Agreement.
Last update [2020-07-07]