Terms of service

(See recap & overview at the end)

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you have reached the age of majority in your province or territory of residence, or that you have reached the age of majority and have given your consent to allow any minor dependants under your responsibility to use the Services on devices you own, purchase or manage.

To use certain Services, including accessing our B2B online store or purchasing products or services, you will be asked to provide information such as your business email, business address and billing, payment and shipping information.

You represent and warrant that the information you provide is accurate, current and complete and that you have the necessary right or authority to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign or license your account to another entity or person.

SECTION 2 — OUR PRODUCTS

TOC Lunettes does not sell to individual consumers - only B2B clients.

We make reasonable efforts to display and describe our products and services accurately in our B2B online store. However, colours and product appearance may slightly vary depending on the viewing device, display settings and configuration used to access the store.

Product photographs and renderings are intended to provide a reasonable representation of the products offered. Minor variations in colour, finish, texture or appearance may occur, particularly in products made from natural, handcrafted or individually finished materials.

Product descriptions, availability and specifications may be updated from time to time. We reserve the right to discontinue products and, where permitted by law, limit quantities available, geographic region or jurisdiction.

SECTION 3 — ORDERS & DISCOUNTS

When you submit an order, we start logistics to purchase and/or import the products identified in your order.

Please review your order carefully before submitting it. Once an order has been accepted or entered into processing, we may not be able to accommodate cancellation or modification requests after a 30 minute window, subject always to any cancellation or other rights available to you under applicable law.

please contact: service@toclunettes.com

TOC Lunettes reserves the right, subject to applicable law, to accept or decline an order/item - as fulfillment stock, both local and international change constantly.

If we decline, modify or cancel an order, we will make reasonable efforts to notify you using the email address, billing information or telephone number supplied with the order.

Payment information must be in your client file before and order processed and before an order is fulfilled.

Unless otherwise expressly agreed, purchases made through our B2B online store are intended for resale without disclosure or infraction of our recommended MSRP guide.

*Orders are a Binding agreement to pay for goods at agreed terms - 30 days or terms agreed due to volume. 

Any issues with order received must be claimed within 72hrs from delivery date. 

5% discount on merchandise cost applies with direct payment to bank account within 72hrs from delivery date.

15% discount on full invoice applies when payment is done via direct deposit, prior when order is placed.

10% discount on full invoice applies when payment with Credit card is done when order is placed.

Any granted discounts loose validity and will be reversed if/when payment terms are not complied. 3% monthly late fees apply after 45 days.

Exchanges 3 for 1 - No refunds - No order cancellations - Any product return requires approval from TOC Lunettes (RA number) - arbitrary returns are not accepted. Warranty applies on manufacturing defect ONLY and are subject to manufacturer approval. 

SECTION 4 — PRICES AND BILLING

Prices

Prices, discounts and promotions may change with notice.

The wholesale price charged for a product or service will be the price displayed only to B2B customers once they have logged in, and applicable when the order is placed, subject to correction of obvious errors and applicable law. ( ex> if a product is mistakenly listed at 1$ or 0.1$ or any non-logical price for the goods in question)

Unless expressly stated otherwise, displayed prices for items different to EYEWEAR do not include applicable sales taxes for products as these currently vary per province or country.

* Optical Frames and Sunglasses sold by Opticians have no tax - shipping, handling, customs duties or import charges may vary outside of North America. These will be reflected on your regional price.

Prices offered through our B2B online store may differ depending on the Purchasing Country as local requirements (shipping, Duty, taxes) my apply and will be included in the Price for efficacy.

Retail prices available through independent retailers may vary depending on each retailer's strategy, yet they must reflect alignment recommended retail price advised to all customers.

Promotions may be governed by separate terms and conditions. If the specific terms of a promotion conflict with these Terms in relation to that promotion, the promotional terms will apply.

Billing

You agree to provide current, complete and accurate purchasing, payment and account information and to update such information as reasonably necessary to complete transactions or contact you regarding your order.

By providing payment information, you represent that you are authorized to use the selected payment method and authorize us and our payment service providers to process the applicable charges, including taxes, shipping and other disclosed charges.

Infraction of Payment terms:

TOC Lunettes trusts the good faith of our clients - Please note this agreement includes personal responsibility of the business owner(s) and signing officers. Negligence to resolve payment amicably after 120 days may result in extra costs, including and not limited to collector services, extra admin. costs and legal fees, which will be added to your account.

 

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SECTION 5 — SHIPPING AND DELIVERY

Delivery dates and transit times provided by TOC Lunettes are estimates unless expressly stated otherwise.

We are not responsible for delays caused by circumstances outside our reasonable control, including carrier disruptions, customs processing, severe weather, labour disruptions or other events beyond our control.

Risk of loss and ownership of products will pass in accordance with applicable law. Nothing in these Terms is intended to transfer risk to a consumer earlier than permitted by applicable law.

You have no-hassle import - Our International admin are responsible for applicable customs duties, import taxes and brokerage fees unless otherwise expressly stated at checkout (may be the case for delivery in continents outside America).

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including trademarks, trade names, logos, text, displays, images, graphics, photographs, product designs, videos, audio, website design and the selection and arrangement thereof, are owned by or licensed to TOC Lunettes and are protected by applicable Canadian and international intellectual property laws.

These Terms permit you to access and use the Services for lawful personal and non-commercial purposes.

Except as permitted by applicable law or with our prior written authorization, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material contained in the Services.

Nothing in these Terms grants you any licence or other right in any patent, trademark, copyright, industrial design or other intellectual property belonging to TOC Lunettes, Shopify or any third party except as expressly stated.

TOC Lunettes names, logos, product and service names, designs and slogans are trademarks or other intellectual property of TOC Lunettes or its affiliates or licensors, as applicable.

Shopify names, logos, product and service names, designs and slogans are trademarks of Shopify.

All other names, trademarks, logos and intellectual property appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, applications or services offered by third parties that we do not control or operate.

To the extent permitted by applicable law, access to such third-party tools may be provided on an “as available” basis.

Your use of third-party tools may also be governed by the terms and privacy practices of the applicable third-party provider. You should review those terms before using such tools.

We may introduce new features, tools or resources through the Services from time to time. Unless otherwise stated, such features form part of the Services and are subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites, resources or functionality provided or operated by third parties.

TOC Lunettes does not control third-party websites and is not responsible for their content, accuracy, availability, security, privacy practices or business practices.

If you access a third-party website, you should review its applicable terms, privacy policies and practices before entering into a transaction or providing personal information.

Questions, complaints or claims concerning products or services purchased directly from a third party should generally be directed to that third party.

Nothing in this section excludes liability that cannot lawfully be excluded under applicable law.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

TOC Lunettes is powered by Shopify, which provides technology that enables us to offer the Services.

However, purchases made from the TOC Lunettes store are transactions directly between you and TOC Lunettes.

Shopify is not the seller of TOC Lunettes products.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for the performance of TOC Lunettes' obligations as seller.

Nothing in this section limits any rights you may have against TOC Lunettes under applicable law.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy [LINK] and applicable privacy legislation.

Depending on the circumstances, this may include Québec's Act respecting the protection of personal information in the private sector and, where applicable, the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable Canadian privacy legislation.

Because the Services are hosted and supported by Shopify and other service providers, certain personal information may be processed by Shopify and other authorized third parties for purposes related to operating, securing, processing and improving the Services.

Personal information may, in certain circumstances, be processed or stored outside Québec or Canada and may therefore be subject to the laws of the jurisdiction in which it is processed.

Please review our Privacy Policy [LINK] for further information about how TOC Lunettes collects, uses, discloses, retains and protects personal information and how you may exercise applicable privacy rights.

SECTION 11 — FEEDBACK

If you voluntarily submit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant TOC Lunettes, to the extent permitted by applicable law, a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, distribute and display that Feedback for purposes related to our business and Services.

You represent that you have the rights necessary to provide such Feedback and that your Feedback does not infringe the rights of another person or violate applicable law.

Where required by law, you must disclose compensation or incentives received in connection with a review or other Feedback.

We may moderate or remove Feedback that we reasonably determine violates these Terms, applicable law or the rights of another person.

You remain responsible for Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Information appearing through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, transit times or availability.

Subject to applicable law, we may correct errors, inaccuracies or omissions and update information.

If an error affects an order you have already submitted, we will address the matter in accordance with applicable law and, where appropriate, contact you before proceeding.

Nothing in this section limits rights available to consumers under applicable consumer protection legislation.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

(a) engage in unlawful, fraudulent or malicious activity;

(b) violate applicable federal, provincial/state, territorial, municipal or international laws;

(c) infringe our intellectual property rights or those of another person;

(d) harass, threaten, abuse, defame or unlawfully harm another person;

(e) knowingly transmit materially false or misleading information;

(f) distribute unauthorized advertising, spam or similar solicitations;

(g) impersonate another person or entity;

(h) introduce viruses, malicious code or other harmful technologies;

(i) improperly collect or track personal information;

(j) circumvent security or authorization features; or

(k) materially interfere with the operation, integrity or security of the Services.

You may not use automated systems, scraping technologies, robots, spiders or autonomous software agents to access or extract information from the Services in violation of these Terms, applicable law, or technical restrictions communicated by us.

We may suspend or terminate access where we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 — AUTOMATED AGENTS

This section applies where software or a service acting autonomously or semi-autonomously on behalf of a person or organization (“Agent”) accesses or interacts with the Services.

Agents must comply with applicable law, these Terms and any reasonable technical requirements communicated through the Services.

An Agent must not misrepresent itself as a human where doing so would be deceptive or circumvent technical measures designed to distinguish automated access from human access.

Agents must not circumvent CAPTCHAs, security systems, access restrictions or technical measures intended to control automated access.

We may reasonably restrict or prevent automated access where necessary to protect the security, integrity, availability or lawful operation of the Services.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services where permitted by applicable law, including where these Terms have been materially violated, fraudulent or unlawful activity is suspected, or continued access presents a security or operational risk.

Any amounts lawfully owing before termination remain payable.

Provisions that by their nature are intended to survive termination—including provisions concerning intellectual property, privacy, liability, indemnification and governing law—will continue to apply to the extent permitted by law.

SECTION 16 — WARRANTIES AND CONSUMER RIGHTS

Information made available through the Services is provided for general informational purposes.

While we make reasonable efforts to maintain accurate and current information, we do not warrant that all information will always be complete, current or error-free.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR WARRANTIES OR CONDITIONS EXPRESSLY PROVIDED BY TOC LUNETTES OR IMPOSED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY LEGAL WARRANTY, STATUTORY CONDITION, CONSUMER GUARANTEE OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOC LUNETTES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Nothing in these Terms excludes or limits liability for which exclusion or limitation is prohibited by applicable law.

Nothing in this section limits any statutory right, legal warranty, consumer remedy or other protection available under applicable Canadian, provincial or territorial law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless TOC Lunettes and its affiliates, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, liabilities and reasonable legal costs arising directly from:

(a) your material breach of these Terms;

(b) your violation of applicable law or the rights of another person; or

(c) your unlawful or unauthorized use of the Services.

This indemnification obligation does not apply to the extent a claim results from the negligence, misconduct or breach of legal obligation of TOC Lunettes or another indemnified party.

Nothing in this section limits rights or protections that cannot lawfully be waived by a consumer.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where legally possible.

If it cannot be made enforceable, the affected portion will be severed, and the remaining provisions will continue in effect to the extent permitted by law.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Failure by TOC Lunettes to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and terms expressly incorporated by reference, constitute the agreement between you and TOC Lunettes concerning your use of the Services, subject to rights and obligations imposed by applicable law.

Nothing in these Terms excludes representations, warranties, rights or remedies that cannot legally be excluded.

Where applicable consumer protection legislation requires that an ambiguity be interpreted in favour of the consumer, that legislation will prevail.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your contractual rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by law.

TOC Lunettes may assign or transfer its rights and obligations in connection with a sale, restructuring or transfer of its business or assets, subject to applicable law and without reducing any mandatory rights available to consumers.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms and your use of the Services are governed by the laws applicable in the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles that would require the application of another jurisdiction's laws.

Subject to any mandatory rights available to consumers under applicable law, disputes relating to these Terms or the Services will be submitted to the courts of competent jurisdiction in the Province of Québec.

For consumers, nothing in this section limits any right to bring a proceeding in another jurisdiction where such a right is provided by mandatory consumer protection legislation.

SECTION 23 — LANGUAGE

TOC Lunettes makes these Terms available in French and English in accordance with applicable Québec language legislation.

Where applicable law gives a consumer or adhering party the right to receive or examine a French version of these Terms before choosing to contract in another language, TOC Lunettes will provide that French version in accordance with the requirements of applicable law.

Nothing in these Terms is intended to limit rights relating to the French language provided under the Charter of the French language or other applicable Québec legislation.

SECTION 24 — HEADINGS

Headings are included for convenience and readability only and do not affect the interpretation of these Terms.

SECTION 25 — CHANGES TO THESE TERMS

You may review the current version of these Terms on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices or applicable law.

Where required by law, we will provide notice of material changes in the manner and within the time required by applicable legislation.

Changes will take effect on the date specified in the applicable notice or, where no notice is legally required, when the updated Terms are posted.

Nothing in this section permits TOC Lunettes to unilaterally amend a consumer contract where such amendment would be prohibited by applicable law.

SECTION 26 — CONTACT INFORMATION

Questions concerning these Terms may be sent to:

TOC Lunettes

Email: service@toclunettes.com

Mailing address — Canada

680 Av. Victoria
Suite 135
St-Lambert, Québec J4P 3S1
Canada

Québec Enterprise Number (NEQ): 1166105370

Mailing address - USA

880 State route 11 UNIT 1042, Champlain NY 12919

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OVERVIEW & RECAP

Welcome to TOC Lunettes. The terms “we,” “us” and “our” refer to TOC Lunettes.

TOC Lunettes operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). TOC Lunettes is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully, as they contain important information concerning your legal rights and obligations, including provisions relating to warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

Nothing in these Terms is intended to exclude, restrict or modify any right or remedy available to you under applicable Canadian or provincial consumer protection legislation where such right or remedy cannot lawfully be excluded, restricted or modified.