Introduction

Welcome to the G2MC Websites and e-commerce Services.  We are delighted that you have chosen to shop with us. G2MC (the company that owns the website you are visiting) takes your privacy and security of Personal Information very seriously. We have provided and will continue to provide a secure environment and this strict Privacy Policy (the “Policy”) that describes the limited ways your information is used and the limited access to such information.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection and use of your Personal Information. You can find the details in the rest of the Policy.

Personal Information we collect from you

Contact information, such as your email address and phone number
Account information – your email address
Billing information such as your credit card information
Delivery information – your address

What we do with it

Communicate with you
Manage your account
Process the payments for your purchases
Deliver the products you purchased

Third parties we share it with

Companies who provide our communications services, such as Zendesk
Companies that provided the infrastructure for our websites
Payment processing companies such as PayPal
Delivery services such as Canada Post

Definitions

This Policy covers several different Websites and situations, so please refer to the following definitions for clarification:

“G2MC” refers G2MC Inc., a duly incorporated company in the Province of Quebec, Canada.  Where the present Policy refers to “G2MC”, it may refer to G2MC and / or its affiliates, subsidiaries, employees, officers, directors, subcontractors, agents, partners or representatives, depending on the context.  Any reference to “we”, “our”, or “us” in this Policy shall also refer to G2MC Inc.

“Products” refers to the various products for your home you can purchase through the Services on a Website.

“Services” are the e-commerce software services that G2MC has developed and / or licensed that allow you to purchase Products on the Websites, and related functionalities.  The Services may vary depending on which Website is being accessed; however, the present Policy covers any and all of the Services.

“Users” refers to anyone using any of the Websites or Services. In this Policy, a Website visitor or Services User may also be referred to as “you”.  When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.

“Websites” refers to all of the Websites which are owned and operated by G2MC, and includes all their respective subdomains, present and future. The present Policy covers your visiting or use of any and all of the Websites. The Websites are currently limited to the following:

•       “Home Société” located at the URL https://homesociete.ca/
•       “Jardin de Ville” located at the URL https://www.jardindeville.com/
•       “La Galerie du Meuble” located at the URL https://www.lagaleriedumeuble.com/
•       “Maison Corbeil” located at the URL https://maisoncorbeil.com/
•       “MUST” located at the URL http://mustmaison.com/

Additional definitions shall be made throughout this Policy, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Terms of Use, and will have the same meaning in this Policy as they do there. The definitions found in this Policy shall also apply to the Terms of Use.

Acceptance and Modifications

By visiting any of the Websites and / or using any of the Services (including but not limited to purchasing a Product), by clicking or tapping the acceptance button upon purchasing a Product or signing up for an account, or by registering for an account, you agree to be bound by the terms of the Policy. By submitting Personal Information to us on a Website, through the Services or via other means, you consent to G2MC’s collection, use and disclosure of such Personal Information (as that term is defined hereinbelow) in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Website or Services, and if you are making an order, you should not proceed with your order.

G2MC reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of a Website or the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice on the Websites.

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Websites and Services.

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information G2MC holds about you, please contact:

G2MC Privacy Officer
[email protected]

or:

G2MC Privacy Officer
1215 boul. Crémazie ouest
Montréal, Québec
H4N 2W1

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally-identifiable information, i.e. any information that identifies an individual, or can be used in conjunction with other information to identify an individual (“Personal Information”) and other information gathered by G2MC when you are visiting a Website and / or using the Services. This Policy also covers G2MC’s treatment of any Personal Information that G2MC may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether Personal or not) by third parties that G2MC does not own or control, including but not limited to any third-party websites or services that you elect to access through the Websites or via a link from the Websites (“Third-Party Websites”), or to individuals that G2MC does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Websites you access. We have named and provided links to the most important of these Third-Party Websites elsewhere in this Policy.

Finally, this Policy does not cover any Personal Information you send to G2MC via any non-secured, non-encrypted mode of communications such as email, instant messenger or other messaging service, or Twitter or any other social media, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to G2MC via these methods.

No Collection of Personal Information as a Matter of Course

G2MC does not, as a matter of course, gather any of your Personal Information while you visit the Websites or are using the Services, unless you are asked to provide such information, for example by signing up for an account or making a purchase of Products. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.

Personal Information Collected and Its Uses

The following is an exhaustive list of Personal Information collected from you when you visit the Websites use the Services and what we use it for. You acknowledge and agree that you are submitting this Personal Information with your informed consent.

– “Contact Information If you fill out a contact form on a Website, you will be asked for the following Personal Information: your first and last names, and email address. You may also furnish additional optional Personal Information. We only use this Contact Information to respond to your inquiry. You may also be submitting your email address in our live chat window. This information is only used to follow up with you after the chat session is over if necessary.

– “Employment application information’’. If you apply for a job using an online form, you will be asked for the following Personal Information: your first and last names, email address, and any Personal Information that may be contained in your C.V. We use this information only for the purpose of evaluating your candidacy for the job and to communicate with you.

– “Account Information”. As specified in the Terms of Use, Users of the certain of the Services will be required to create an account and enter the following Personal Information in order to use those functions of the Services requiring an account: first name, last name, and email address. This Account Information is used to manage your account, to verify your credentials for logging-in to the Services to use those functions available only to account holders, to communicate with you information about your account, and to communicate with you information about the Services.

– “Billing Information”. As a Purchaser, you will be required to enter the following information in order to complete your payment: your name, email, billing address, credit card number, credit card expiry date, name on the credit card, and security (CVC) number. In addition, as a Purchaser you will be required to enter Contact Information (email address and phone number). This information is only used to process the credit card transaction for your purchase of Products, to send you confirmation about your purchase, to communicate with you about your purchase if necessary, and to facilitate repeat payments. For more details on the treatment of your Billing Information, please see the Secured Payments section further below in this Policy.

– “Delivery Information”. As a Purchaser, you will also be required to enter your delivery address, if different from your billing address. This Delivery Information is used to deliver your Product(s) purchased.

In addition to the functions and uses just described, G2MC may also use your Personal Information you have submitted in order to:

– Conduct user surveys, and research and analysis about your use of, or interest in, our Products and the Services;

– Communicate with you about G2MC Products and the Services. For more information about your use of your email address, please refer to the “Email Communications” section further in this Policy;

– Perform general User and Purchaser support; and

– Perform any functions as otherwise explicitly described to you at the time of your submission of your Personal Information.

Security of Information

G2MC uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, G2MC uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Websites and Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, G2MC uses OVH and Écritel, recognized leaders in secure data, for hosting of the Websites and Services, and storage of User data including Personal Information. Please note that these third parties may not be located in your home jurisdiction – please see the “Transfer of Personal Information Outside Your Home Jurisdiction” section further in this Policy for more information.

Finally, all information, including Personal Information, is transferred with encryption using Secure Sockets Layer (“SSL”), a robust security standard for Internet data transfer and transactions. You can use your browser to check the valid SSL security certificate of any of the Websites.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraph and specified in the next three sections of this Policy, G2MC does not divulge any Personal Information gathered via the Websites or Services to third parties. Moreover, G2MC does not sell, rent, trade or license any Personal Information regarding its Websites’ visitors or Users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of G2MC are responsible for the management and development of the Websites and Services, and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy, and are under contractual obligations of non-disclosure.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Websites or Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Websites or Services infrastructure or the Websites or Services generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with G2MC (in which case we will require such entities to honour this Policy); (5) if G2MC merges with another entity, is subject to a corporate reorganization, or sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Transfer of Personal Information to Third-Party Services

G2MC uses certain “Third-Party Services” in order to augment the functionalities of the Websites and Services. When you submit Personal Information to us for the use of these functionalities you acknowledge and agree to the transfer of Personal Information to these Third-Party Services. The Third-Party Services used and the information sent to them and the purposes for their use are:

– Where you have chosen to log in to certain functions of the Services using your Facebook, Google+, or other social media account (“Social Media Service”), or choose to share Website or Services content through any Social Media Service such as Pinterest, we may transfer Personal Information to the Social Media Service in the form of your login credentials if you are not already logged-in to the Social Media Service on the computer or device being used. Your Personal Information is transferred securely and only used in order to log in so you can use that function of the Services or share content.

– G2MC uses Zendesk for live chat services. Your name and email address are transferred to Zendesk in order for the chat to function, and to follow up with you after the chat session is over if necessary.

– G2MC uses Google Maps and other mapping and address services to help pinpoint your address when using the Services but no Personal Information is sent to these Third-Party Services, with the exception of your location, to the extent this is considered Personal Information.

– As described in the Terms of Use, G2MC uses certain Third-Party Delivery Services (Canada Post and FedEx) to deliver purchased Product(s). Your Delivery Information is transferred to these Third-Party Delivery Services, via third-party ShipStation. ShipStation only uses this Delivery Information in order to facilitate the delivery of your purchased Product(s).

– G2MC uses Meublex to manage our inventory and manage other aspects of the Services, including information about the Purchasers and the contracts signed with us. Your name and address will be visible to Meublex, but will only be used to the extent needed to manage the e-commerce contract with you.

Email Communications and Compliance with Anti-Spam Laws

G2MC currently uses MailChimp to send out and manage our newsletter. Contact Information is transferred to MailChimp in order for our email communications to function properly. Your Contact Information is only used for the proper sending out of the newsletter; MailChimp does not use this Personal Information for any other purpose and will not transfer or sell your Personal Information to any other third party. You may unsubscribe from receiving commercial or promotional emails from us at any time by following the link at the bottom of any email sent to you.

Other types of emails, such as transactional, relational, and other emails related to the Services and your purchases will not have an opt-out option as they are necessary for the use of the Services.

G2MC’s practices in regards to its email are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law (S.C. 2010, c. 23). If you believe you have received email in violation of these laws, please contact us using the contact information further up in this Policy.

Secured Payments

G2MC currently uses the “Third-Party Payment Processors” Stripe and PayPal for processing of secured payments for purchases of Products. When you make a payment through the Services, your Billing Information is transferred securely via SSL from the Services to the Third-Party Payment Processor being used. No Billing Information is ever stored on servers controlled by G2MC. The Third-Party Payment Processors have our permission to store, on behalf of G2MC, the data pertaining to the executed transactions by Purchasers (including all Billing Information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Purchasers, and for follow-up as needed. This data may be used for validation and registration purposes of Purchasers, and to trace any fraudulent activities if necessary.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

G2MC may automatically collect certain information using third-party analytics programs such as Optimizely and Google Analytics to help us understand how our Users use the Websites and Services, but none of this information identifies you personally. For example, each time you visit the Websites or use the Services, we automatically collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors and Services Users in the aggregate. G2MC also makes use of information gathered for statistical purposes to keep track of the number of visits to the Websites, the specific pages on the Websites, and Users with a view to introducing improvements to the Websites and Services.

G2MC also uses Hotjar to track Users, how they use the Websites and Services, to improve the Websites and Services, and to diagnose technical problems. Hotjar uses cookies and other technologies to collect data on our Users’ behavior and their devices; in particular your device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our Websites. Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual User. You can find out more information about the use of Hotjar at this link. You can opt out of our use of Hotjar for you at this link.

Your IP address and other relevant information we collect using these programs may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Aggregated Information

In addition to the information collected by the analytics programs as described in the previous section, we may also generate, use and disclose aggregated and / or anonymized information and statistics about the Services and Services Users for marketing and strategic purposes. However, no User of our Services will be individually identifiable from these aggregated and / or anonymized information and statistics.

Tracking Technology (“Cookies”) and Related Technologies

G2MC uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Websites and by visiting a Website or using the Services you agree to their use. Cookies are small text files placed on your computer or device when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Websites use “session cookies,” which improve your user experience by storing certain information from your current visit on your computer or device while you are a Logged-in User or making a purchase of Products.

Specifically, we use cookies for the following functions:

• to facilitate your signing-in to the Services;
• to facilitate the payment processing when you purchase Products;
• to keep track of your preferences while using the Services;
• to provide general internal and User analytics and to conduct research to improve the content of the Websites and Services using analytics programs as described above in this Policy;
• to facilitate online chat services;
• to facilitate advertising as described in the next section of this Policy; and
• to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience on the Services by requiring you to re-enter certain information, including information required to use the Services. Furthermore, deleting cookies may prevent certain functions from working at all. G2MC and its Representatives shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Advertising and Opting Out

G2MC currently uses Google AdWords and Display Network and by using our Services you consent to this use. Specifically, G2MC uses the remarketing features of interest-based advertising of Google AdWords that delivers you advertisements that will be of particular interest to you, based on your browsing and activity history at our websites. These advertisements will appear on third-party websites around the web. Google uses specific cookies to allow them to serve these ads around the web.

You may prevent this type of advertising by deleting the appropriate Google cookie through your browser, though this may not be permanent. For a more permanent solution, you may opt out of such Google advertising by following Google’s instructions.

G2MC also advertises using Facebook Custom Audience, to display advertisements to you on Facebook that will be of interest to you, and by visiting the Websites or using the Services you consent to this use. Facebook may collect or receive information from our Websites and other websites and use that information to provide measurement services and targeted ads. If you do not want to receive such Facebook advertisements, please contact us by email at [email protected].

Verification, Correction and Deletion of Personal Information

You have the right to: (i) verify what Personal Information G2MC holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) to withdraw your consent to the use by G2MC of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information G2MC holds about you, or if you wish to have all your Personal Information permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Services, or certain portions thereof, and G2MC and its Representatives accepts no responsibility for any damages, pecuniary or otherwise, resulting therefrom. If you request deletion of your Personal Information, G2MC reserves the right to retain some of your Personal Information for a reasonable time in order to satisfy our legal obligations or under a legal procedure of any sort.

Transfer of Personal Information Outside Your Home Jurisdiction

Users may access the Websites from any country in the world, though in certain countries the functionalities of the Services may be limited. G2MC and its third-party vendors, including service providers and hosting partners, are located in the United States and Canada. You acknowledge that G2MC and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries.

Risks Associated with the Internet and Wireless Data Transmission

Despite G2MC’s best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Services or visiting the Websites, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via digital wireless technology of any type. Communication via the Internet or wireless data transmission is subject to interception, loss, or alteration. You acknowledge and agree that G2MC and its Representatives cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information in this manner and that such communications are at your own risk.

Compliance with Privacy Laws

This Policy and G2MC’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

© G2MC 2019

1. Welcome; Acceptance and Modifications; Contacting Us

Welcome to the G2MC Websites and e-commerce Services.  We are delighted that you have chosen to shop with us.

By visiting any of the Websites and / or using the Services (including but not limited to purchasing a Product), by clicking or tapping the acceptance button upon purchasing a Product or signing up for an account, or by registering for an account, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions.  If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or Services, and if you are making an order, you should not proceed with your order. The TOU are a legal and binding agreement between you and us.

G2MC reserves the right, at any time and without prior notice, to modify or replace any of the TOU.  Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes.  Your use of a Website or the Services following the posting of any changes to the TOU constitutes acceptance of those changes.  If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice on the Websites.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Websites and Services.

If you have any questions about the TOU, please contact:

G2MC Legal
[email protected]

or:

G2MC Legal
1215 boul. Crémazie ouest
Montréal, Québec
H4N 2W1

2. Definitions

These TOU cover several different Websites and situations, so please refer to the following definitions for clarification:

“G2MC” refers G2MC Inc., a duly incorporated company in the Province of Quebec, Canada.  Where the present TOU refer to “G2MC”, they may refer to G2MC and / or its affiliates, subsidiaries, employees, officers, directors, subcontractors, agents, partners or representatives, depending on the context.  Any reference to “we”, “our”, or “us” in these TOU shall also refer to G2MC Inc.

“Products” refers to the various products for your home you can purchase through the Services on a Website.

“Services” are the e-commerce software services that G2MC has developed and / or licensed that allow you to purchase Products on the Websites, and related functionalities.  The Services may vary depending on which Website is being accessed; however, the present TOU cover any and all of the Services.

“Users” refers to anyone using any of the Websites or Services. In these TOU, a Website visitor or Services User may also be referred to as “you”.  When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.

“Websites” refers to all of the Websites which are owned and operated by G2MC, and includes all their respective subdomains, present and future. The present TOU cover your visiting or use of any and all of the Websites. The Websites are currently limited to the following:

•       “Home Société” located at the URL https://homesociete.ca/
•       “Jardin de Ville” located at the URL https://www.jardindeville.com/
•       “La Galerie du Meuble” located at the URL https://www.lagaleriedumeuble.com/
•       “Maison Corbeil” located at the URL https://maisoncorbeil.com/
•       “MUST” located at the URL http://mustmaison.com/

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there.  The definitions found in these TOU shall also apply to the Privacy Policy.

3.  General Code of Conduct for Use of the Websites and Services

By visiting any of the Websites and / or using any of the Services, you agree to:

(i)   Not use the Websites or Services in any manner that in any way violates these TOU or any other applicable policy posted on any of the Websites by G2MC;

(ii) Not use the Websites or Services in any manner that violates any intellectual property rights of G2MC or any third party;

(iii) Not use the Websites or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;

(iv) Not use the Websites or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to G2MC or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of G2MC, other Users, or any other third party;

(v) Not: (1) take any action that imposes or may impose (as determined by G2MC in its sole discretion) an unreasonable or disproportionately large load on G2MC’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Websites or Services or any activities conducted through the Services; (3) bypass any measures G2MC may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Websites or Services; or (5) harvest or scrape any content from the Websites or Services in an unreasonable manner;

(vi) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Websites or Services;

(vii)  Not use the Websites or Services to advertise or promote products or services that are not expressly approved in advance in writing by G2MC, or as permitted by these TOU;

(viii) Not use the Websites or Services to in any way collect information (whether Personal or not) of any third party or in violation of G2MC’s Privacy Policy;

(ix) Not interfere with any third party’s use or enjoyment of the Websites or Services;

(x) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;

(xi) Not attempt to do any of the foregoing prohibitions;

(xii)  Use the Websites and Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

4.  Accounts, Passwords and Logged-in User

a.  Accounts and Passwords

In order to use certain aspects and functions of the Services, you may be required to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.

As part of the account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You may also be assigned a password. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.

If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. G2MC, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

G2MC reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.

b. Age Requirements

You must be 18 years of age or the age of majority in your province, state, territory or country, to have an account or to use the Services to purchase Products. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these TOU.

c. Account Information

The information required to create a User account is the following: first name, last name, and email address. This information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”.

By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.

5. Products, Pricing, Taxes and Payment

a. Products for Sale through the Services

We have done our best to display as accurately as possible the colours of the Products shown on the Websites. However, because the colours you see will depend on your monitor or display, we cannot guarantee that your display of any Product colour will be accurate. While the Websites attempt to be accurate in its product descriptions, G2MC does not represent or warrant that Product descriptions or other content on the Websites is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your sole remedy is to return it in accordance with G2MC ‘s Return Policy.

The purchase of Products on the Websites is subject to availability. In the event that G2MC advises you that any products are no longer available, G2MC will have no obligation to fulfill your order and you will have no obligation to pay G2MC for the order.

b. Pricing and Payments

Prices displayed through the Services are firm and in Canadian dollars, which may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).

By confirming your purchase at the end of the checkout process by clicking the Place Order button, you agree to pay G2MC the amount set out as the Total in the Order Summary section of the checkout process. The Total is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and all applicable taxes.

While we strive for accuracy in the pricing displayed on the Websites and the other product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, G2MC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. G2MC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser’s credit card or PayPal account charged. If the Purchaser has already been charged for the purchase and the order is cancelled, G2MC shall issue a credit to the credit card or PayPal account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees).

If you have a valid promotional code, it shall be applied and displayed during the checkout process once you enter the code. In the event that an incorrect discount is applied, G2MC reserves the right to refuse or cancel any orders listed at an incorrect discount. G2MC reserves the right to refuse or cancel any such orders whether or not the purchase has been confirmed and the Purchaser’s credit card charged.

Please note that G2MC gift certificates are not accepted for payment through the Services; they are only accepted in our retail locations.

c. Billing Information and Payment Processing

In order to make a purchase of Products through the Services, you will be required to enter the credit card holder name, credit card number, credit card expiry date, card security code (CVV), and billing address if different from your delivery address. This may be referred to in these TOU or the Privacy Policy as “Billing Information”. Your Billing Information must match the information associated with your credit card or PayPal account (as applicable) for the payment to be processed. In addition to the Billing Information, you must provide a telephone number and email address so that we can communicate with you about your order.

All payments for Products made through the Services are processed using a secure https:// connection, and payment processing is handled through “Third-Party Payment Processors”, currently Stripe and PayPal, though these are subject to change without notice. The Third-Party Payment Processors currently accept certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options (as well as your PayPal account) but these are subject to change without notice. Once transactions are accepted by a Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. G2MC and the Third-Party Payment Processors are unaffiliated companies and G2MC has no influence on the operations of the Payment Processors. G2MC and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processors.

All Billing Information is collected by the Third-Party Payment Processors, on their own secured servers. G2MC does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processors. Non-financial information will, however, be available to G2MC for shipping and data-keeping purposes.

d. Shipping and Delivery

Delivery of Products is only available to certain provinces and locations, as will be displayed to you upon checkout. Depending on the circumstances and the method chosen, delivery may be made by third-party delivery services Canada Post and FedEx (the “Third-Party Delivery Services”). G2MC shall in no way be held responsible for any damages resulting from any error or failure on the part of Third-Party Delivery Services. Risk of loss, damage or destruction shall pass to Purchaser upon delivery, except as provided for in the next section of these TOU.

Details of shipping and delivery can be found in G2MC’s Shipping and Delivery Policy, which is incorporated by reference into these TOU.

6. Policies and Warranties for Purchase of Products Online

a. Return and Exchange Policy

G2MC is committed to your full customer satisfaction. If your purchase of Products does not meet your expectations, if the Product is defective or damaged, we will be pleased to accept return of your Product or exchange it, if it meets the following conditions:

(i) The Product is returned within 7 working days following delivery or pickup;

(ii) The Product is in its original state, unused, not modified and not washed; and

(iii) The Product is in its original packaging with all its labels still attached.

To begin the return process, please contact customer service within three working days of delivery of your Products so that we may assist you. Please note that we may ask you for pictures of the Product(s) you wish to return.

The following Products may not be returned or exchanged: made-to-measure or customized Products, Products marked as “final sale”, mattresses, duvets, bedding, pillows and cushions. Returns and exchanges shall also not be possible on Products removed from their original packaging or that were accepted “as is” following installation by one of our experts or at pickup at our warehouse.

G2MC reserves the right to refuse any return or exchange which do not conform to this section of the TOU. When you return a Product, your refund will be issued according to the next section of these TOU.

b. Refunds

All refunds will be issued within seven working days following our receipt of the returned Product. Your refund will be issued to the same credit card or other payment method used to make the purchase, less the delivery fees (where applicable).

If your Product is defective, the cost of returning the Product will be borne by G2MC. If the defective Product is not replaceable and was the only Product of your original order, G2MC will refund your delivery fees of the original order.

You will be notified by email when the refund has been processed. Please note your financial institution may require additional processing time to credit your account.

c. Cancellation

You may cancel your order of Product(s) if the order has not yet been shipped. If you wish to cancel your order, please contact customer service to confirm the cancellation of your order, prior to receiving our email that your order has been shipped.

d. Warranty

Products are covered for one year by a manufacturer’s warranty covering manufacturing defects. The warranty shall only apply for normal household use of the Product and shall not cover any defects resulting from negligence, any incident causing damage, abnormal use or commercial use.

The warranty is non-transferable if you resell the Product. The original receipt of purchase shall be required for any claim made under the warranty.

7.  Proprietary Rights and User Content Rights

a. Intellectual Property Rights

You acknowledge that: (a) the Services and Websites contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) G2MC and/or third parties (via license) own all right, title and interest in and to the Services and Websites and content that may be presented or accessed through the Services and Websites, including without limitation all Intellectual Property Rights therein and thereto.  All rights not specifically granted under these TOU are reserved to G2MC and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Websites or Services, or content that may be presented or accessed through the Websites or Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Websites or Services; or (iii) remove, obscure, or alter G2MC’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Websites or Services.

The content, arrangement and layout of the Websites and Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to G2MC, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of G2MC, or as permitted by the functionality of the Services or these TOU.  Any unauthorized use of the content, arrangement or layout of the Websites or Services, Computer Code, images, logos, videos, audio or trademarks found in the Websites or Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and G2MC may take action accordingly.

The above paragraph further applies to third party property used as part of the Services or Websites, including but not limited to third party Computer Code.  For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Submitted Information

If you choose to communicate to G2MC (via any means) suggestions for improvements to any of the Websites or Services or G2MC’s Products or business generally (collectively, “Feedback”), G2MC shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction.  You hereby irrevocably assign all right, title and interest in and to the Feedback to G2MC and waive in favor of G2MC, its successors and assigns all your moral rights in the Feedback, and agree to provide G2MC such assistance as G2MC may require to document, perfect, and maintain G2MC’s rights to the Feedback.  You acknowledge and agree that, by providing any Feedback to G2MC, you are not entitled to any compensation or reimbursement of any kind from G2MC under any circumstances.

c. User Content

As a User, you may use the Services to create and submit text, including but not limited to Product reviews, which may be visible to other Website visitors, Users or third parties in various ways. You may also, depending on the Website, upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Services. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by the G2MC policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

(i)     User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize G2MC to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;

(ii)   You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to G2MC, you hereby grant G2MC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Websites and Services and / or G2MC’s (and its successors’ and affiliates’) business or activities, including without limitation for promoting and redistributing part or all of the Websites or Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that G2MC may retain, but not display or distribute, server copies of User Content that have been removed or deleted;

(iii)  You also hereby waive any moral rights you may have in your User Content and grant other visitors or Users of the Websites or Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOU;

(iv)  The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;

(v)   You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam;

(vi)  You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.

Where you are accessing or downloading User Content of a User, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and G2MC disclaims any responsibility in this regard.

If you as a Website visitor or Services User believe that a User has posted User Content that violates these TOU, please contact us at [email protected] so that we may conduct an inquiry. G2MC retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

Depending on the Website, User Content may or may not be edited, curated or otherwise modified or checked by G2MC prior to posting. G2MC reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy.

G2MC and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard.

8.  Interruption of Service

From time to time, any of the Websites, or the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Websites or Services.  While we will endeavour to make this unavailability as brief as possible, G2MC and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Websites or Services, and disclaims any responsibility thereto.

9.  Suspension or Termination of your Account; Termination of the Services and the TOU

You agree that G2MC, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise suspend or terminate your access to or use of the Websites and / or Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if G2MC believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

G2MC may also, in their sole discretion and at any time, discontinue providing any of the Websites and / or Services, or any portion thereof, with or without notice.  You agree that G2MC shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Websites or Services, or from G2MC’s termination of the Website(s) and / or Services or any part thereof.

Termination of the Websites and / or Services or your access to the Websites and / or Services shall terminate the present TOU as between you and G2MC.  All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

10.  External Links

a. General External Links

From time to time G2MC may provide links to other websites or services. Links from the Websites or Services may take you to websites or services not covered by these TOU.  When you access third-party resources on the Internet in this manner, you do so at your own risk. G2MC provides those links as a convenience to you and G2MC takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services.  We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. G2MC does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.

In no way will G2MC or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Websites or Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

b. Use of Google Maps

The Websites and Services make use of the Google Maps Platform, and when you use the Websites or Services Google Maps may be opened from a link on a Website. Your use of Google Maps on a Website or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy, which we encourage you to read.

11.  Disclaimer of Warranties

You expressly understand and agree that your use of the Websites or Services, the information or material thereon (whether provided by G2MC or third parties) or any activity arising from your use of the Websites or Services or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk.  The Websites and Services, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Websites or Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Websites or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Websites or Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.

The information or resources provided on the Websites or through the Services, written or produced by G2MC staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible.  However, certain information may change, and errors or omissions may occur, and G2MC and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Websites or Services.

Except as provided for in the warranties for Products, G2MC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Websites or Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose.  G2MC and its Representatives do not warrant that: (i) the Websites and Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and device environments; or (v) the results of using the Websites or Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.

12.  Limitation of Liability

G2MC shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Websites or Services or downloaded therefrom, the use of the Websites or Services, activities arising from your use of the Services (including but not limited to your use of a purchased Product), or any third-party materials on the Websites or available through the Services.

To the maximum extent permitted by law, in no event will G2MC or it Representatives: be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Websites or Services or your use, misuse or inability to use the Websites or Services, even if G2MC has been advised of the possibility of such damages.  This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

13.  Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by G2MC or its Representatives, you agree to indemnify, defend and hold harmless G2MC and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Websites or Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your use of a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

14.  Governing Laws and Jurisdiction

These TOU, and your use of the Websites and Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the Federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, G2MC’s practises with respect to the purchase of Products online are designed to be in conformity with Quebec’s Consumer Protection Act (R.S.Q. c. P-40.1), and its related regulations.

You agree that any legal action or proceeding between you and G2MC shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, G2MC shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

15.  Miscellaneous Provisions

(i) The TOU, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and G2MC with respect to your use of the Websites and Services, superseding any prior agreements between you and G2MC, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Websites or Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these TOU.

(ii) G2MC shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond G2MC’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.

(iii) If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.

(iv) The failure of G2MC to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to G2MC.

(v) The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

(vi) The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language.  Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.

© G2MC 2019