Terms & Condition

1. Terms and Conditions

You must read and accept the present Terms and Conditionsbefore you can use the STYLUX^TM Web Site or any STYLUX^TM services. By accessing and continuing to use the STYLUX^TM Web Site, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the STYLUX^TM Web Site.

STYLUX^TM may need to modify these Terms and Conditions from time to time to adapt to changing technologies, laws and/or regulations. STYLUX^TM may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but STYLUX^TM will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the STYLUX^TM Web Site.

1.1. Eligibility Criteria of the STYLUX^TM WEB SITE

The services offered through the STYLUX^TM Web Site are available only to persons who have the legal capacity to contract. Among others, without limiting the generality of the foregoing, our services are available only to persons aged eighteen (18) and over. If you are under the age of eighteen (18), you can use the STYLUX^TM Web Site only with the permission and under the supervision of your parents or legal guardian. STYLUX^TM also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.

2. Account Creation, Maintenance, Modification, and Cancellation

2.1. Account Creation

You can create an account by filling in the form provided on the STYLUX^TM Web Site. Fees associated with our services can also be found on our Web Site.

2.2. Accurate Information

You agree to maintain accurate information in your Client Area profile while you are using STYLUX^TM services. This includes your full name, current address, phone number and working email address. You agree to update your information in your Client Area within ten (10) business days when the information you provided as part of the application and/or registration process changes.

You agree that STYLUX^TM may use and rely on any such information provided by you for all purposes in connection with your services, according to STYLUX^TM Privacy Policy. Should you provide any information that is inaccurate, misleading or incomplete, or if STYLUX^TM has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, STYLUX^TM has the right, in its sole discretion, to suspend or terminate its services and close your account.

2.3. Account Maintenance and Security

You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account. You agree that you are fully responsible for maintaining the confidentiality of your customer number and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify STYLUX^TM immediately of any unauthorized use of your account or of any other breach of security. You agree STYLUX^TM will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by STYLUX^TM or another party due to someone else using your Account Access Information. STYLUX^TM advises you to keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the STYLUX^TM infrastructure in any way.

While STYLUX^TM has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold STYLUX^TM liable for any errors or interruption of services, whether within or outside of STYLUX^TM reasonable control.

3. Privacy Policy

STYLUX^TM is committed to your privacy, and does not sell, trade or give out your personal information unless required by law or for another reason. For our complete Privacy Policy, please consult Privacy Policy section.

4. Warranty of Services

STYLUX^TM makes no representation or warranty regarding the functionality,the good working order or condition of this Web site, its suitability for use, or that its use will be uninterrupted or error-free. STYLUX^TM does not represent, warrant or undertake that any errors on or relating to this Web site will be corrected, or that any server from which the Web site is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS  WEB SITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. STYLUXTM DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

5. Product Information

STYLUX^TM and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by STYLUX^TM. However, STYLUX^TM does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.

THIS WEB SITE AND ITS CONTENTS CAN BE CHANGED WITHOUT NOTICE.

6. Monitoring, Viruses, Etc.

STYLUX^TM may monitor the access to its Web site and other activities in relation to its Web site and may intervene in this regard. However, STYLUX^TM makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if STYLUX^TM ever decides to do it.

STYLUX^TM does not represent or warrant that the information or material, including the downloadable software, accessed from or through this Web site, will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

7. Cookies

We may use “cookies” to track your preferences and activities on the STYLUX^TM Web site. Cookies are small data files transferred to your computer’s hard drive by a Web site. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Web site’s functions will not be available, and the user will lose some of the benefits of the site.

8. Payments

STYLUX^TM accepts payments by checks, Visa, Mastercard, Paypal, wire/bank transfers.

All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice will carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Any returned or bounced checks due to insufficient funds will incur additional fees of $35.00, plus taxes.

9. Refund Policy

See SHIPPING POLICY

10. Charge backs and Cancellation of Checks

In the event you issue a chargeback or cancel a check, you will be responsible for a $30.00 billing service fee. Bounced checks returned due to insufficient funds will incur a penalty of $25.00.

11. Disclaimer and Limitation of Liability

11.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, STYLUX^TM DOES NOT(i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY STYLUX^TM, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE STYLUX^TM WEB SITE, ITS CONTENT AND THE SERVICES RELATED TO IT AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, WHEN USING OR WHEN SEEKING TO USE THE STYLUX^TM WEB SITE, THE USER EXPRESSLY AGREES THAT STYLUX^TM MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY STYLUX^TM, EITHER DIRECTLY OR THROUGH A RESELLER AND THE STYLUX^TM WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE STYLUX^TM WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE STYLUX^TM WEB SITE, STYLUX^TM INCLUDES LINKS TO OTHER WEB SITES FOR WHICH STYLUX^TM HAS NO CONTROL. STYLUX^TM DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST STYLUX^TM IN CONNECTION WITH SUCH WEB SITES; AND (iii) STYLUX^TM MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. STYLUX^TM DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF ANY USE OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

11.2. STYLUX^TM WILL IN NO EVENT BE LIABLE REGARDING THE STYLUX^TM WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A NON-PERFORMANCE, ERROR, OMISSION, OR FOR A PARTICULAR DAMAGE OR OTHER CONSEQUENT DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF STYLUX^TM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Force Majeure

STYLUX^TM will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold STYLUX^TM liable for any of the consequences of such interruptions.

13. Trademarks and Copyrights

The name STYLUX^TM, as well as the logos associated with these names, are trademarks owned by Stylux Inc. Any use of these trademarks is strictly prohibited without the prior written consent of Stylux Inc. In addition, all names and trademarks belonging to third parties and appearing on the STYLUX^TM Web Site are the property of their respective owners and may be used only with the consent of their respective owners.

The STYLUX^TM Web Site and its content, including texts, images, photos, drawings, logos and other content elements, are protected by copyright and by any other STYLUX^TM’ s intellectual property right. Full or partial reproduction, in any form, of the STYLUX^TM Web Site is only permitted with the written agreement of Stylux Inc.

You can view and download the information contained on the STYLUX^TM Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without STYLUX^TM prior written consent is prohibited.

14. Rights Reserved

All rights not expressly granted in these terms are reserved to STYLUX^TM. Nothing contained in these terms shall be construed as conferring, by implication or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of STYLUX^TM or any other person or entity.

15. Questions and Concerns

If you would like more information about STYLUX^TM Terms and Conditions, please contact STYLUX^TM via info@styluxeyewear.com. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.

16. Complaints

Complaints or policy violations must be reported to info@styluxeyewear.com or by mail at STYLUX^TM, 325 Elvin, Drummondville, Quebec, CANADA, J2A 1T2.

17. Termination

STYLUX^TM reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

18. No Waiver

The failure of STYLUX^TM to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of STYLUX^TM to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

19. Language

A French version of this document is available.

20. Entire Agreement

These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and STYLUX^TM with respect to the use of this Web site and any transaction conducted on or from this Web site and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by STYLUX^TM making such amendments or modifications available to it pursuant to the terms hereof.

21. Severability

Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.

22. Applicable Law and Jurisdiction

This Agreement and its interpretation are subject to the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Montreal, Province of Quebec, including disputes regarding the Agreement’s interpretation and its effects. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.