TERMS OF SALE
Preamble
The customer acknowledges having read and accepted without reservations the terms of sale on this page at the time of ordering.
1. Order
These terms and conditions of sale govern the contractual relationship between MaltBroue Inc. and its customer, with both parties accepting them without reservations. These terms and conditions of sale will prevail over any other conditions contained in any other document except prior, expressed and written exemption.
If the customer wishes to place an order, he/she will first have to identify himself/herself.
To this end, he/she must fill out the order form made available to him/her. The necessary identification information must be entered, including his/her last and first name, telephone number, postal and email address, billing and delivery address.
The customer who has chosen the products must validate his/her order by clicking on the “Validate order” button to demonstrate his commitment and acceptance of the Terms of Sale.
From that moment, the order is registered, and the customer will receive an order and a confirmation number on the screen and/or by email.
MaltBroue Inc.’s automatic registration systems are considered as proof of the nature, the content and the order date. MaltBroue will confirm to the customer the acceptance of the order at the email address provided by the customer.
2. Cancellations/Claims
No unilateral cancellation of orders will be accepted without the agreement of MaltBroue Inc.
If you receive the wrong product, you can make a claim to MaltBroue by contacting customer service directly. The claim must be made within 24 hours of receiving the product. MaltBroue cannot be held responsible for the customer’s storage conditions.
Any claim not made under the above rules and within the time limit will not be taken into account and will release MaltBroue Inc. of responsibility to the customer. Any return of merchandise requires approval from MaltBroue Inc.
In the event of a damaged product during transportation, claims are made directly to the responsible carrier, according to their conditions. The transportation of merchandise is always the responsibility of the recipient.
3. Delivery
Delivery is made at the address specified by the customer when the order is placed, or picked up after making an appointment. The fore mentioned customer is responsible for having someone on the premises and having the necessary equipment to receive the goods. Transportation costs will be added to the customer’s invoice or charged to the customer’s account, depending on the agreements made at the time of the order.
Delivery can only take place once the order has been validated by the customer. For customers who do not have an account at MaltBroue Inc., the payment must be made in full before receiving or pick-up.
MaltBroue Inc. reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order.
The information stated by the customer when placing the order commits him/her to: in the event of an error of the recipient’s contact information, MaltBroue Inc. cannot be held responsible of not being able to deliver the product.
A. Delivery Time
Depending on the availability of the requested products, delivery times can vary from two working days to one month, excluding shipping problems that would be beyond our control.
Under no circumstances can delivery delays and carrier failure result in compensations and/or interests and damages.
If the product is sold out, the restock period can take up to one month.
In the event of force majeure or exceptional events delaying or prohibiting the delivery of goods, MaltBroue will be released of any liability.
(The following are considered as force majeure, but not exhaustive, releasing the seller of his/her obligation to deliver, war, riots, fire, strikes, accidents and the impossibility of being supplied).
4. Price
Prices may vary depending on the products, the volume of business and the type of customer. These are increased annually.
Taxes and transportation fees will be added to this price.
A. BILLING AND PAYMENT
A detailed invoice will be sent to the customer by email. It can be paid by cheque, bank transfer, PayPal or cash. Credit cards are not accepted. Cheques can be made to MaltBroue Inc. and sent to: box 5033, Temiscouata-sur-le-Lac, QC G0L 1E0.
5. Dispute Settlement
In the event of a disagreement with MaltBroue Inc., our goal is to provide you with a neutral and cost-effective way to resolve it quickly. Therefore, both parties agree to resolve any claim or issue of contention or issue of equity arising from these Terms of Use or our services (a “claim”), using one of the stated mechanisms below or on terms
that we will both agree on in writing.
These conditions and any disagreement or claim on your part against MaltBroue are governed exclusively, in full and in all areas by the laws in force in the Province of Quebec and by the federal laws of Canada that apply in this area. You agree that any claim or dispute against MaltBroue Inc. will be resolved by a court in the Judicial District of Quebec, Province of Quebec, unless the parties agree otherwise. If the subject matter of these claims or disputes is to be tried, you agree to submit to the personal skills of the courts in the province of Quebec.
6. Product Use
All orders placed at MaltBroue are primarily for brewing beer, distillery, or resale for brewing and distillery. MaltBroue cannot be held responsible for the results obtained for other uses if that customer has not informed MaltBroue of its use and hasn’t made a prior agreement for certain production parameters.
7. Generalities
A. CHANGING TERMS OF USE
MaltBroue Inc. reserves the right to change the terms and conditions of use at any time.
B. TRANSLATIONS OF TERMS OF USE CONDITIONS D’UTILISATION
Any translations of these Terms of Use and all related documents are intended only to meet local requirements and, in case of differences in interpretation of the English and French versions, it is the French version of these Terms of Use and all related documents that will prevail.
C. COMMERCIAL ENTITY
If you create or use an account in the name of a business entity, you declare that you have permission to act on its behalf and to link the business entity to these Terms of Use. The account is owned and controlled by the commercial entity.
D. USE OF CONFIDENTIAL INFORMATION
You agree that MaltBroue will access your data in order to respond appropriately to your orders and for customer support. We will not disclose this data unless required by the law or if duly authorized by you.