TERMS AND CONDITIONS OF SALE

www.serenitesonore.com

Last Updated: 2021-10-17

  1. APPLICABILITY OF THE PRESENT TERMS
  1. In addition to the Website Terms of Use that govern the use of the Sérénité Sonore Inc. website www.serenitesonore.com (“Website”), the present Terms and Conditions of Sale apply to any order or purchase that you make on the Website (“Terms of Sale”). The purchase products and services on this Website may be subject to additional conditions that will be communicated to you at the time of purchase.
  1. Sérénité Sonore Inc., 301-5425 Rue De Bordeaux, Montréal, Québec, H2H 2P9, Canada (“Sérénité Sonore”, “us” or “we”) operates the Website and is the supplier of the goods and services shown there. By placing an order, which requires the acceptance of these Terms of Sale, you agree to be bound by them, regardless of whether you have read them or not. If you do not accept these Terms of Sale, do not place an order.
  1. Please print and retain a copy of the Terms of Sale for your own records.
  1. INFORMATION REQUIRED TO MAKE PURCHASES
  1. Purchases made via the Website are limited to individuals having reached the age of majority in their place of residence.
  1. To access certain sections of this Website, such as to make a purchase, you will be required to provide certain information and it is also possible that you may be required to create of an account for this purpose. In this regard, you agree to provide true, current, and complete information and to update this information as soon as possible after any changes to this information have occurred. You can select or we can assign to you a username or password. You alone are responsible for keeping that password and username confidential for all the activities performed under the password and username on this Website. You agree to notify Sérénité Sonore of any unauthorized use of your password or your username or of any other breach of security with respect to your account with us as soon as you are aware of them.
  1. A receipt confirming your order will be sent as an automated email message to the email address used when placing the order. This email is a confirmation that Sérénité Sonore has received your order. In the case where event tickets are purchased, this confirmation email will also constitute your admission ticket. In the case where physical goods or other services are purchased, this confirmation email does not confirm acceptance of your order by Sérénité Sonore. The acceptance of your order will instead be confirmed by an email confirming the delivery of physical products or other services specified by your order.
  1. Before submitting your order, you will have the chance to correct mistakes and, finally, to “accept” or “reject” your order. Once confirmed and submitted, you will not be able to make changes to your order. Sérénité Sonore reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Among others, the following situations may lead to the cancellation or refusal of your order: (i) unavailability of products or services to fulfill the purchase, (ii) misstatement or error in relation to a product, the services, or a price; or (iii) inability to confirm or obtain authorization to charge your credit card. We may also need to make additional verification or get more information before confirming your order. Sérénité Sonore will contact you to inform you that all or a part of your order is cancelled or if additional information is required to complete and accept your order.
  1. PRICE AND CURRENCY 
  1. The prices displayed on the Website are in Canadian dollars. Before completing the order, if applicable, the cost of shipping and handling and any additional charges payable by law, such as taxes, will be disclosed. You are responsible for paying the shipping costs and all federal, provincial, and other taxes that apply to your order. The taxes are determined according to the applicable local, provincial, and federal laws. The tax rate charged is based on the shipping address provided when you complete the order.
  1. The prices of some online items can vary depending on your delivery address. In such case, you can update your postal code and your shipping address before completing your order, or in your account preferences settings, as the case may be.
  1. PAYMENT METHOD
  1. You may pay for your order by using MasterCard, Visa, or PayPal.
  1. When paying with a credit card, your name and postal address (including your postal code) must match the name and mailing address (including the postal code) associated with your credit card. You authorize Sérénité Sonore to charge the full amount of your order to the selected method of payment, including the shipping costs and applicable taxes.
  1. INFORMATION RELATED TO THE DELIVERY OF PHYSICAL PRODUCTS
  1. The delivery address provided when completing your order must be a complete and valid mailing address. All orders of physical products are shipped by Canada Post (Expedited Parcel Service). You can follow your order on the Canada Post website, available via the “Order Tracking” function of the Website, using the tracking number emailed to the address provided at the time of completing your order.
  1. Delivery times for all in-stock physical products are estimated at (i) ten (10) business days in Canada and in the United States and (ii) twenty (20) business days in other countries. Orders delivered outside of Canada may be subject to import duties, foreign taxes, and customs administration fees. You will be responsible for paying these additional fees, duties, and taxes, as applicable. In addition, delivery times outside of Canada do not include customs clearance times. 
  1. Delivery of event tickets is done electronically and automatically to the email address used when placing the order, by sending an order confirmation email that also serves as an admission ticket. For all other services, the delivery time will be mentioned at the time of purchase.
  1. Sérénité Sonore is not responsible for any loss affecting the physical products after their shipment from the Sérénité Sonore premises or from the premises of its agents to your delivery address.
  1. CANCELLATIONS, EXCHANGES, CREDITS, AND ABSENCE OF REFUND
  1. You have certain statutory rights to cancel your order, in accordance with provincial consumer protection laws, and Sérénité Sonore undertakes to respect the public order aspects of these laws. Other than legal requirements, no order cancellations are accepted, whether for our physical products, event tickets, or other services. 
  1. Sérénité Sonore allows you to exchange or obtain a credit for any defective physical product covered by the warranty and returned according to the procedure set out in article 7 below, but no refunds will be granted. In addition, there will be no exchange or refund of event tickets or of any other service that you purchase from Sérénité Sonore.
  1. WARRANTY, DISCLAIMER, AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, PROHIBIT THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, OF LIABILITY OR OF CERTAIN DAMAGES AND/OR OF THE REPRESENTATIONS AND WARRANTIES CONCERNING PRODUCTS AND/OR SERVICES. IF THESE LAWS APPLY TO YOU, ALL OF THE FOLLOWING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Except as indicated in section 7.2 below, Sérénité Sonore makes no other warranty, express or implied, concerning the products and services sold on the Website, including any warranties and representations regarding merchantability, the use for which they are normally intended and non-violation of the rights of third parties. Sérénité Sonore will not be liable for incidental or indirect damage or damage resulting from loss of use or any interruption of performance or consequence thereof. Sérénité Sonore’s liability for any defective physical product is limited to the replacement of the product.
  1. Our physical products are guaranteed to be free from defects for a period of 3 months after purchase. If a physical product is defective or does not correspond to what was ordered, Sérénité Sonore will replace the product covered by this warranty, at no cost to you. 
  1. This warranty does not cover (a) damage and deterioration resulting from accident, negligence, misuse, abuse, or failure to follow specific instructions for the product, as applicable; (b) any damage due to the shipping of the product or the repair / attempted repair by someone other than Sérénité Sonore; (c) a product that has been modified; (d) normal wear and tear; (e) deterioration due to external causes such as extreme or inadequate temperatures or humidity; (f) strings and pegs of string instruments; (g) irregularities, imperfections, or cosmetic defects which do not affect the use or performance of the product, with the understanding that our products are often made by hand and from natural materials and that visual differences may exist between the product image displayed on the Website and the delivered product. 
  1. To obtain a service pursuant to the warranty, please follow the procedure below:

i. Contact us by email at info@serenitesonore.com, specifying your name, the details of your invoice and an explanation of the defect. We will respond to you within 3 business days of receiving your request, by confirming whether the warranty appears to apply to your request and, if so, providing you with a return label;

ii. Once you have received the return label, send the subject physical product to 301-5425 Rue De Bordeaux, Montreal, Quebec, H2H 2P9, Canada securely packaged and accompanied by the original invoice. We are not responsible for damaged, misdirected, or lost return packages;  

iii. Once your package has been received and your request processed, we will notify you by email of the status of your request as soon as possible. 

  1. Sérénité Sonore declines all responsibility in the event that a customer is unable to make a reservation or a transaction due to a breakdown, error, or malfunction of the Website. In addition, Sérénité Sonore is not responsible for the cancellation or postponement of an event for which we are selling tickets following a malfunction of the Website, the absence of an artist, a demonstration, pandemic, fire, natural disaster, or any other force majeure event. 
  1. AVAILABILITY AND DESCRIPTION
  1. The purchase of products and services on the Website depends on their availability. If a requested product or service is not available at the time of ordering, Sérénité Sonore is not obligated to fulfill your order and, in return, you will not have to pay Sérénité Sonore for your order. Adding a product or service to your “basket” or your “wish list” does not guarantee its availability when completing your order.
  1. Despite the fact that we do everything possible to update and maintain the accuracy of the information related to the products, services, and their prices on our Website, errors and/or omissions are possible. If an inaccurate price or incorrect information is displayed for an item, Sérénité Sonore has the right, at its sole discretion, to refuse or cancel any order containing this item. If this is the case, Sérénité Sonore will inform you thereof.
  1. If, in your opinion, a product or service purchased does not correspond to the description provided at the time of purchase, your sole remedy is to return it by following the procedure provided for in section 7.4.
  1. PRODUCTS AND SERVICES DISPLAYED, DESCRIBED, OR MADE AVAILABLE ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES OR FOR ANY PERIOD OF TIME. PRODUCTS, SERVICES, AND PRICES MAY VARY AND MAY BE REMOVED FROM THE MARKET. IN THE EVENT THAT A PRODUCT OR A SERVICE FOR WHICH AN ORDER IS PLACED IS NOT AVAILABLE, SÉRÉNITÉ SONORE WILL NOTIFY YOU BY EMAIL AND THE PRODUCT OR SERVICE IN QUESTION WILL BE AUTOMATICALLY WITHDRAWN FROM YOUR ORDER. DESPITE OUR ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF THE ITEMS AVAILABLE FOR PURCHASE ON THE WEBSITE, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF SUCH DESCRIPTIONS. IN THE CASE OF EVENT TICKETS, THE ARTISTS, REPERTOIRE, EVENT DATES AND TIMES ARE SUBJECT TO CHANGE WITHOUT NOTICE. 
  1. LIMITED QUANTITY
  1. Sérénité Sonore reserves the right, at its sole discretion, to limit the number of items purchased per person, per family, or per order. These restrictions apply to orders placed from the same account, the same credit card, as well as to orders based on the same billing or delivery address. Sérénité Sonore reserves the right, at its sole discretion, to prohibit all sales to dealers or resellers.
  1. ADDITIONAL TERMS APPLICABLE TO THE PURCHASE OF TICKETS 
  1. You should carefully verify the event name, date, and time before making a purchase. NO REFUNDS, EXCHANGES OR CANCELLATIONS will be provided to you once the sale has been completed
  1. Recording of sounds or images by means of an electronic device or any other device (including, notably, a camera or a mobile phone which can be used for these purposes) is strictly prohibited during the event.
  1. Out of respect for the artists and the audience or other participants, Sérénité Sonore reserves the right to ask you to leave the event if your behavior is disturbing, in which case your ticket will not be refunded, and no compensation will be due to you.  
  1. Sérénité Sonore reserves the right to cancel an event at any time by sending you a written notice by email at least 24 hours before the event. In the event of such a cancellation, Sérénité Sonore will, at its discretion, (i) refund your ticket using the same payment method that was used for the purchase or (ii) issue a credit equivalent to the price of your ticket, without any other compensation being due to you.
  1. COVID-19
  1. As of September 1, 2021, you must have a vaccination passport to attend events taking place in our Suspended loft or in another indoor space and present it at the time of admission together with a proof of identity with photo, without which your access to the event will be refused. You must ensure that you can meet these requirements at the time of purchase, as you will not be granted a refund if your access is denied.
  1. You must wear a face mask upon arrival and when moving within the premises where the event is held and this until you are seated in your assigned seat. You will be allowed to remove your face mask during the event, provided that you are seated.
  1. In the event of non-compliance with these conditions, we may ask you to leave the event premises immediately and you will not be entitled to a refund.
  1. APPLICABLE LAW
  1. Unless the laws of your jurisdiction require that it be the laws of your jurisdiction that should govern these Terms of Sale, these Terms of Sale will be governed by and interpreted according to the applicable laws of the Province of Quebec and those of Canada and all disputes shall be submitted to a competent court in the district of Montreal in the Province of Quebec.
  1. PRIVACY POLICY
  1. Sérénité Sonore collects, uses and shares personal information in the course of operating the Website in accordance with applicable laws and its Privacy Policy.
  1. GENERAL
  1. These Terms of Sale, supplemented by (i) the details of your order and all other notices posted and presented on our Website, (ii) the Privacy Policy, (iii) the Website Terms of Use, and (iv) all other terms of use that may be communicated to you from time to time by Sérénité Sonore, constitute together the entire agreement between the parties with respect to its subject matter and supersedes any agreement, representation, warranty, or prior agreement, whether written or oral, express or implied, in this regard. 
  1. Sérénité Sonore’s delay or failure to act with regards to any failure on your part to comply with these Terms of Sale does not constitute a waiver on the part of Sérénité Sonore. Except where otherwise provided by law, Sérénité Sonore will not be liable for any delay or failure to fulfill any of its obligations hereunder if that delay or failure is caused by an event beyond its control. 
  1. You may not assign these Terms of Sale to a third party without Sérénité Sonore’s prior consent. Sérénité Sonore may assign its rights and obligations under these Terms of Sale without your consent (i) to an affiliated company, or (ii) as part of a merger or sale of all or a substantial part of its business or of its assets.
  1. These Terms of Sale bind you and your heirs, executors, administrators, and other legal representatives as well as Sérénité Sonore’s successors and assigns. 
  1. Except as otherwise provided herein, any provision of these Terms of Sale that imposes or contemplates the survival of any rights or obligations that we or you have will survive the expiration or termination of these Terms of Sale.
  1. If any provision of these Terms of Sale is found to be unlawful, void, or unenforceable for any reason whatsoever, this provision will be considered not to be forming part of the Terms of Sale and it will not affect the validity and enforceability of the other provisions of the Terms of Sale.
  1. MODIFICATIONS
  1. The Terms of Sale that apply to your order are those that are available online and in effect on the date on which your order is completed. From time to time, Sérénité Sonore may modify these Terms of Sale according to the applicable laws. Any modification will apply to all orders placed after the coming into effect of such modification. Accordingly, each time you place an order on the Website, you represent that you had access to, read, and accepted the Terms of Sale applicable to the given order. 
  1. NOTICE
  1. Notices informing you of the modifications to the Terms of Sale may be sent to you by email or the mail, or by posting notices or links on the Website regarding the modified terms.
  1. For any questions or comments regarding these Terms of Sale, you can contact us at 514.692.4282 or at info@serenitesonore.com.

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