Conditions of Use

Welcome to the Pop Shoes website. This website includes several Web pages and is operated by Côté-Réco Inc. (hereby “Pop Shoes”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE since the use of this website and any sale of products and services offered on this website are subject to the terms and conditions set below (collectively, “the Conditions”).

By using this website in any way, including browsing, activating an account with us or making a purchase, you acknowledge having read the Terms and Conditions and accepted to be bound by them. Pop Shoes reserves the right to modify these Conditions at any time and without prior notice. If you continue using this website, we will assume that you are accepting the revised Conditions of use. Therefore, we suggest you read them carefully each time you use this website.

Please note that the guidelines, policies and other terms and conditions of use and of sale in force in the Pop Shoes stores and on other websites affiliated with Pop Shoes or sharing advertising or information with the Pop Shoes website, may vary.

Please also note that the products, prices and promotions in stores, website and catalogs may differ.

Please visit our section Security and Confidentiality and our section Terms of Sale.

RESTRICTION REGARDING PERSONAL AND NON-COMMERCIAL USE

You may copy pages from this website in electronic form or print paper copies as long as it is for non-commercial, personal and lawful uses, and that author’s rights, copyrights and other claims regarding Pop Shoes’ property rights are clearly indicated. Except in cases where the express written authorization of Pop Shoes is granted, you may not copy, transmit, distribute, feature, execute, reproduce, publish, transfer nor frame (even in part) any Web pages and the information from this website, nor create derivative works from these pages and information. Pop Shoes reserves all intellectual property rights and other property rights on the items that may be copied under electronic form, or printed from this website.

FORBIDDEN OR UNLAWFUL USE

You guarantee Pop Shoes that you will not use this website in any unlawful or forbidden way according to the conditions. You will not use this website in a manner to deactivate it, damage it, overload it, compromise it or hinder its use by another person or the level of enjoyment of another user. You cannot make false declarations of identity or of location as user, and you cannot obtain or attempt to obtain elements or information by any means that is not available or intentionally provided by this website. POP SHOES STRICTLY PROHIBITS ALL UNAUTHORIZED THIRD PARTIES TO CREATE LINKS WITH THIS WEBSITE.

ACCOUNT NAME AND PASSWORD

To pursue some activities on this website, you need an account and a password. You are exclusively responsible for keeping this information secret. You must not disclose your password to anyone. You agree to immediately advise Pop Shoes in case of unauthorized use of your account. POP SHOES WAIVES ALL LIABILITY IF YOUR ACCOUNT AND YOUR PASSWORD ARE DISCLOSED.

EXCLUSIVE PROPERTY RIGHTS

Pop Shoes logos, trademarks, as well as other names, words, logos, slogans, images, brands, commercial names and trademarks used on this website are the property of Pop Shoes. You cannot use, reproduce, copy, nor adapt these logos, trademarks, slogans, images, brands or commercial names in any way without obtaining the prior written consent of the owner.

The contents of this website, including images, information and design, photos and illustrations, sounds, videos, links to other websites, icons, graphical elements, headers, text, data, software (collectively, the “Content”) as well as the presentation, arrangement, coordination, emphasis, and the choice of content are protected by intellectual property law, including author’s rights, trademarks, or other exclusive rights or licenses held by Pop Shoes. All these rights are expressly reserved.

EVALUATIONS

This website allows you to submit content. If you submit content by making an evaluation or by submitting comments, you allow Pop Shoes, on a global scale, without royalty payments, a non-exclusive, perpetual and irrevocable right, that can lead to the granting of a complete sub-license, to use, reproduce, modify, adapt, publish, translate, distribute and feature what you have written on any kind of media in the entire world. You allow Pop Shoes to use, regarding this retro-information or evaluation, the name indicated when communicating it, if any. You also allow Pop Shoes to gather all the content submitted inside an account in a user profile.

Questions, answers, evaluations and any other information featured here express the opinions of the participants and do not reflect, in any way, the opinion of Pop Shoes, nor are they supported by it. All clients’ content intended to be released on this website must be written according to Pop Shoes’ directives and all client evaluations must be made according to Pop Shoes’ directives in this regard.

LIABILITY DISCLAIMER

PLEASE NOTE THAT THE ENTIRE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND “ACCORDING TO ITS AVAILABILITY.” POP SHOES DENIES ALL WARRANTY OR RESPONSIBILITY, EXPLICIT OR IMPLICIT, ARISING BY STATUTE, OPERATION OF LAW OR OTHERWISE, RELATIVE TO THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO IT, AS WELL AS ANY CONTENT FROM THIS WEBSITE OR OTHER WEBSITE LINKED TO IT, INCLUDING: ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF THE PROPER CHARACTER OF A PARTICULAR USE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT; YOU ARE HEREBY WAIVING ALL GUARANTEES AS WELL AS ALL CLAIMS AGAINST POP SHOES, ITS DIRECTORS, MEMBERS OF ITS ADMINISTRATIVE COUNCIL, EMPLOYEES, AFFILIATED COMPANIES, FRANCHISEES, BANNERS AND LICENSEES, SUCCESSORS, RIGHT-HOLDERS AND ITS OTHER REPRESENTATIVES IN THIS REGARD, ESPECIALLY ALL TORT CLAIMS (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE GENERALITY OF THE ABOVE, YOU RECOGNIZE THAT POP SHOES DOES NOT STATE OR GUARANTEE THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION NOR THAT THE WEBSITE OR ITS SERVER DOES NOT CONTAIN ERRORS, DEFECTS, CONCEPTION OR OMISSION DEFECTS, NOR VIRUSES OR OTHER DAMAGEABLE ELEMENTS.

POP SHOES DOES NOT GUARANTEE THE ACCURACY, THE INTEGRITY NOR THE INTEGRITY OF THE CONTENT PROVIDED ON THIS WEBSITE, INCLUDING ALL ADVICE OR OTHER SIMILAR INFORMATION THAT YOU OBTAIN FROM US OR FROM OUR WEBSITE. POP SHOES MAKES NO DECLARATION UNDER WHICH THE PROVIDED CONTENT CAN BE APPLIED OR USED IN PLACES LOCATED OUTSIDE OF CANADA.

LIMITATION OF LIABILITY

POP SHOES, ITS DIRECTORS, MEMBERS OF THE ADMINISTRATIVE COUNCIL, EMPLOYEES, AFFILIATED COMPANIES, FRANCHISEES, BANNERS AND LICENSEES, SUCCESSORS OR RIGHT-HOLDERS AND ITS OTHER REPRESENTATIVES CANNOT, UNDER ANY CIRCUMSTANCES, BE HELD RESPONSIBLE TOWARDS YOU OR ANY OTHER PERSON, UNDER ANY THEORY OF RESPONSIBILITY INCLUDING MATTERS OF WARRANTY, OF CONTRACT OR TORT (INCLUDING NEGLIGENCE - ACTIVE, PASSIVE OR IMPLICIT), OF CIVIL LIABILITY OF THE PRODUCTS OR OF STRICT RESPONSIBILITY, REGARDING DAMAGES (INCLUDING DIRECT, INDIRECT, ACCESSORY, SPECIAL, EXEMPLARY, PUNITIVE OR CONSECUTIVE DAMAGES) ENSUING FROM THE USE, THE IMPOSSIBILITY OF USE OR THE RESULTS OF USE OF THIS WEBSITE OF ITS CONTENT, EVEN IF POP SHOES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IF YOU ARE NOT SATISFIED OF THIS WEBSITE AND ITS CONTENT OR ITS CONDITIONS, YOUR SOLE AND ONLY REMEDY IS TO STOP USING THIS WEBSITE. IF ANY PART OF THIS LIABILITY CLAUSE IS FOUND TO BE INVALID OR UNENFORCEABLE FOR WHATEVER REASON, THE RESPONSIBILITY OF POP SHOES TOWARDS YOU WILL NEVER EXCEED ONE HUNDRED DOLLARS ($100) IN TOTAL.

INDEMNITY

You indemnify and hold harmless Pop Shoes, its directors, members of the administrative council, employees, affiliated companies, franchisees, banners, licensees, successors, right-holders, representatives and agents from any claim, action, suit or proceeding including, but not limited to, reasonable attorneys’ fees, accountants’ fees, or others ensuing from your non-compliant use of this website.

ONLINE PURCHASES

To make online purchases on this website, you must have reached the age of majority in your province or territory of residence and you must commit to pay all the charges indicated on this website. All prices indicated on this website are in Canadian dollars, and all costs will be treated in Canadian dollars. Furthermore, any product ordered or bought from this website can be ordered or bought exclusively for non-commercial and lawful reasons. Any other use is forbidden. Pop Shoes reserves the right to limit the quantities of certain products that you can buy on this website. Besides all rights or remedies, Pop Shoes can, at its sole discretion and without limitation of liability, restrict or block your access to any part of this website at any moment.

ERRORS, INACCURACIES OR OMISSIONS

Pop Shoes does everything in its power to ensure that the content of this website is complete and exact. However, it does not guarantee that the information provided contains no errors, inaccuracies or omissions. These errors, inaccuracies or omissions may be due to the price, to the descriptions or the availability of the products. Pop Shoes reserves the right to correct all errors, inaccuracies or omissions, or to change the content or update it without prior notice. Pop Shoes reserves the right to refuse or cancel orders containing an error, an inaccuracy or an omission, whether the order was submitted or not, confirmed and/or charged on your credit card. If the purchase was charged on your credit card, and that your order is canceled, Pop Shoes will immediately apply a credit to your credit card account. If you are unsatisfied with your purchase for any other reason, you may send the item back to Pop Shoes. Please also refer to the section on Terms of Sale.

PRICING

Please note that all the prices indicated on this website are applicable only to online purchases and cannot be matched at a Pop Shoes retail store. Also, all prices at a Pop Shoes retail store cannot be matched online. Furthermore, Pop Shoes charges tax on sales for products ordered on this website based on the combined federal and provincial sales tax rates applicable where the order is sent. Please also refer to the section on Terms of Sale.

COLOURS

Please note that, while Pop Shoes tries to feature the colours of the products on its website as faithfully as possible, we cannot guarantee that the colour you see is the product’s colour, since the display of the colour depends, in part, on the type of screen that you use.

DELIVERY

If Pop Shoes offers shipping or delivery services, it will try to send or deliver any product as quickly as possible and within the delays indicated. However, you accept that Pop Shoes will not be held responsible for delays in shipping and delivery. If delivery is delayed, Pop Shoes will advise you as soon as possible. Pop Shoes will not deliver products to an address outside of Canada.

POP SHOES DOES NOT ENDORSE OTHER WEBSITES LINKED TO THIS WEBSITE

The website may contain links with other websites; these links are provided to you as a convenience. Please note that by providing these links, Pop Shoes does not endorse other websites linked to its own. All these other websites are entirely independent from this website and from Pop Shoes, and Pop Shoes has no control whatsoever nor any influence on these other websites, including their content. If you visit one of the websites linked to this site, we suggest you to examine promptly the modalities and conditions of use, as well as their policies regarding the respect for privacy and security.

INTEGRITY OF THE AGREEMENT

These Conditions as well as the Security and Confidentiality and the Terms of Sale of this website constitute the integrity of the agreement between Pop Shoes and you regarding this contract, and they substitute all other prior or actual communications, electronic, oral or written, between Pop Shoes and you concerning this subject. In case of incompatibility between these Conditions and any Pop Shoes policy, these Conditions take precedence.

DIVISIBILITY

These Conditions are considered independent one to the other. If one provision of these Conditions is considered non-executable or invalid, it will remain executed within applicable law, and the validity and executable nature of the other provisions will remain unaffected.

APPLICABLE LAWS

These Conditions as well as the use of this website, including all orders or all purchases made on this website are regulated by the laws of the Province of Quebec and the laws of Canada in force in this province.