Terms of Use
By using our services and browsing our website as well as all its online properties, you agree to be
bound by these terms and conditions in their entirety.
Welcome
CLOCHA welcomes you to our Website. In this document, “Website” is used to define all online
properties and their domains. Please read the following Website Terms of Use before using the Website
or any of the Services available through the Website. By accessing and using the Website or the
Services, you agree to be bound by these Terms of Use in their entirety. If you do not agree with these
Terms of Use, you should not access the Website or download any part of its Content.
Ownership/Restrictions on Use
The Website is owned and operated by CLOCHA NEQ 2280514060. Any and all content, data,
graphics, photographs, images, audio, video, software, trademarks, service marks, trade names, and
other information (collectively, the “Content”) contained in this Website are proprietary to CLOCHA,
its affiliates, and/or third-party licensors. The Content is protected by Canadian and international
copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute,
display, perform, create derivative works from, transfer, or sell any Content without the express prior
written consent of CLOCHA. You may download, print, and reproduce the Content for your own
informational purposes provided you agree to maintain any and all copyright or other proprietary
notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of
multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except
with the prior written permission of CLOCHA. To obtain written consent for such reproduction, please
contact us by email.
Unless otherwise specified, our Website is for your personal and non-commercial use and for purely
informational and entertainment purposes.
Accuracy of Information
Although CLOCHA takes all possible steps to ensure the accuracy of the information included in this
Website, no assurance is given that information or material on this Website is up-to-date, accurate,
error-free, or complete. CLOCHA takes no responsibility for errors or omissions in the content of this
Website, including those relating to product descriptions, pricing, and availability. We reserve the right
to correct, change, or update information at any time without prior notice. Your sole remedy for the
purchase of any product on the Website is to return it for a full or partial refund as set forth in the
Refund Policy.
Changes to Information on Our Website
Dates of the current offers, prices, and availability of goods on the Website may be changed without
notice. We work hard to show only the available articles and to resupply stocks regularly. However, it
may happen that we run out of stock of certain colors or sizes of items in our inventory when the order
is placed. Once your order is processed, you will receive an order confirmation with the date of receipt
of your order, the availability, and the price of each article ordered. From time to time, we may have to
cancel an order placed through our Website if, for example, the merchandise ordered unexpectedly
becomes unavailable for shipment.
While we try as hard as possible to meet your needs, we reserve the right to revise any price or
inaccurate description and to cancel or refuse any order with an inaccurate price or description. These
corrections can be made even after an order has been accepted.
Sales Tax
In Canada, CLOCHA collects sales tax for products ordered on this Website. The rate of sales tax that
will apply to an order is dependent on the delivery address of the order. The 5% GST (Goods and
Services Tax) is added to all orders in every province except for the following provinces in which the
HST (Harmonized Sales Tax) is added to all orders: New Brunswick, Newfoundland and Labrador,
Nova Scotia (15%), Ontario (13%), and Prince Edward Island (14%). In addition, provincial sales tax is
added to all orders in the province of Quebec (9.975%), in British Columbia (7%), in Manitoba (8%),
and in Saskatchewan (6%). Tax exemptions for books, children's clothing, and food are also calculated
according to existing provincial rules. The sale of a gift card is not taxable. When a gift card is used to
pay for a purchase, it is treated as a payment method similar to cash. Therefore, sales taxes must be
calculated on the price of each item sold before the value of the gift card is deducted.
Registration and Passwords
To access certain portions of the Website, you may be asked to complete an online registration form.
In consideration for your use of this Website and the Services provided on it, you agree to provide true,
current, complete, and accurate information as requested on any registration form to which this Website
may direct you, and to update that registration information as soon as possible after any information on
such registration form changes.
As part of the registration process, you may be asked to provide a user name or password. You alone
are responsible for keeping that password and user name confidential, and for any and all activity that
occurs on this Website under such password or user name. You agree to immediately notify CLOCHA
of any unauthorized use of your password or user name or any other breach of security.
User Conduct
You may have the opportunity to upload, publish, display, or otherwise post information, ideas, and
opinions on the Website through product reviews, responses, feedback, or other material (collectively,
“User Content”) posted to the Website.
By choosing to access the Website and/or by submitting User Content, you agree to abide by all
applicable federal, provincial, territorial, and other laws and regulations, the other conditions of these
Terms of Use, and any other rules which may be published from time to time by CLOCHA. In addition,
without limiting the foregoing, you agree not to:
A. upload, post, e-mail, or otherwise transmit any User Content that:
i. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
ii. infringes any patent, trade-mark, trade secret, copyright, or other proprietary or privacy rights
of any third party;
iii. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or
iv. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb,
cancelbot, or any other harmful components or any other computer file, program, or code designed to
interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications
equipment;
B. harvest or otherwise collect or store any information (including personally identifiable information)
about other users of the Website, including email addresses, without the express consent of such users;
C. for the purpose of misleading others, create a false identity of the sender or the origin of a message,
forge headers, or otherwise manipulate identifiers in order to disguise the origin of any material
transmitted through the Website;
D. impersonate any person or entity including, but not limited to, a CLOCHA employee, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. attempt to gain unauthorized access to the Website, other computer systems or networks connected
to the Website, through password mining or any other means;
F. interfere with or disrupt networks or servers connected to the Website or violate the regulations,
policies, or procedures of such networks; and
G. use, download or otherwise copy, or provide to any person or entity any Website users directory or
other user or usage information or any portion thereof other than in the context of your use of the
Website. The foregoing is hereinafter collectively referred to as the “Code of Conduct.”
User Content
You are solely responsible for all User Content that you upload, publish, provide a link to, or display
(hereinafter, “post”) on or through the Website. You may not publish User Content on the Website that
you did not create or that you do not have permission to post.
CLOCHA is not responsible for User Content and will not have any liability related to the content of
any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity,
or otherwise. CLOCHA may, but is not obligated to, monitor or review activity on the Website and any
User Content and may block, edit, delete, or remove (without notice) any User Content at its sole
discretion. CLOCHA reserves the right to terminate the privilege of any user to post User Content or to
participate in other CLOCHA Services if such users violate these Terms of Use and/or the Code of
Conduct.
By submitting any User Content to the Website you grant CLOCHA a worldwide, non-exclusive,
unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to use, reproduce, modify,
edit, publish, create derivative works from, translate, license, publicly perform, and display the User
Content (in whole or in part) for any purpose whatsoever and/or to incorporate it in other works in any
form, media or technology now known or later developed, without your prior approval, and you further
waive any “moral rights” that you may have in the User Content. In addition, by submitting the User
Content to CLOCHA, you represent and warrant that you own and control all rights in and to the User
Content and that you have the right to grant the foregoing rights to CLOCHA. User Content represents
the views and opinions of the person(s) submitting same.
You acknowledge that CLOCHA may establish general practices and limits concerning use of the
Website, including without limitation the maximum number of days that email messages, message
board postings, or other User Content will be retained on the Website. You agree that CLOCHA has no
responsibility or liability for the deletion or failure to store any messages, other communications or
User Content maintained on or transmitted by the Website. You are solely responsible at your sole cost
and expense for creating backup copies and replacing any User Content you post or store on the
Website.
Product Reviews
CLOCHA strives to provide to the public product reviews of the highest quality and integrity. We
encourage honest and respectful communication. Therefore, in addition to complying with the Code of
Conduct, if you submit a product review you hereby agree:
not to post a product review unless you own or have used the product;
to post only one review for each product (unless you are providing new information);
not to include insults, personal attacks or inflammatory language in a product review; and
not to post a review of a product if you are an employee (or a relative of an employee) of the
manufacturer of the product or of a competitor's product.
You also understand and agree that CLOCHA is under no obligation to display any product reviews
that you submit on the Website, and may edit or remove product reviews at its sole discretion.
Linking
It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the
Website might offer you links to other sites on the Internet that are owned and operated by third parties
and therefore not affiliated with us. Please understand that such linked Websites are independent from
CLOCHA and that CLOCHA has no control over the content of such Websites. Consequently,
CLOCHA cannot be held liable and makes no warranty or representation whatsoever as to the accuracy,
timeliness, and/or completeness of the information contained on such Websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated
or associated with, or have been legally authorized to use any trade-mark, trade name, service mark,
design, logo, symbol, or other copyrighted materials displayed on or accessible through such sites.
We welcome any feedback that you may have concerning the external links that we have placed on our
Website.
Disclaimer/Limitation of Liability
Although we strive to update and keep the content contained on the Website accurate as much as
possible, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED
HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. CLOCHA DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. CLOCHA DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE
WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
IN NO EVENT SHALL CLOCHA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION
WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR
SERVICES, EVEN IF CLOCHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold harmless CLOCHA, its affiliates, members, officers, employees,
agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties,
costs, and liabilities (including reasonable legal and accounting fees) resulting from:
A. any content (including User Content) you (or anyone acting under your password or user
name) submit, post, transmit, or make available on the Website;
B. your (or anyone acting under your password or user name) use of this Website, connection
thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code
of Conduct; and/or
C. your violation of any law or rights of a third party.
Privacy
CLOCHA respects your right to privacy of your personal information. Please review our Website
Privacy Statement for details on the manner in which we collect, use, disclose, and otherwise manage
any of your personal information.
Changes and Termination
CLOCHA reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Website (or any part thereof) with or without notice. Further, CLOCHA reserves the
right to change these Terms of Use at any time and to notify you by posting an updated version of the
Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including,
without limitation, by checking the date of “Last Update” at the bottom of this document. Continued
use of the Website after any such changes shall constitute your consent to be bound by such changes,
with continued provision of the use of the Website constituting consideration from CLOCHA to you for
so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use; (2) any
policy or practice of ours in operating the Website; or (3) any Content available through the Website, is
to stop visiting and using the Website.
Trademarks
“CLOCHA” is a trademark of CLOCHA. Other marks, graphics, typefaces, trademarks, and logos
appearing on the Website are trademarks or trade dress of CLOCHA. All other trademarks appearing on
the Website are property of their respective owners. Our trademarks and trade dress may not be used in
any manner for any purpose without our express written consent.
Applicable Laws
These Terms of Use are governed by and construed in accordance with the laws of the Province of
Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of
competent jurisdiction in the judicial district of Quebec City, Province of Quebec. If any provision of
the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision
shall be severable from these Terms of Use and shall not affect the validity and enforceability of any
remaining provisions. These Terms of Use and any and all other legal notices or statements posted on
the Website, including the Privacy Policy, constitute the entire agreement between you and CLOCHA
with respect to the use of the Website, including the Content.
Notice
Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or
to the services offered by the Website, by posting notices or links to such notices on the Website itself.
If you have any questions or comments regarding these Terms of Use please contact us.
Walter G. Peitz
hi@clocha.com
403 479 1801
CLOCHA
NEQ 2280514060
GST / HST 78781 5562 RT0001
QST / PST 4049220516 TQ0001
3280 Rue Emmanuel Routhier
Levis, QC, G6X1T9
CANADA