INTRODUCTION

Welcome to the website of Stûv America. Please, carefully read these terms of use (“the Terms”) before browsing our website (“the Site”).

By using our site, you recognize and agree to be bound by these Terms.

We reserve the right to modify or otherwise update the Terms at our sole discretion and without notice. These changes will automatically take effect immediately upon their application to the Site, and you therefore, agree to be bound by any such changes or updates. It is therefore your responsibility to review them regularly.

If you do not agree with these Terms, please leave the Site.

INTELLECTUAL PROPRETY

Everything on the Site, such as texts, drawings, graphics, logos, trademarks and photos are our exclusive property and are protected by Copyright Laws. Except as provided in these Terms of use or as authorized in writing by us, no content or material on the Site may be copied, reproduced, republished, transmitted or distributed in any manner. Any unauthorized use of any material contained on this site is strictly prohibited.

TRADEMARKS

The trademarks, service marks, trade-mark packaging and logos (Trademarks) used and displayed on this site are trademarks used under licence. Nothing on this site should be construed as granting any license or right to use the Trademarks and no such right is granted by the fact that you use this site. The Trade-marks on this site may not be used in connection with a product or service that is not ours, in a manner that would cause confusion among consumers/customers or in any manner that would disparage, discredit or harm our business goodwill or reputation.

USE OF THE WEBSITE

This site or any portion of it may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial use that is not expressly permitted by us. We reserve the right to refuse access to this site at our discretion if we believe that a user’s actions violate applicable laws or are harmful to our interests.

LINKS TO OTHER SITES

The site may contain hyperlinks to third party sites that cause you to leave the site and that do not belong to Stûv America. We provide these hyperlinks solely for your convenience. As these are third parties, we prefer to advise you that we have no control over these third-party sites, including data collection and privacy. These third-party sites are not under our control and the links to them cannot be interpreted as an approval or endorsement of their contents by Stûv America. Therefore, we cannot be held responsible and will not make any warranty whatsoever, including, but not limited to the following:

• accuracy, topicality or completeness of the contents, products or services published on third-party sites;
• links to other sites, or changes or updates to them;
• issues with the compatibility of third-party sites with your computer devices;
• contamination by computer viruses from the use of third-party sites.

DISCLAIMER/LIMITATIONS OF LIABILITY

We shall not be liable for any direct, indirect, incidental or punitive damages that may result from the use of the site, its content or inability to use it, even if Stûv America has been advised of such damages.

The site and all information contained therein is provided “as is”, without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of quality and fitness for purpose or non-infringement and freedom from computer viruses and warranties arising from course of dealing or course of performance. We do not represent or warrant that the functions contained on this site will always be in effect or free of errors, or defects.

In addition, we shall not be liable to any party for any direct, indirect, special, incidental, consequential, punitive, exemplary or exemplary damages, errors or omissions, failure to perform, or monetary loss, in any action for extra-contractual, contractual or civil liability, or any other theory of law arising out of or in connection with the use, inability to use or arising from any information or messages on the site. This limitation of liability clause shall apply notwithstanding the failure of any limited remedy available at law. You agree to use this site at your own risk and your use is evidence of such acceptance.

IN ADDITION, PLEASE NOTE THAT:

• Under no circumstances shall it be ensured that the prices displayed on this site are accurate or that they will remain unchanged for any period of time whatsoever. Stûv America reserves the right to modify them at any time, without notice;
• you should not rely solely on the description of our products and their features on this site to determine whether or not they are suitable for your needs. You must consult an authorized Stûv dealer for this purpose;
• all Stûv America products described on this site may not be available at the time of viewing.

CONFIDENTIALITY AND PRIVACY

Privacy is a concern for everyone. We therefore wish to share with you our practices with respect to the personal information that we collect or that you provide to us in connection with your use of the site and its features. They are an integral part of the Terms and Conditions.

We are committed to protecting the information we receive and your privacy, and we therefore strictly control the way in which personal information is used and disclosed. Stûv America does not sell, market or rent your information to third parties.

Information that you provide yourself:

We receive and store all information you enter on our site or otherwise provide to us. You may choose not to provide certain information, but by doing so, you may be prevented access to some of our services. We use the data collected to, among other things, meet your needs.

For the site’s browsing features to be fully functional, your computer and the site server exchange some technical information. This information is fragmented and does not enable your identification.

The information we collect about you:

Cookies are small text files that are downloaded when you visit our site and stored in the memory of the device you are using.

Cookies are used to:

• update and optimize our site based on the use you make of it and on your needs;
• ensure that the ads we have already presented to you are not shown to you again.

We use the “Google Analytics” platform to analyze the use of the site for statistical purposes, marketing research and service improvements, including that of this site. The following information may be collected through a cookie:

• your IP address;
• your Internet service provider;
• the day and time of the start and end of the visit;
• selected browser language;
• the region or municipality, determined by the IP address;
• browser type and version;
• operating system type and version;
• the type and model of device (telephone, tablet or computer);
• domain name of previous site visited;
• the addresses of the pages visited on the site;
• your activities (ex.: clicks, screen scrolling) on the site;
• the point of origin (banners, emails, social networks, print publications, advertisers’ websites) of your visit;
• the type of clientele to which you belong (ex.: individuals, groups or organizations);
• the category of customers to which you belong (residential or commercial);
• the screen resolution of the device you are using.

This information may also be used by us to design, improve or market products and services.

This information is collected and stored by Google on servers that may be located outside Canada. However, this information is not shared by us with external parties, except in limited circumstances, such as when we are required to do so by law. If you do not want information about your visits to our site to be collected and evaluated by Google Analytics, you may object. This means that “Google Analytics” will anonymize the information it collects or stop collecting information, depending on the type of objection you choose. This opposition requires you to accept that a cookie be placed on your computer by “Google Analytics”. You can request an objection by clicking on the appropriate link in the section of the Google Analytics website that contains the privacy policy (https://tools.google.com/dlpage/gaoptout).

For more information about Google Analytics and its privacy policy, please refer to the Privacy Policy at  http://www.google.com/intl/fr/policies/privacy/.

APPLICABLE LAWS

Your use of the site and the Terms of Use are governed by the laws applicable in the province of Quebec. You hereby acknowledge that any dispute relating to your use of the site or the Terms shall be submitted to the jurisdiction of the courts of the Province of Quebec, in the judicial district of Montreal.

The person responsible for applying the Act respecting access to documents held by public bodies and the Protection of personal information is also responsible for ensuring compliance with this policy.  To make a comment or a complaint about non-compliance with this policy, you can contact our Data Protection Officer at the following email address: dpo@stuvamerica.com

If you suffer any damage or disagree in any way with the provisions of these Terms and Conditions, you must leave this site.