TERMS & CONDITIONS
TERMS AND CONDITIONS OF SALE
This agreement (the "Agreement") sets forth the terms and conditions that apply to the purchase of products and/or services (the "Product(s)") from APP Group (Canada) Inc., also known as Mackage. Mackage reserves the right to change the Agreement without prior written notice at any time, at Mackage’s sole discretion.
The terms "you" and "your" refer to the purchaser of Products using the www.mackage.eu website (the "Website").
By using the Website to make online purchases of products, you agree to be bound by and accept the terms and conditions set forth in the Agreement, and you represent that you are of legal age to enter into the Agreement and become bound by its terms. The Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Except as expressly provided for in the Agreement, Mackage does not make or give any representation or warranty with respect to the Products you may purchase from the Website and Mackage’s liability is limited.
CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Mackage over the Internet or by e-mail, and that the Agreement (together with any applicable Order Confirmation(s) accepted by Mackage as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between you and Mackage. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
OTHER DOCUMENTS, AGREEMENTS AND POLICIES
Your use of the Website is governed by separate Terms and Conditions of Use and by our Privacy Policy (the "Other Policies"). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of the Agreement shall supersede and take precedence over the provisions of the Other Policies; in the event of any inconsistency between the provisions of the Agreement and those of the Other Policies, the provisions of the Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of the Website.
ORDER CONFIRMATION
Before submitting an order for the purchase of Products using the Website, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping, duties (if applicable) and taxes. When you submit your order, such order will constitute an offer from you to Mackage to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Mackage until accepted by Mackage. Mackage’s acceptance of your order is evidenced by (i) return e-mail from Mackage indicating that your order has been accepted; and (ii) the actual shipment of the Products by Mackage to you.
CANCELLATION
Mackage reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Mackage will issue a full refund.
PRICE
All prices quoted are payable in Euro for purchases made on the European online store. Although Mackage strives to provide accurate product and pricing information, errors may occur. Mackage reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Mackage cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the Website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Mackage may, at its sole discretion, refuse or cancel your order, whether before or after Mackage’s acceptance thereof. If there is such an error in pricing, Mackage will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
PRICE INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CAN DOLLARS.PAYMENT TERMS
Terms of payment shall be determined at Mackage’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Mackage. Any payments made by credit card are subject to the approval of the financial institution that has issued your credit card.
PRODUCT INFORMATION AND AVAILABILITY
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Mackage may revise or cease to make available any Products at any time without prior notice. In the event that Mackage is unable to deliver to you a Product ordered due to lack of availability, Mackage will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Mackage may, in its sole discretion, contact you in order to give you the option to maintain your order subject to a revised delivery time if and when the Product becomes available.
Mackage attempts to be as accurate as possible in describing all Products available for sale and/or distribution by Mackage. However, Mackage does not warrant that Product descriptions or other content of the Website are always accurate, complete, reliable, current or error-free.
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY MACKAGE ARE AVAILABLE ONLY IN EUROPE AND THIS ONLINE STORE IS DIRECTED ONLY AT CUSTOMERS AND PROSPECTIVE CUSTOMERS IN EUROPE.
SHIPPING AND TAXES
Mackage will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Mackage are estimates only. Mackage shall not be responsible for any damages or costs resulting from any delays in delivery.
MACKAGE WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN EUROPE FOR PURCHASES MADE ON THE EUROPE ONLINE STORE.
FEDEX AND DHL REQUIRE, UPON DELIVERY, AN ADULT SIGNATURE AS A PROOF OF DELIVERY SO PLEASE ENSURE SOMEONE IS AVAILABLE TO RECEIVE THE PARCEL ON YOUR BEHALF.
Unless otherwise stated, all prices showing on the Website do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping, handling and taxes will be shown on the Order Confirmation for each Order, as applicable.
OWNERSHIP AND RISK OF LOSS
All Product(s) purchased from Mackage are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of remittance by Mackage of the Product(s) to the third party delivery company. Any claim by you for a failed delivery shall be made by you directly with the shipping company (ex: FedEx, DHL) and we will try and assist you in expediting the claim.
RETURNS
All Product returns are subject to Mackage’s Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, MACKAGE DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL MACKAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY MACKAGE OR OTHERWISE RELATED TO THE AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.MACKAGE.EU WEBSITE, EVEN IF MACKAGE OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL MACKAGE’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THE AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL MACKAGE BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, MACKAGE’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF MACKAGE.
CERTAIN FEDERAL OR PROVINCIAL LAWS, AS APPLICABLE, MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For the purposes of this section, "Mackage" shall include Mackage’s affiliates and Mackage’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This section shall survive the termination or expiry of the Agreement.
GOVERNING LAW AND JURISDICTION
The Website is controlled and operated by Mackage from Montreal, Province of Quebec, Canada. The Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and Mackage in respect to the Agreement and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
EXPORT
Products sold or delivered under the Agreement shall be subject to the export control laws and regulations of the United States of America. You agree to comply at all times with all such laws and regulations. You will defend, indemnify and hold Mackage harmless against all claims, damages or liability resulting from breach of the foregoing.
It is expressly agreed between the parties hereto that the purchase of products with the intent of commercially exporting them is strictly prohibited.
HEADINGS
The headings of the Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of the Agreement.
NO ASSIGNMENT
You may not assign your rights or obligations under the Agreement without the express written consent of Mackage.
SUCCESSORS AND ASSIGNS
The Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
SEVERABILITY
The provisions of the Agreement shall be deemed severable. In the event that any provision of the Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Mackage relating to the subject matter hereof, the use of the Website and any transactions conducted on or from the Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Mackage making such amendments or modifications available to it pursuant to the Agreement.
NO WAIVER
The failure of Mackage to enforce any provision of the Agreement or to respond to a breach by you or any third party of the Agreement shall not in any way waive the right of Mackage to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
TERMINATION
Mackage reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.
PRICE ADJUSTMENT CLAUSE
Mackage offers a one (1) time price adjustment if an item is marked down within fourteen (14) days of the purchase date and your request is made in this period. This excludes items purchased in following conditions: FINAL SALE/Flash Sale or with a Promotional/ Discount Code. To obtain a price adjustment on a purchase made through www.mackage.eu, please contact us at 1-855-622-5243 or via e-mail at [email protected] and reference your order number and item that requires the adjustment. If approved, a refund of the difference will be issued in the original form of payment in three (3) business days.
TERMS AND CONDITIONS OF USE
This agreement (the "Agreement") governs your access to and use of the website www.mackage.eu (the "Website"). The Website shall be used for personal non-commercial use and information only. By using the Website, you agree to comply with and be bound by the Agreement. If you do not agree with the terms and conditions of the Agreement, please do not use the Website.
GENERAL
The Website is the property of APP Group (Canada) Inc., a US company having its head office at 260 West, 39th Street, 8th Floor, New York, NY 10018. The Website is operated by APP Group (Canada) Inc., also known as Mackage. Mackage reserves the right to change the terms and conditions of the Agreement without prior written notice at any time, at Mackage’s sole discretion.
OTHER SITE POLICIES
Your use and purchase of products on the Website is governed by the Terms and Conditions of Sale and by the Privacy Policy (the "Other Policies"). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein.
The Other Policies are incorporated in the Agreement by reference and, therefore, apply to your access to, use of and purchase of products from the Website. If you do not agree to the Other Policies, please do not use the Website.
OUR ACCOUNT
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Website is directed for use by adults. Those under the age of majority should not use the Website. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Website on your behalf and you should not use the Website on your own or provide any personal information to Mackage. Mackage does not knowingly collect information from minors. Mackage and its affiliates reserve the right to refuse service, terminate accounts or cancel orders at their sole discretion.
PRIVACY
We recommend that you read our Privacy Policy, which explains our online privacy practices. Your continued use of the Website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by Mackage in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same as amended from time to time.
LICENSE AND SITE ACCESS
The viewing, printing or downloading of any graphic, form, document or other content from the Website grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
This license does not include any resale of the Website or its contents; any collection of price listings, descriptions of prices; any other derivative use of the Website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including but not limited to, images, text, page layout or form of Mackage or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mackage’s name or trademarks without the express written consent of Mackage. Any unauthorized use of the Website and its content terminates the license granted by Mackage.
USER’S SUBMISSIONS
You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the "Material") you submit to Mackage is legal and does not violate any right of any third party, including privacy and intellectual property rights.
By disclosing, submitting or offering any Material to Mackage, you grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media.
You are and shall remain solely responsible for any Material you disclose, submit or offer to Mackage.
COPYRIGHT
All content on the Website, including but not limited to works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Mackage or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Mackage or its content suppliers, as the case may be.
Mackage and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Mackage and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Website and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of the Content expressly authorized in writing by Mackage or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws. Nothing in the Website is to be interpreted as conferring a right to use the Content or the material protected by the Copyright Act.
TRADEMARKS
Mackage is a registered trademark in Canada, the United States of America and elsewhere around the world. All rights are reserved. These and any other trademark, service mark and trade dress of Mackage, including, but not limited to, any mark that incorporates the word "Mackage" or the domain name "mackage.eu", may not be used by you in any manner for any purpose without the prior express written consent of Mackage.
All other trademarks, service marks and trade dress not owned by Mackage that appear on the Website are the property of the respective owners (the "Third Party Owners"), who may or may not be affiliated with, connected to, or sponsored by Mackage.
Mackage and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on the Website in any manner for any purpose without the prior express written consent of Mackage or the respective Third Party Owner, as the case may be.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Mackage immediately.
Mackage’s copyright agent for notice of claims of copyright infringement can be reached at [email protected].
LINKS TO THIRD PARTY WEBSITES
The Website may provide hyperlinks to third party websites (the "Third Party Website"). Mackage does not operate, control, endorse or guarantee any Third Party Website. You agree that Mackage is not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on the Website, please carefully read the conditions of use policy and other policies of such Third Party Website. The Agreement and other policies do not apply to any Third Party Website.
Mackage provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, Mackage does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY MACKAGE, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS MACKAGE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
LINKS TO THE WEBSITE
Please contact Mackage by e-mail at [email protected] if you are interested in linking a website to the Website. You must obtain Mackage’s express written consent prior to linking any website to the Website.
DISCLAIMERS AND LIMITATION OF LIABILITY
MACKAGE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE WEBSITE IS PROVIDED BY MACKAGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MACKAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, MACKAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. MACKAGE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM THE WEBSITE OR MACKAGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACKAGE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE WEBSITE. YOU UNDERSTAND THAT THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF MACKAGE. MACKAGE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN PROVINCIAL, STATE AND FEDERAL LAWS, AS THE CASE MAY BE, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL DAMAGES AND OTHER HARM RESULTING FROM YOUR USE OF THE WEBSITE AND ITS CONTENT. MACKAGE SHALL NOT BE DEEMED LIABLE FOR ANY USE OF THE WEBSITE AND ITS CONTENT MADE BY YOU IN VIOLATION OF ANY APPLICABLE LAWS AND REGULATIONS AND THIS AGREEMENT.
INDEMNIFICATION
You agree to indemnify, defend and hold Mackage harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the Website and/or your breach of the Agreement.
MODIFICATION
Mackage reserves the right in its sole discretion to make changes to the Agreement at any time and without specific notice to you. By using the Website after any such change, you agree to comply with and be bound by the Agreement as changed. If you do not agree to the Agreement as it may be changed from time to time, please do not use the Website. You should access this page periodically to review the most recent version of the Agreement. Mackage reserves the right in its sole discretion to edit, delete or otherwise modify any documents, information or other content appearing on the Website.
COOKIES
We may use "cookies" or enlist third party services which use cookies to track your preferences and activities on the Website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Website’s functions will not available, and the user will lose some of the benefits of the site.
DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise between you and Mackage in respect to the Agreement and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
GOVERNING LAW AND JURISDICTION
The Website is controlled and operated by Mackage from Montreal, Province of Quebec, Canada. The Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
NO ASSIGNMENT
You may not assign your rights or obligations under the Agreement without the express written consent of Mackage.
SUCCESSORS AND ASSIGNS
The Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
SEVERABILITY
The provisions of the Agreement shall be deemed severable. In the event that any provision of the Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Mackage relating to the subject matter hereof, the use of the Website and any transactions conducted on or from the Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Mackage making such amendments or modifications available to it pursuant to the Agreement.
HEADINGS
The headings of the Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of the Agreement.
NO WAIVER
The failure of Mackage to enforce any provision of the Agreement or to respond to a breach by you or any third party of the Agreement shall not in any way waive the right of Mackage to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
TERMINATION
Mackage reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.
PHYSICAL CARD LANGUAGE
Gift Cards can only be redeemed in Mackage stores and online in the same country of purchase. Mackage is not responsible for lost, stolen or damaged cards. Protect this card like cash.
GIFT CARD TERMS AND CONDITIONS
By purchasing or by using a Gift Card, you agree to bound by the present Gift Cards Terms and Conditions and the broader Terms & Conditions available at https://www.mackage.eu/pages/terms-and-conditions (collectively the “Terms”).
These Terms may be amended or modified by Mackage at any time without prior notice except if notice is required by law. Your continued use of the Gift Cards following any amendment or modification of these Terms constitutes your agreement to the revised Terms
Unauthorized Retailer – Gift Cards are only valid if purchased in a Mackage store or online. Mackage is not liable for Gift Cards purchased or obtained from nonauthorized Mackage retailers. Mackage is not obligated to honor invalid Gift Cards or balances that have been misrepresented or are incorrect.
Confirmation Digital Gift Card — As with any online purchase, you will receive both a confirmation email for your purchase and an email for the digital Gift Card.
Redemption – Gift Cards can only be redeemed in Mackage stores and online.
Usage locations — All Gift Cards must be redeemed in the same country of purchase either in-store or online. Euro denominated Gift Cards may be used in any Mackage store located in Europe and at Mackage.eu.
Denominations — Gift Cards may be set in CAD, USD, Euro and GBP denominations. Once purchased, Gift Card currency denomination may not be changed.
Purchase and Transaction Limit — If purchased online, the maximum value and transaction of each Gift Card is CA$1,000, US$1,000, €1,000 or £1,000 depending on the country it was purchased. If purchased in-store, the maximum value and transaction of each Gift Card is CA$3,000, US$3,000, €3,000 or £3,000 depending on the country it was purchased.
Gift Card Amount — For purchases of more than the current amount on a Gift Card, the full amount available on the Gift Card will be used first, while the balance will be applied to the other payment type. Gift Card can be used several times and remains valid until the balance is entirely spent. Max Gift Cards per Transaction — Only one (1) digital Gift Cards can be redeemed at a time. There is no maximum for physical Gift Card.
Returns — All returns for purchases made with a Gift Card will be credited on a new Gift Card according to the applicable refund policy. If multiple payment methods were used, the portion paid with a Gift Card will be refunded accordingly.
Final Sale — Gift Cards cannot be reloaded, reimbursed, redeemed and exchanged against cash except as required by law.
Tax — Sales tax will not be applied to Gift Card purchases. If other merchandise is included in your order, tax will apply only to those items. Purchases made using Gift Cards will be charged applicable taxes.
Lost or Stolen Gift Card — Mackage is not responsible for lost, stolen or damaged cards. Gift Cards have cash value and should be safeguarded accordingly. Mackage reserves the right to cancel any Gift Card obtained illegally.
Promo Codes/Gift Card — Gift Cards may not be purchased with another Gift Card or by using promotional and discount codes.
Balance — In order to view your Gift Card’s balance, please contact Customer Service.
Expiration – There are no expiration date or accrue fees on Gift Cards.
Language — Gift Cards purchased on the Canadian English, European English, US and UK Mackage site will be in English; Gift Cards purchased on the Canadian French and European French Mackage site will be in French.
Limitation of Liability — GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND MACKAGE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MACKAGE AND ITS AFFILIATES SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR ITS USE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND MACKAGE’S SOLE LIABILITY IS TO REPLACE SUCH GIFT CARD WITH AN AMOUNT EQUALED TO ITS LAST BALANCE. IN JURISDICTIONS WHERE PROHIBITED BY LAW, SOME OR ALL OF THE PROVISIONS CONTAINED IN THE FOREGOING PARAGRAPH MAY NOT APPLY.
Violation of these Terms of Use – By using a Gift Card, you agree to comply with these Terms and all applicable laws, rules, and regulations to the activities in which the Gift Card will be used. In the event that you violate any provision of any of these Terms or if, in Mackage’s sole discretion, your use of the Gifts Card is fraudulent, detrimental or damaging to Mackage in any way, Mackage reserves the right to cancel, void or refuse to accept the Gift Card without any liability to Mackage.
General Terms — Refer to the Terms of Use available at https://www.mackage.eu/pages/terms-and-conditions for additional terms and conditions. The present Gift Card Terms and Conditions and all matters relating hereto are governed by, and construed in accordance with, the laws of the Province of Quebec, Canada and applicable federal laws of Canada without regard to the conflict of law excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods and any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction. Any legal suit, action or proceeding relating to these Terms must be instituted in the courts located in Montreal, Quebec. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
CONTACT INFORMATION
If you have any question regarding the Agreement, please contact Mackage at [email protected] or 1-855-622-5243.
Updated on June 23th, 2022.