Terms of service

1. About Us

  1. Operating Manager: OpalDwell
  2. Quebec Enterprise Number (NEQ): 2280967086
  3. Postal Address: 4765B Rue Dubois, Drummondville, Quebec, J2E 1B8, Canada
  4. Phone: +15142986709
  5. Email: contact@opaldwell.com
  6. Content Manager: OpalDwell
  7. Response Time: We respond within 2 business days (24-48 hours), Monday to Friday, from 9:00 AM to 5:00 PM.
  8. Business Hours: Monday to Friday, 9:00 AM to 5:00 PM.

2. Preamble

The Company invites its Users to read carefully these Terms and Conditions of Sale and Use (hereinafter "T&Cs"). The T&Cs apply to all Services provided by the Company to its Clients of the same category, regardless of any clauses that may appear in the Client's documents, including their general terms and conditions of purchase.

The T&Cs are always made available to the Client upon request.

The Client must read the T&Cs before placing any Order.

In case of subsequent modifications to the T&Cs, the Client will be subject to the version in effect at the time of their Order.

The data recorded in the Company’s computer system constitute proof of the transactions concluded with the Client.

3. Definitions

  • "Client" refers to any individual or legal entity placing an Order on this Website;
  • "Order" refers to any order placed by the registered User on this Website, in order to benefit from the Company’s Services;
  • "Terms and Conditions of Sale and Use" or "T&Cs" refers to these terms and conditions of online sale and use;
  • "Consumer" refers to the individual buyer who is not acting for professional needs and/or outside their professional activity;
  • "Professional" refers to the individual or legal entity buyer acting in the course of their professional activity;
  • "Services" refers to all services offered to Users by the Company through this Website;
  • "Website" refers to this Website: https://www.opaldwell.com
  • "Company" refers to the Company, as detailed in article I of these terms; and
  • "User" refers to any person using the Website.

4. Registration

Registration on the Website is open to all individuals or legal entities who are of legal age and fully capable.

Use of the Services offered on the Website is conditional on the User’s registration on the Website.

To register, the User must fill out all mandatory fields; without this, the service cannot be provided. If not completed, the registration cannot be finalized.

Users guarantee and declare that all information provided on the Website, especially during registration, is accurate and true. They commit to updating their personal information on their dedicated page available in their account.

Each registered User is assigned a username and password. These are strictly personal and confidential, and must not be shared with third parties, or the account may be deleted. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will not be held liable for identity theft. If a User suspects fraud at any time, they must contact the Company as soon as possible to take the necessary measures and resolve the situation.

Each User, whether an individual or legal entity, may only have one account on the Website.

In case of non-compliance with the T&Cs, including creating multiple accounts for one person or providing false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending registered User.

Account deletion results in the permanent loss of all benefits and services acquired on the Website. However, any Order placed and invoiced before account deletion will be executed under normal conditions.

If the Company deletes an account due to failure to meet the obligations outlined in the T&Cs, it is strictly prohibited for the offending User to re-register on the Website, either directly, through a different email address, or by proxy, without the express permission of the Company.

5. Service Provision and Price

The Services covered by the T&Cs are those listed on the Website and offered directly by the Company or its partner providers.

The services are described on the corresponding page of the Website, and all their essential characteristics are mentioned. The Company cannot be held responsible for the inability to perform the service if the User is not eligible.

When a registered User wishes to obtain a service offered by the Company on the Website, the price shown on the service page corresponds to the price in euros, including all taxes (TTC), and includes applicable discounts on the day of the Order. The price does not include additional costs, which will be displayed in the summary before placing the order.

The Company reserves the right to change its prices at any time. It commits to invoicing services at the rate applicable at the time of their Order. For services whose price cannot be determined in advance, a detailed quote will be provided to the Client.

Under no circumstances can a User demand the application of discounts that are no longer valid on the day of the Order.

6. Orders

An Order can only be placed once the User has registered on the Website. When logged into their account, the User can add Services to their virtual cart. They can then view the summary of their cart to confirm the Services they wish to order and place the Order by clicking on the “Order” button.

The User must then provide their address, choose the delivery method, and provide a valid payment method to complete the order and effectively form the sales contract with the Company.

An Order is recorded when the Client accepts the T&Cs by checking the box provided for this purpose and confirms their Order. This confirmation constitutes proof of the sales contract. The completion of the Order implies acceptance of the prices and terms of service as indicated on the Website.

Once the Order is placed, the Client will receive an email confirming the Order. This confirmation will summarize the Order and provide information about the service(s) to be performed.

In case of payment failure, incorrect address, or any other issue with the Client's account, the Company reserves the right to block the Client's order until the issue is resolved. If the service cannot be performed, the Client will be notified by email at the address they provided. In this case, the Order for this service will be canceled, and the Client will receive a refund. The rest of the order will remain firm and final.

The Company may offer the Client discounts, rebates, or price reductions depending on the number of Services ordered or the frequency of Orders, under the conditions set by the Company.

7. Payment Terms and Conditions

Unless otherwise stated, all sales are paid for in full at the time the Order is placed.

Depending on the nature or amount of the Order, the Company may require a deposit or full payment at the time of placing the Order or upon receipt of the invoice.

Payment can be made by:

  • Credit Card

In the event of non-payment (partial or total) by the due date, the Professional Client must pay a late fee equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The relevant refinancing operation is the most recent one as of the Order date.

In addition to the late fees, any unpaid amount, including the deposit, will incur a fixed collection fee of $47.

In the case of non-payment (partial or total) by the due date, the Consumer Client must pay a late fee equal to the legal interest rate.

No offset can be made by the Client between late fees for the services ordered and amounts due to the Company for the purchase of Services on the Website.

Late penalties are calculated based on the total amount owed, including taxes, and apply from the payment due date, without prior notice.

In case of non-compliance with the payment terms, the Company reserves the right to cancel or suspend the sale.

8. Service Delivery

The service ordered on the Website will be provided by:

  • The Company

The Company commits to using all necessary resources to complete the service within the timeframes stated when the Order is placed. However, it cannot be held responsible for delays in service delivery due to reasons beyond its control.

If services are not completed within the specified time, the Client may request the cancellation of the sale in accordance with articles L216-2 and L216-3 of the Consumer Code. The amounts paid by the Client will be refunded within fourteen days following the date of contract termination.

This provision does not apply when the Company's delay is due to the Client’s fault or a case of force majeure.

If the service cannot be performed or is postponed due to an error in the Client’s address, the travel costs of the service provider mandated by the Company to perform the failed service will be at the Client’s expense.

9. Claims

For all Orders placed on the Website, the Client has the right to file a claim within 30 days of service delivery.

To exercise this right, the Client must send the Company an email outlining their reservations and claims, along with any supporting documentation.

A claim that does not meet the above conditions will not be accepted.

After reviewing the claim, the Website may, where appropriate, replace or refund the service at its expense and as soon as possible.

10. Consumer's Right of Withdrawal

The Consumer has the right to withdraw from the contract within 30 days from the Order date, except for the products mentioned in article L221-28 of the Consumer Code, as reproduced below:

(Full list of exceptions to the right of withdrawal...)

To exercise this right of withdrawal, the Consumer must send a statement to: contact@opaldwell.com

They will be refunded for the full amount paid for the service within 14 days after the Company becomes aware of their withdrawal request. The refund will be made using the same payment method as the one used for the purchase.

However, if the service has already started before the Company is notified of the withdrawal, the value of the service already provided will be deducted from the refund.

11. Processing of Personal Data

Registration on the Website involves the processing of the Client's personal data. If the Client refuses to allow their data to be processed, they are requested not to use the Website.

This processing is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

The Client has the right to access, rectify, modify, and oppose the processing of their personal data at any time by writing to: contact@opaldwell.com

12. Sharing of Collected Data

The Website may use third-party companies to perform certain operations. By using the Website, the Client agrees that third-party companies may access their data to ensure the proper functioning of the Website.

These third parties only have access to the data collected for the specific purpose of completing a task.

The Website remains responsible for the processing of these data.

Users may receive commercial offers from the Company or its partners. Users can opt out of receiving these offers at any time.

13. Data Protection

The Company ensures an appropriate level of security based on the risks and their probability, in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures do not constitute a guarantee, and the Company is not obligated to guarantee the security of the data.

14. Cookies

To optimize User navigation and the functionality of various interfaces and applications, the Company may place a cookie on the User's computer. This cookie stores information about navigation and any data entered by the User.

The User gives express consent for the Company to place a "cookie" file on their hard drive.

The User can block, modify the duration of retention, or delete this cookie via their browser settings.

15. Changes

The Company reserves the right to modify the Website, the services offered, the T&Cs, and any delivery procedures or other elements of the services provided by the Company.

When placing an Order, the User is bound by the T&Cs in effect at the time of the Order.

16. Liability

The Company cannot be held responsible for the temporary or permanent unavailability of the Website and, although it takes all necessary measures to ensure continuous service, it may be interrupted at any time. The Company may also intentionally make the Website unavailable for updates, improvements, or maintenance.

As previously mentioned, the Company is not responsible for delays in service delivery due to circumstances beyond its control.

17. Intellectual Property

The brand, logo, and graphic charter of the Website are registered trademarks with the INPI and protected works under intellectual property law, exclusively owned by the Company. Any unauthorized reproduction, distribution, or public display will expose the infringer to civil and criminal proceedings.

18. Jurisdiction Clause

The law governing the T&Cs is French law. Any disputes arising between the Company and a User during the execution of these terms will first be subject to an amicable resolution. If not resolved, the disputes will be brought to the competent courts.

The Client is informed that they can resort to conventional mediation through the Consumer Mediation Commission or other relevant bodies.

19. Pre-contractual Information

Before placing an Order, the Client acknowledges having been provided with clear and understandable information on the T&Cs and the details required under Articles L111-1 to L111-7 of the Consumer Code, including:

  • Key features of the Services;
  • Price of the Services;
  • Service delivery date or timeframe;
  • Company’s identity (contact details);
  • Legal and contractual guarantees and their implementation;
  • Possibility of using conventional mediation;
  • Information on the right of withdrawal (timeframe, methods).

Placing an Order on the Website constitutes acceptance of the T&Cs. The Client cannot invoke any conflicting document.