Terms of service

1. About Us

Company Name: OpalDwell

Quebec Enterprise Number (NEQ): 2280967086

Address: 4765B Rue Dubois, Drummondville, Quebec, J2E 1B8, Canada

Phone: +1 (514) 298-6709

Email: contact@opaldwell.com

Editorial Manager: OpalDwell

2. Preamble

The Company invites its Users to carefully read these Terms and Conditions of Sale and Use (hereinafter the "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 be stated on the Client's documents, including their general terms of purchase.

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

The Client is required to familiarize themselves with the T&Cs before placing any Order.

In the event of a later modification of the T&Cs, the Client is bound by the version in effect at the time of their Order.

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

3. Definitions

"Client" refers to any natural or legal person placing an Order on this Website;

"Order" refers to any order placed by a registered User on this Website to receive the Services of the Company;

"Terms and Conditions of Sale and Use" or "T&Cs" refer to these general terms and conditions of online sale and use;

"Consumer" refers to an individual buyer acting outside of their professional activity and/or not for business purposes;

"Professional" refers to a buyer, either legal or natural person, acting within the framework of their professional activity;

"Services" refers to all services offered to Users by the Company through this Website;

"Website" refers to this Website;

"Company" refers to the Company as described in Article I hereof; and

"User" refers to any person using the Website.

4. Registration

Registration on the Website is open to all legal or natural persons who are of legal age and have full legal capacity.

The use of the Services offered on the Website is contingent upon the User’s registration on the Website.

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

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

Each registered User has a unique ID and password. These are strictly personal and confidential and must not be disclosed to third parties, under penalty of deletion of the account of the violating registered User. Each registered User is personally responsible for maintaining the confidentiality of their ID and password. The Company is not liable for any identity theft of a User. If a User suspects fraud at any time, they must contact the Company immediately so that the necessary steps can be taken to rectify the situation.

Each User, whether legal or natural, can hold only one account on the Website.

In case of violation of the T&Cs, including the creation of multiple accounts for one person or providing false information, the Company reserves the right to temporarily or permanently delete all accounts created by the violating registered User.

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

In the event of account deletion by the Company for breach of the duties and obligations stated in the T&Cs, it is strictly prohibited for the violating User to re-register on the Website directly, via another email address, or through an intermediary without the express permission of the Company.

5. Service and Price

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

Services are described on the corresponding page within the Website, including all their essential characteristics. The Company cannot be held responsible if the service cannot be performed because the User is ineligible.

When a registered User wants to receive a service sold by the Company through the Website, the price indicated on the service page is the price in euros, all taxes included (TTC), and takes into account applicable discounts valid on the day of the Order. The indicated price does not include additional fees, which will be listed, if applicable, 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 price applicable at the time of the Order. For services where the price cannot be known in advance or specified with certainty, a detailed quote will be provided to the Client.

Under no circumstances can a User demand the application of discounts that are no longer in effect 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 finalize the Order by clicking the "Order" button.

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

An Order is recorded on the Website when the Client accepts the T&Cs by ticking the box provided for this purpose and confirms their Order. This confirmation constitutes proof of the sales contract. Finalizing the Order implies acceptance of the prices and conditions of the services as stated on the Website.

Once the Order is placed, the Client will receive confirmation by email. This confirmation will summarize the Order and provide information regarding the completion of the service(s).

In case of payment failure, incorrect Client address, or any 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 provided, the Client will be notified by email to the address they provided to the Company. The cancellation of the service order and its refund will be carried out in this case, while the rest of the order remains firm and final.

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

7. Payment Terms and Conditions

Unless otherwise stated, all sales are paid in full at the time of the Order.

Depending on the nature or amount of the Order, the Company reserves the right to require a deposit or the full payment of the price when placing the Order or upon receipt of the invoice.

Payment can be made by:

• Credit card

In the event of total or partial non-payment of the services by the agreed date on the invoice, the Professional Client will owe the Company a late penalty equal to the rate practiced by the European Central Bank for its refinancing operation, plus 10 percentage points. The financing operation used is the most recent at the time of the Service Order.

In addition to the late payment penalties, any amount, including the deposit, not paid on its due date will automatically incur a fixed collection fee of 40 euros for recovery costs.

In the event of total or partial non-payment of the services by the agreed date on the invoice, the Consumer Client will owe the Company a late penalty equal to the legal interest rate.

No offset can be made by the Client between late penalties for service delivery delays and amounts owed by the Client to the Company for the purchase of Services offered on the Website.

The penalty due by the Client, whether Professional or Consumer, is calculated on the total amount including taxes of the remaining sum owed and accrues from the due date of the price without the need for a prior formal notice.

In case of non-compliance with the payment conditions described above, 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 human and material resources to perform the service within the timeframes announced at the time of the Order. However, it cannot be held responsible for delays in service delivery due to factors beyond its control.

If the services have not been completed within the expected timeframe, the Client may request the termination of the sale under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The amounts paid by the Client will be refunded no later than fourteen days after the termination of the contract.

This provision does not apply if the delay is caused by the Client or by force majeure, i.e., an event that is unpredictable, irresistible, and beyond the Company’s control.

In case the physical service could not be performed or was postponed due to an error in the address provided by the Client, the costs of the provider’s travel for the failed service will be charged to the Client.