Terms of Service

Terms & Conditions

This website is owned by Groupe Yellow Inc. (hereinafter “YELLOW”) who owns the brand Konkrete, and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

Your account
If you use this site, 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. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to YELLOW. YELLOW does not knowingly collect information from children under the age of 13. YELLOW and its affiliates reserve the right to refuse service terminate accounts or cancel orders in their sole discretion.

Sale contracts

Orders placed by the Customer via www.konkrete.ca (hereinafter referred to as the “Website”), for the products offered by YELLOW through the Website are only considered as an offer to conclude a sales contract. The sales contract is only concluded once an e-mail confirmation by YELLOW is received by the Customer. The e-mail by means of which Konkrete confirms the receipt of the order to the Customer does not qualify as confirmation of the order.

The contract partner of the Customer is Groupe Yellow Inc.

Yellow decides at its sole discretion whether or not to accept any order. Should YELLOW not respond within 10 business days after the order has been placed, the order shall be deemed rejected.

All information provided by YELLOW, whether through electronic communication means or by telephone, shall be as accurate as reasonably possible. However, YELLOW shall not be liable for any error encountered. In particular, delivery data shall be considered solely indicative and the images of products offered on the Website are for illustration purposes only. YELLOW shall not be bound thereby in any way whatsoever.

YELLOW shall be free to employ the services of third parties in order to fulfill its obligations under a sales contract.

Modifications to terms and conditions

YELLOW reserves the right to modify, to add and to remove parts of its terms and conditions at any time and at its discretion. Please verify regularly if any changes have been made to YELLOW’s Terms and Conditions. The use of this Website following the implementation of these modifications on the Website signifies your accord in relation to the modifications in question.

Order
Before submitting an order for the purchase of Products using this 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 and taxes. To the extent not deemed otherwise in virtue of the Quebec Consumer Protection Act, when you submit your order (by pressing the [“Confirm”] button), such order will constitute an offer from you to YELLOW 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 YELLOW until accepted by YELLOW. YELLOW’s acceptance of your order is evidenced by return e-mail from YELLOW indicating that your order has been accepted.

Cancellation
YELLOW 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, YELLOW will issue a full refund.

Price
All prices quoted are payable in Canadian Dollars. Although YELLOW strives to provide accurate product and pricing information, errors may occur. YELLOW 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. YELLOW 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 www.konkrete.ca  website and/or the Order Confirmation) is incorrect due to an error in pricing or product information,  YELLOW may, at its sole discretion, refuse or cancel your order, whether before or after YELLOW’s acceptance thereof. If there is such an error in pricing, YELLOW 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.

Payment terms
Terms of payment shall be determined at YELLOW’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by YELLOW.  Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

Product availability
The availability of certain Products may be limited, and Products may not be available for immediate delivery. YELLOW may revise or cease to make available any Products at any time without prior notice. In the event that YELLOW is unable to deliver you a Product ordered due to lack of availability, YELLOW will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that YELLOW may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY YELLOW ARE AVAILABLE ONLY IN CANADA AND THIS SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS.

Shipping; Taxes
YELLOW 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. YELLOW WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN CANADA. Delivery times provided by YELLOW are estimates only. YELLOW shall not be responsible for any damages or costs resulting from any delays in delivery.

Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.

Ownership; Risk of Loss
All Product(s) purchased from YELLOW 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 delivery by YELLOW of the Product(s) to the third party delivery company.

Returns
All Product returns are subject to the Konkrete Return Policy the terms of which are incorporated herein by reference. Some restrictions may apply.

Filing of Complaints

In case a Customer wishes to file a written complaint regarding the conclusion or the execution of a sales contract following an order made via the Website, the Customer is entitled to do so at the following address:

Mailing Address: 
ATTN: KONKRETE CUSTOMER SERVICE

GROUPE YELLOW INC.
5680 rue St-Dominique 
Montréal, Québec
H2T 1V6
Canada

In case a Customer wishes to file a verbal complaint regarding the conclusion or the execution of a sales contract following an order made via the Website, the Customer is entitled to do so. Please call customer service toll free at 1-844-360-9757 or in Montréal at 1-514-360-9757, Mon-Thu 9am to 5pm and Fri 9am to 1pm

Reservation of Title

All products delivered by Konkrete remain the property of YELLOW until such time as the Customer has paid in full all amounts owed to YELLOW in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.

Delivery of products

Delivery of a product shall be made to the address stipulated by the Customer during the order process. YELLOW reserves the right to deliver products ordered partially.

Limitation of liability

YELLOW WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

Jurisdiction

All disputes existing or arising between parties shall be heard exclusively by the competent Quebec court, unless the law provides for another mandatory forum.

Force majeure

YELLOW is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or permanently, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout; delay in the provision of parts to YELLOW, goods or services ordered from third parties other than by circumstances to be imputed to YELLOW; accidents and interruptions of business operations.

In the case of force majeure on the part of YELLOW, its obligations are suspended. Should the force majeure last longer than three months, both YELLOW and the Customer are authorized to cancel the non-feasible parts of their agreement through a written declaration.

Intellectual Property

All trademarks, logos, service marks and trade names are proprietary to www.konkrete.ca, YELLOW, or other respective owners that have granted the Site the right and license to use such intellectual property.

The Customer will in no event be granted YELLOWS’s proprietary rights. In particular, the Customer shall not register or use YELLOW’s proprietary rights in any manner whatsoever.

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