TERMS AND CONDITIONS OF USE
© All rights reserved, Productions 5 heures.
The atomiktrain.com website is a service of:
• Productions 5 heures S.E.N.C.
• Case Postale 65 Victoriaville, Victoriaville (Québec) Canada G6P 6S4
The purpose of this clause is to define the various essential terms of the contract:
• User: means any person who uses the Site or any of the services offered by the Site.
• User content: this is the data transmitted by the user within the site.
•Hosting: The hosting provider is Likuid.ca, a leading North American company with reliable equipment and quality service. The site is secured with the use of a valid private Comodo SSL certificate from a reputable provider.
Generals conditions of use
This site has been optimized for current versions of Mozilla Firefox, Internet Explorer, Google Chrome and Safari browsers.
The website www.atomiktrain.com is generally accessible to users 24/7, unless interruptions are scheduled or not for maintenance purposes or in case of force majeure. In case of impossibility of access to the service, Productions 5 heures S.E.N.C. is engage to do its utmost to restore access to the service and will then endeavour to communicate beforehand to the users, the dates and times of the intervention. Being subject only to an obligation of means, Productions 5 heures S.E.N.C.. shall not be liable for any damage of any kind resulting from unavailability of the service.
The site allows the user free access to the following services:
• News articles and videos.
• Publication of comments.
• Gifts in effect.
The site is accessible free of charge in any place to any user with Internet access. All costs incurred by the user to access the service (hardware, software, Internet connection, etc.) are at the user’s expense.
Productions 5 heures S.E.N.C. operates the site from its offices in Canada. Productions 5 heures S.E.N.C. does not make any representation to the effect that elements of the site may be used in places other than Canada and it is prohibited to access the site from territories where the legislation would prescribe that the content or use of the site is illegal. Those who choose to use the site do so on their own initiative and are responsible for complying with all applicable local laws. Any claim relating to the site and the elements it contains, or arising from the use of the site, is governed by the laws applicable in the territory of the Province of Quebec, Canada.
Productions 5 heures S.E.N.C. strives to provide as accurate information as possible and the sources of the information disseminated on the site are deemed reliable. However, the site may not be held liable for any omissions, inaccuracies or deficiencies in the update, whether on its own or on the part of the third-party partners who provide it with this information. The information given on the site is for information purposes only. Thus the user assumes sole responsibility for the use of the information and contents of this site.
Productions 5 heures S.E.N.C. does not recommend or endorse any of the reviews, products, procedures or opinions in particular that may be mentioned on the site. It is at your own risk that you trust any information provided by the site, by our employees, by persons invited by Productions 5 heures S.E.N.C. to appear on the site, or by any other visitor to the site.
Hyperlinks and references of third parties:
Many outgoing hypertext links are present on the site, however the web pages where these links lead do not involve the responsibility of Productions 5 heures S.E.N.C. which does not have control of these links. The user is therefore prohibited from committing the responsibility of the site regarding the content and resources related to these outgoing hypertext links.
Trademarks, logos, signs, photos, and any other content on the site are protected by copyright. The user requests the prior authorization of the site for any reproduction, publication, copy of the various contents. The user agrees to use the contents of the site in a strictly private setting. Use of the contents for commercial purposes is strictly prohibited.
Any content uploaded by the user is their sole responsibility. The user undertakes not to post any content that could harm the interests of third parties. Any legal action taken by an injured third party against the site will be taken by the user. The content of the user may be deleted or modified by the site at any time and for any reason. The user does not receive any justification and notification prior to the deletion or modification of the user content.
General terms of sales
2.1 Acceptance of an order
The receipt by email of an order confirmation does not automatically mean that Productions 5 heures S.E.N.C. accepts the said order and is not a confirmation that Productions 5 heures S.E.N.C. agrees to sell anything. Productions 5 heures S.E.N.C. reserves the right, without further notice, to refuse to do business with any customer and/or to set a quantity limit for any item of an order. It may be necessary for Productions 5 heures S.E.N.C., at any time, to verify personal information before accepting any order.
The price payable for each product you order is the one appearing next to each product offered on the site. Transportation and delivery charges, as well as applicable sales taxes, are extra.
Productions 5 heures S.E.N.C. reserves the right to change at any time the price of the products offered on the site, without notice. All prices are in Canadian dollars. The prices of the products on the site may differ from the prices offered for the same products in other stores.
2.3 Product returns
You may return products to Productions 5 heures S.E.N.C. at any time until the expiration of the 10th day following their receipt at the following address: Productions 5 heures S.E.N.C., Case Postale 65 Victoriaville, Victoriaville (Québec) Canada G6P 6S4. The products must be accompanied by the invoice and the order number. You must provide justification to Productions 5 heures S.E.N.C. in such a case.
You will be responsible for the delivery costs and risks for the returned products, unless Productions 5 heures S.E.N.C. has not delivered the products you ordered or has delivered damaged or defective products to you, in which case Productions 5 hours S.E.N.C. will assume the transportation costs and risks, insofar as you return the products through an economical postal service. Please note that we do not refund products that have been removed from their original packaging or, in the case of books, when damaged or when the cover is folded, unless the products are defective.
If an item is defective and returned within 30 days of purchase, it will be exchanged for a new copy of the same product. Upon receipt of the returned products, Productions 5 heures S.E.N.C. will reimburse you the amount paid, except delivery costs, by sending a cheque by mail as soon as possible, provided, however, that the returned products have been returned by you and received by Productions 5 heures S.E.N.C. in the same condition as they were when they were delivered to you.
2.4 Product availability
In the event that Productions 5 heures S.E.N.C. has to wait until one or more out-of-stock items become available, your order may be retained before shipping. Productions 5 heures S.E.N.C. does not guarantee the availability of the products offered on the Site. If Productions 5 heures S.E.N.C. cannot deliver any of the products you ordered due to a shortage of stock, Productions 5 heures S.E.N.C. will notify you by e-mail when the products ordered that were not in stock will become available. You will then have the following options:
- Request that the products are delivered to you, in which case a payment will be taken from your Paypal account or credit card, as the case may be, for these products, before the products are delivered to you.
- Refuse to have these products delivered to you, in which case no payment will be taken from your Paypal account or your credit card for these products. Productions 5 hours S.E.N.C. will not be responsible at any time for any damage that you may have suffered due to a shortage of stock.
2.5 Product delivery
Productions 5 heures S.E.N.C. will deliver the products ordered by you to the address that you will have transmitted at the time of your order. The delivery costs correspond to a product ordered. The delivery will be made by Productions 5 hours S.E.N.C. as soon as possible after the acceptance of your order. You will become the owner of the products you have ordered when they are handed over by Productions 5 heures S.E.N.C. to the transport company. From this moment on, you will be required to assume the risks and Productions 5 heures S.E.N.C. will not be responsible for their loss or destruction. For any product delivered outside Canada, you are responsible for all costs associated with customs clearance and any other costs associated with exporting outside Canada.
The delivery of the products is subject to the rules of the delivery companies with which Productions 5 heures S.E.N.C. does business, in this case Canada Post, and the rules of any other business with which Productions 5 heures S.E.N.C. may deal from time to time. In particular, you are subject to the rules concerning the signing of an acknowledgement of receipt of the products if applicable. If you are away from the location where you asked Productions 5 hours S.E.N.C. to deliver the products to you, it will be your responsibility to retrieve the products according to the rules of the delivery company. Productions 5 heures S.E.N.C. must have received full payment for the products that must be delivered to you before proceeding with their delivery.
2.6 Content subject to individual subscription
Certain content and/or services of the site may be offered to you under the condition that you subscribe to a subscription. If you choose to acquire subscribed content or services and you submit a request to Productions 5 heures S.E.N.C. to do so, you certify that you are at least 18 years old, that all information you submit is accurate and true and that you agree to pay all subscription fees and all related taxes. You may terminate your subscription to any paid content and/or services at any time within thirty (30) days of the date of purchase by contacting email@example.com for a full refund. You will not be entitled to any refund if you terminate your subscription after this initial thirty (30) day period.
Your subscription applies to you only. You cannot transfer your account name and password to third parties or allow them to use them, including your office colleagues. Any dissemination of your account name and password may lead to the cancellation of your subscription without any refund, accompanied by additional fees based on their unauthorized use.
In the event that the liability of Productions 5 heures S.E.N.C. to you may be withheld, it will be limited to an amount of money equal to the price you paid for the returned products. Notwithstanding the foregoing, nothing in this section shall be construed to limit any right you may have as a consumer under any law of public policy that may be applicable to you.
2.8 Force majeure
5 Hour Productions 5 heures S.E.N.C. will not be liable for any breach, in whole or in part, of any of its obligations to you, nor for any damages or losses that you may incur, if the non-performance, damage or loss results from a case of force majeure or from a circumstance beyond its control.
Publication by the User
The site allows members to post comments. In its publications, the member undertakes to respect the rules of the Netiquette and the rules of law in force. The site exercises a priori/a posteriori moderation on publications and reserves the right to refuse their posting online, without having to justify it to the member.
The Member shall retain all intellectual property rights. But by publishing a publication on the site, it assigns to the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute its publication, directly or by an authorized third party, worldwide, on any medium, digital or physical, for the duration of the intellectual property. In particular, the member assigns the right to use his publication on the internet and on mobile telephony networks. The site undertakes to include the name of the member in the vicinity of each use of its publication.
Evolution of the contract
The site reserves the right at any time to modify the clauses stipulated in this contract.
The term of this contract is indefinite. The contract is effective with respect to the user from the use of the service.
The user understands and accepts the pricing, regulations and all of the above mentioned clauses.
Both this site and the terms and conditions of its use are governed by Quebec and Canadian rights regardless of the place of use. In the event of a possible dispute, and after the failure of any attempt to find an amicable solution, the Quebec/Canadian courts will be the only ones competent to hear this dispute.