Fruits & Passion Boutiques Inc. (hereinafter referred to as "Fruits & Passion") operates the Fruits & Passion Web site (hereinafter referred to as the "Site"). Use of the Site is governed by the terms and conditions outlined below, which constitute a contract between you and Fruits & Passion. Fruits & Passion may amend these terms and conditions at any time.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.

By accessing the Site, you confirm having read and understood these conditions. If you do not wish to be bound by these terms and conditions, you cannot use the Site to order products from.

1. CONDITIONS OF SITE USE

1.1 Location of Site Operations

Fruits & Passion operates the Site from its offices in Canada. Fruits & Passion makes no representations to the effect that portions of the Site may be used outside Canada, and it is illegal to access the Site from territories where legislation deems the contents or access to the Site to be illegal. Any person choosing to access the Site does so of his/her own free will, and it is his/her responsibility to respect all applicable local legislation. Any claim regarding the Site and its contents, or ensuing as a consequence of the use of the Site, is governed by the laws applicable within the Province of Quebec.

1.2 Restrictions Related to Site Use

Unless otherwise indicated in one section of the Site or another, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way without prior written consent from Fruits & Passion. It is permitted to display or download items from the Site for non-commercial purposes only, and provided that said items are not modified and that all related copyrights are respected.

1.3 Trademarks

The trademarks (registered or not) and logos used or displayed on the Site belong exclusively to Fruits & Passion or third parties. Nothing on the Site may be interpreted in any way that would allow, directly or indirectly, the use of a trademark shown on the Site without prior written consent from the owner of that trademark.

1.4 Liability Limitations

The Site and its contents are supplied as shown, without any implicit or explicit warranty. Subject to any public legislation to the contrary, Fruits & Passion declines any responsibility and provides no warranties, particularly with regards to marketable quality or suitability for any particular use. Moreover, Fruits & Passion makes no representation regarding the use, validity, accuracy or reliability of the items displayed on the Site, or with respect to the results ensuing from the use thereof. Although Fruits & Passion takes every possible measure to avoid any errors on the Site, it waives any responsibility regarding any such errors that may appear. No related company, executive, employee, representative or agent of Fruits & Passion can be held liable under any circumstances for damage related directly or indirectly to use of the Site, including the loss of data or profit as a consequence of the use of the Site's contents or inability to use said items.

1.5 User-Transmitted Information

As a Site user, you hereby acknowledge that all items, information and opinions transmitted to Fruits & Passion by any means will become the complete and exclusive property of Fruits & Passion, and you hereby waive all moral rights related thereto. Fruits & Passion hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish and license by any means and to whomever it sees fit any items you may have transmitted to it. Furthermore, you are not permitted to transmit any items to Fruits & Passion that may be illegal, slanderous, obscene or contrary to any applicable law. By transmitting any content, you hereby represent to Fruits & Passion that you own any and all relevant rights to such content, including copyrights. Fruits & Passion reserves the right, at its sole discretion, to refrain from publishing or to retract any item you may have transmitted to it.

2. GENERAL TERMS OF SALE

2.1 Price

2.1.1 The purchase price for each product ordered is the one that appears directly facing that product on the Site.

2.1.2 The cost of delivery and all applicable sales taxes are over and above the product price (except where it is indicated that delivery is included).

2.1.3 Fruits & Passion reserves the right to change the price of any product offered on the Site at any time and without prior notice.

2.1.4 All prices are in Canadian dollars.

2.1.5 The price for products offered on the Site may differ from the price of the same products available in Fruits & Passion boutiques.

2.2 Product Returns

2.2.1 You may return any Fruits & Passion product at any time up until the 30th day after their receipt on the strict condition that the product has not been removed from its original packaging and that this packaging has not been damaged (unless the product is defective).

2.2.2 The return address is: Fruits & Passion Returns, 21 Paul-Gauguin Street, CANDIAC (Quebec) CANADA J5R 3X8. Returned products must be accompanied by the invoice and order number. Subject to the above (paragraph 2.2.1), you need not make any justification to Fruits & Passion nor pay any penalty.

2.2.3 You must assume the cost and risks of product returns, unless Fruits & Passion failed to deliver the product ordered or if the product delivered is defective. In such a case, Fruits & Passion will assume the costs and risks related to transportation provided that you use a transportation company that guarantees against losses and damages.

2.2.4 Upon receipt of returned products, any amount debited on your credit card to the order of Fruits & Passion with regard to said products (except for the cost of delivery) will be credited as soon as possible, upon the condition that said products are received by Fruits & Passions in the same condition in which they were delivered to you.

2.3 Product Availability

2.3.1 Fruits & Passion does not under any circumstances guarantee the availability of any product listed on the Site. If Fruits & Passion cannot deliver any product ordered because of a lack of inventory, you will be notified by e-mail once the relevant inventory becomes available. You will then have the following options:

2.3.1.1 request that we deliver said products, in which case your credit card will be debited before the products are forwarded to you

2.3.1.2 refuse delivery, in which case no charges will be applied to your credit card

2.3.2 Fruits & Passion is at no time responsible for any damages that you may incur as a result of a lack of inventory.

2.4 Product Delivery

2.4.1 Fruits & Passion will deliver orders to the address provided by the customer upon ordering.

2.4.2 Delivery costs vary depending on the order (weight, volume, destination, speed of delivery).

2.4.3 The delivery will be made as soon as possible by Fruits & Passion upon approval of your order using the mode of delivery selected on the Site. The cost and speed of delivery may vary depending on the destination, the mode of delivery, as well as product availability. The delivery time is calculated as of the product’s date of departure from Fruits & Passion offices.

2.4.4 Products are deemed your property upon their release by Fruits & Passion to the transport company. As of such time, you assume all risks, and Fruits & Passion is no longer responsible for the loss or destruction of the products.

2.4.5 In the case of products destined for delivery outside Canada and the United States, you are responsible for any customs and excise charges, as well as any and all export costs.

2.4.6 Product delivery is subject to the corporate policies governing the delivery companies used by Fruits & Passion, which presently include Purolator within Canada and RPS and Federal Express for the United States. Moreover, product delivery is subject to corporate policies governing other delivery companies used by Fruits & Passion from time to time. You will also be subject to policies concerning the signature of waybills. If you are absent from the location provided to Fruits & Passion for product delivery, it is your responsibility to pick up the undelivered products from any of the above-mentioned companies in accordance with said company’s policies.

2.4.7 No delivery shall be made to a post office box.

2.4.8 Fruits & Passion must obtain full payment of products before shipment.

2.5 Responsibility

2.5.1 In the event that Fruits & Passion’s responsibility towards you is confirmed, said responsibility would be limited to an amount equal to the price of the returned product.

2.5.2 Notwithstanding the foregoing, nothing in the present article can have the effect of limiting any right you may have as a consumer pursuant to any public laws which may apply to you.

2.6 Act of God

Fruits & Passion shall not be held responsible for a failure to execute, in whole or in part, any of its obligations towards you, nor for losses or damages that could result from such failure to execute, if said failure is as a result of an act of God or of any circumstance beyond its control.