Introduction:

Welcome to the ca.kadolis.com website (the "Site") owned and operated by Kadolis Canada Inc. ("Kadolis"). Please read these terms of use ("Terms of Use") carefully before using the services of this Site. These Terms of Sale and Use constitute a legal agreement governing your use of the Site and all related services: offers, promotions, content, sales, terms and conditions, and any orders or purchases made through the Site. Your access to and use of the Site confirms your acceptance of the Terms and Conditions of Sale and Use and your commitment to comply with them in full and in accordance with all applicable laws and regulations.

These terms and conditions of sale may be modified at any time and without prior notice by Kadolis Canada Inc. and are applicable as soon as they are published on the merchant site www.ca.kadolis.com. The consumer declares that he or she has full legal capacity to enter into these general sales conditions.

If you do not accept these Terms and Conditions of Sale and Use, you are not authorized to access, consult, download or otherwise use the Site.

You may access Our Site from a computer or via a mobile device and these Terms of Use will govern your use of Our Site, regardless of the means of access used.

The Terms of Sale and Use apply to all users of the Site, including, but not limited to, users who contribute content, information and other materials or services to the Site.

Section 1. Eligibility

You acknowledge and agree that the Site and the products and services offered by Kadolis are intended solely for personal, lawful, non-commercial use.

You represent and warrant that you are over the legal age of majority in your jurisdiction of residence (if you are a minor, prior parental consent is required), that you are not prohibited from using the Site and that you are able to enter into a binding legal agreement under applicable law.

Section 2. Your Account

You agree not to create or hold more than one (1) customer account at any time on the Site and to provide us with true, accurate, current and complete information at all times when creating or registering for an account, or when placing an order.

The confidentiality of your password is your sole responsibility. Your account is for personal use only. You may not authorize others to use it or transfer it to anyone else. You are entirely responsible for any and all use of your account and any activity that occurs under your account, and you acknowledge that Kadolis expressly disclaims any and all liability in connection therewith.

We reserve the right to deactivate your account or password, or to suspend or terminate your right to use your account or to access the Site or any related services, at any time, without notice, in our sole discretion, without or for any reason, including, without limitation, if we determine that you have breached any of your obligations under the Terms of Sale and Use.

Section 3. Prices and Terms of Purchase

All prices indicated on the Site, taxes and other charges are in Canadian dollars.

Delivery charges will be indicated before the payment of the order.

The prices indicated on the Site are subject to change without notice. Kadolis reserves the right to correct any errors in the prices indicated on the Site. Kadolis may, at its discretion, modify, refuse or cancel any order, purchase or promotion due to system error, pricing error, fraud or any cause beyond its control. 

In order to place an order or purchase of products displayed on the Site, you will be required to enter certain information, including, but not limited to, the credit card information used to pay for the order and related billing. By providing this information, you warrant that it is both accurate and current. By placing an order or making a purchase, you agree to pay all charges incurred by you or your credit card user in connection with the order placed.

We reserve the right to limit the quantity of products you may order or purchase at our sole discretion.

Section 4. Availability of items

The items offered on the Kadolis Site are subject to availability, as the site is updated regularly. 

Nevertheless, and despite the precautions taken by Kadolis, if one or more items become unavailable after the order has been placed, Kadolis will personally notify the Client as soon as possible by email. Kadolis may offer a replacement product to the Client. 

The Client is not obligated to accept this replacement product and will be entitled to cancel the order and obtain a refund without charge or penalty.

Kadolis agrees to supply spare parts for a period of two years after the sale of the product.

Section 5. Delivery

Delivery area: The products are delivered to the address indicated by the consumer on the order form. We reserve the right not to deliver to certain addresses or to certain post office boxes.

Orders placed on the Site are delivered only to Canada. However, Kadolis is present in many other countries and has dedicated websites for the United States and European countries. The choices for the different countries/languages are available at the top right of our site. 

Delivery times: Delivery times only begin to run from the time Kadolis sends the order confirmation email, and products can only be delivered after full payment of the price.

Delivery times are indicated as an indication when the order is validated. They depend on the type of product concerned and are on average between 2 and 6 business days from the time the order is validated. 

Kadolis declines all responsibility for the extension of delivery times due to the carrier, particularly in the event of loss of products or strikes. 

Kadolis will not be held responsible for any losses, costs, damages, charges, or expenses resulting from a delay in delivery. The company is not responsible for orders that cannot be delivered or that are not received because the recipient's address is not correct.

Delivery terms: Delivery terms depend on the type of product ordered. Shipping is done by Purolator, Spaceful or Canada Post. 

In any case, the goods always travel at the risk of the recipient. 

If the customer wishes to have 2 delivery locations, he/she must place 2 orders, with the delivery charges related to these 2 orders.

The delivery by Canada Post is done according to the normal procedures of the Post Office and on which KADOLIS has no control.

The delivery of mattresses is done via Transporter. In case of delivery in a multi-storey building, the delivery is made at the mailboxes, not on the floors. 

Delay or loss due to the carrier: Kadolis will inform the customer of the shipment of the order by email. Delay or loss of the product due to the carrier is possible. In the event of non-receipt, the client must imperatively report it to Kadolis via the contact form.

Kadolis will contact the carrier who will conduct an investigation that may last up to one month. If the product is found, it will be immediately redirected to the Customer's delivery address. On the other hand, if the Post Office concludes that the product has been lost, KADOLIS undertakes to replace the ordered product at its expense. In case of unavailability of this product, KADOLIS will reimburse the customer who will not be able to claim damages.

Section 6. Guarantees

The company KADOLIS guarantees that all the selected products are manufactured in the respect of the European, American and Canadian safety standards. 

The products bought on the site www.kadolis.com are guaranteed minimum 1 year as from their delivery for any other damage. In order to benefit from the warranty, the customer must keep the purchase invoice. 

To exercise these guarantees, the customer must contact KADOLIS by email: [email protected] 

Section 7. Returns and exchanges

You can make a return or an exchange of a product ordered on the Site within hundred (100) days from the reception of your order. Declare your return in your "Make a return" space. It is very simple! Select the item(s) to return, indicate the reason for the return and validate. All that remains is to prepare your return package. We will then credit the purchase price of each returned product to the payment method used for the order. For any Product purchase that includes the application of a promotional code or discount code, the cash value of the promotional code is not refundable or re-creditable if all or part of the goods are returned. Subject to reasons beyond our control, all returns or exchanges will be processed within 2 weeks of the date your return was sent to Kadolis.

If you wish to exchange your product, declare your exchange in your "Make a return" space, mentioning the product you wish to replace. Our customer service will then get back to you to validate your request. The exchange will be sent upon receipt of your return. The exchange is accepted if there is no change in price. Otherwise, the refund is applied and you can place an order again.

The Products must be in an acceptable condition to be returned (no stains, tears or any other soiling, including odors).

Gift card sales are final and are not subject to refund or exchange.

Section 8. Cancellation

You may cancel the order of products at any time, before they are shipped.

Section 9. International orders

Orders placed on the Site are delivered exclusively in Canada. However, Kadolis has websites in other countries such as the United States or European countries. Visit our website www.kadolis.com to be redirected to the country of your choice.

Section 10. Contests and opinions 

Customer reviews and comments are greatly appreciated. Any content provided by an individual may, at the sole discretion of KADOLIS, be used or not without any obligation on our part, on any medium. These opinions or comments are personal and do not in any way engage the opinion or responsibility of KADOLIS.

Section 11. Links to third parties

Please note that certain links present on our Site may lead to other websites that are not held and managed by KADOLIS. The company KADOLIS is not responsible for the contents of these sites and has no control over them. 

We invite you to carefully examine the conditions, terms or policies of use before any transaction (purchase of goods or services).

KADOLIS will not be liable for any damages, losses or claims arising from your access to or use of any external website. We also decline all responsibility in the event that the content of these external websites do not comply with the legal and regulatory provisions in force.

Any creation of hypertext link towards the Site www.kadolis.com is strictly prohibited without the express, preliminary and written agreement of KADOLIS.

Section 12. Limitation of Liability

To the fullest extent permitted by applicable law, KADOLIS, its subsidiaries and affiliates, their respective officers, directors, employees, contractors, agents, suppliers, distributors and representatives, shall not be liable for any injury, loss, claim or damage of any kind, whether direct, indirect, incidental, punitive, special or consequential, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs, or any other similar damages, whether based on contract tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if you have been advised of the possibility thereof. KADOLIS shall in no event be liable for any damages whatsoever to your computer, the data contained therein or its peripherals and expressly disclaims any such liability, including any liability for delays or defects in data transmissions.

At all times, you agree that your sole and exclusive remedy is to discontinue using the Site.

Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so in those states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

Section 13. Indemnification 

By using the KADOLIS website, you agree to indemnify, defend and hold harmless KADOLIS, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, licensors, service providers, subcontractors, suppliers, interns, distributors, agents and representatives, for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Section 14. Severability 

These Terms of Sale and Use represent the sole and entire agreement between you and Kadolis and supersede all other agreements, provisions, representations or warranties, whether prior or contrary.

All covenants, representations, warranties and obligations contained herein shall be binding upon and inure to the benefit of you and Kadolis, and the respective successors of the parties, their respective assigns, legal representatives, heirs and trustees.

The invalidity or unenforceability of any provision of the Terms and Conditions to any person or circumstance, for any reason, shall not affect the validity of the remaining provisions of the Terms and Conditions.

Failure to enforce any provision of the Terms and Conditions shall not constitute a waiver of the right to enforce the provision in the future or any other provision of these Terms and Conditions.

Section 15. Your personal information 

By using the Site, you are deemed to have read and accepted our policies, including our Privacy Policy. 

Section 16. Errors or Inaccuracies

Information on the Site may contain errors, inaccuracies or omissions such as product descriptions, prices, promotions, offers, shipping costs, transit times and product availability. In such cases, we reserve the right to correct any errors, inaccuracies or omissions, and to modify, correct or cancel the orders concerned, at any time and without notice.

Section 17. Termination 

These Terms of Sale and Use are in force and binding on you on the date you access the Site and remain in force until terminated by you or by KADOLIS. If you wish, you may stop using the Site or suspend your access at any time. KADOLIS may also, in its sole discretion, discontinue providing you with access to the Site at any time, without notice and without or for any reason whatsoever.

In the event of termination, your obligations under these Terms of Sale and Use shall survive, including those relating to indemnification or limitations of liability.

Section 18. Copyright and intellectual property

Kadolis owns and operates the Website. All content, data, graphics, photographs, images, sounds, videos, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained on this Website are owned by Kadolis, its affiliates and/or third party licensors. The Content is protected by Canadian and international copyright and trademark laws.

You may not use in any way, including reproducing, printing, archiving, republishing, modifying, uploading, downloading, selling or otherwise copying for any purpose, the content of the Site or any Intellectual Property Material, in whole or in part, in any medium or format whatsoever, whether invented or to be invented, without the prior written permission of Kadolis.

You may download, print and reproduce the Content for your own informational purposes, provided that you retain all copyright and other proprietary rights notices contained therein, and that you cite its URL. 

If you fail to comply with the terms of this section, your right to use the Site will be immediately revoked and you must immediately remove any copies of the content you may have in your possession.

Governing Law: 

The above terms of use are governed by the laws of the Province of Quebec and of Canada. Any dispute must be brought before a court of competent jurisdiction in the province of Quebec. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be severable from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any other legal notices or statements posted on the website constitute the entire agreement between you and Kadolis with respect to the use of the website, including the content.

General:

If you have any inquiries and/or comments, please feel free to contact us by e-mail at [email protected]

You can also send us a letter to our head office 

Kadolis Canada Inc.

1084 de l'Eglise Street

Montreal, Quebec, H4G 2N5

Canada

Last update: October 2021