General Terms and Conditions of Sale and Use

This website is operated by Pigment Design Inc., also doing business under the name Meraki by Pigment Design Inc., a joint-stock company incorporated under Part IA of the Loi sur les compagnies du Québec. On this site, the terms "we", "our" and "ours" refer to Pigment Design Inc. (hereinafter referred to as "Meraki"). Meraki by Pigment Design Inc. provides this website, including all information, tools and services available on this website to you, the User, subject to your acceptance of all terms, conditions, policies and notices (hereinafter referred to as the "Site").

By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms (hereinafter referred to as the "General Terms and Conditions of Sale and Use", "General Terms of Sale and Use", or "Terms"), including any additional terms, conditions and policies referred to herein and/or which are hyperlinked. These General Terms and Conditions of Sale and Use apply to all Users of this site, including but not limited to Users who browse the Site, who are sellers, customers, merchants, and/or content contributors.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of this Site, you confirm your acceptance of the entire agreement between the parties, namely Meraki and the user. If you do not agree to all of the terms and conditions of this Agreement, then you must not access the Site or use the services offered therein. If these General Terms and Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to them.

Any new features and tools that are added to the Site at a later date will also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms. It is your responsibility to consult this page regularly to verify if any changes have been made to it, which constitutes the current version. Your continued use of or access to the Site after the posting of any changes constitutes your acceptance of such changes.

Our Site is hosted on Shopify Inc. This provides us with the e-commerce platform that enables us to sell our products and services to you.

Contractual documents

These Conditions, including the documents attached to or incorporated herein by direct hyperlink and information about the products offered on our Site constitute the entire contract between Meraki and the User.

Once the order has been verified, corrected if necessary, accepted and paid for, an electronic version of the contract and the invoice will be generated and sent automatically by email. All documents sent by email can be printed or saved and archived in PDF format from the User's browser at any time. A paper copy of the invoice and the contract will also accompany the product(s) delivered.

Any sale from the Site constitutes a final sale. However, the User may return the products sold under certain circumstances as described in the Returns and Limited Warranty sections of these Conditions.

Applicable law

By purchasing a product sold on our Site, the User accepts that this contract is governed by the applicable laws of Quebec. Any dispute arising from this contract will be submitted to the competent courts of the judicial district of Quebec City, Province of Quebec.

Description of the products offered

On our Site you will find a description of the products offered for sale, including a detailed description of the products and prices. The selected products will appear on your order and invoice. A final version of your order and invoice will be generated once you have decided on your choice of purchase(s), completed your order, reviewed and verified your order, chosen to agree to place the order after having had the opportunity to make corrections or changes to your order and ultimately made payment. These completed steps will constitute your acceptance and consent to these Terms, which will then be generated and may be archived or printed by you.

These documents will include any additional charges that may be due to a third party, if applicable, such as shipping charges, the total amount you will have to pay, the currency used, and the estimated delivery date of your order. These documents will also indicate the delivery method and the name of the carrier.

Prices

Prices shown and taxes calculated from the basket must be paid in full before starting production or order fulfillment. The prices displayed on our site are in Canadian currency, before taxes and shipping. The total price is payable in full and in a single payment at the time of the order. The products and services sold are subject to applicable sales taxes, including the Canadian Goods and Services tax (GST) and the Quebec provincial sales tax (QST) at the rate in effect at the time of the sale. All orders are payable in Canadian currency only.

Payment

Payments are made in the secure part (https://) of the Meraki Site which will redirect the User to the secure site of the chosen credit card payment provider.

Orders placed on our Site must be paid by Visa, MasterCard and American Express credit cards, or other payment methods that provide a refund policy and mechanism. The full price of the invoice is debited only after the User’s approval at the end of the ordering process.

We reserve the right not to finalize the order and not to record or collect payment in the event of a shortage of the product requested by the User or of the raw materials or if the order is incomplete or presents an unusual or unreasonable difficulty for the seller.

Limited Warranty - Decorative wall adhesives

This warranty applies in Canada only.

Meraki warranties the quality of printing as well as the finish of the material. In the event there is a printing or finishing defect, Meraki will offer to reprint the product at its own expense.

Any warranty claim must be made in writing and include all the information about it. It must also include proof of the damage, for example by means of samples, photos, etc. After receiving a claim, Meraki reserves the right to check and inspect the disputed products in order to see whether it is justified, both in substance and in the amount claimed. For printing and material finishing warranty claims: The claim must be made within 14 days of product delivery.

WARRANTY LIMITS:

• The warranty is only applicable if the products have been installed and maintained as described in the general installation instructions described on the product packaging or appearing on the Meraki website. The products are, in principle, only intended for indoor use, unless otherwise stated.

• A product that is known to be defective before installation, yet is nevertheless installed, is excluded from the warranty. Claims concerning inherent defects visible before installation will not be accepted after installation.

• The warranty applies only to products delivered in their original packaging. Products on sale are expressly excluded from this warranty.

• Our products are printed with the utmost care. However, no guarantee can be given with regard to small differences in appearance or colour between different series or printing batches.

• Damage incurred during shipping, or linked to improper handling of the products, are expressly excluded from the warranty.

• There is no warranty on the product’s resistance to impacts, wear, scratches, stains, performance in extreme temperatures, its resistance to conditions of excessive humidity or variable air composition, or its resistance to water penetration, since these depend on the use.

Meraki can never be held responsible for any loss or damage whatsoever, directly or indirectly related to the claim. Meraki cannot therefore be held liable for any resulting damage.

Meraki can never be held responsible for installation costs, travel, shipping or costs for third parties, directly or indirectly related to the claim. The costs for any new installation or new shipping cannot be borne by Meraki and will therefore remain the responsibility of the end customer.

If the claim is accepted, compensation will be made either by means of a credit or by replacing the products declared defective, at Meraki's option.

This warranty does not mean that Meraki can be held responsible for other damages or defects than those described in the warranty conditions, except those falling under the legal responsibility of the customer's purchases. The warranty does not prejudice the customer’s legal rights.

This warranty will remain in effect until it is modified or replaced.

Shipping

Shipping costs depend on the delivery address and are calculated on the basis of the postal code at the final stage of the order. Shipping within Canada for orders over $150 (plus tax) is free.

Once Meraki receives the purchase order, the adhesive wall coverings are printed within 7-10 business days and then shipped via ground service. The shipping time usually varies between 2 to 7 days, depending on your location.

After placing an order, you will receive a tracking number by email when your product is ready for shipment. This will enable you to track your order on the Purolator website. At this time, Meraki offers a purchase and shipping service in Canada only.

Liability for loss of products

Meraki will assume any loss of ownership until delivery, that is, until the User is in possession of the goods. In the event that the User or their named representative is absent from their home, the delivery person will leave a card or other type of notification indicating another time when delivery will be re-attempted. After a certain number of attempts, the recipient will have to collect the goods at an address indicated by the delivery service within a certain time period. It is your responsibility to go to the address indicated and to take delivery of the products within this period. If you do not take possession of the goods within this period, you will be deemed to have refused to take possession of the goods and you will then have to make new delivery arrangements and pay the new shipping charges as well as any charges that Meraki had to pay for the return. We will, however, pay these new charges if we are satisfied that you are not responsible for the non-delivery on the first delivery attempt.

Returns

Meraki accept returns ONLY if the products are defective or if your product has been damaged during shipping. If your product has been damaged during shipping or contains a manufacturing defect, send us a photo of the damaged or defective product to info@pigmentdesign.ca within 48 hours of receiving the order. We will contact you to follow up. To learn more about returns, please see our Return Policy.

Termination of the contract (Provisions of the Consumer Protection Act)

You may terminate the contract within seven (7) days of receipt of the automatically-generated printable copy sent to the e-mail address you provided to us only according to the following conditions:

• If Meraki has not disclosed all the information required by law to you before making your purchase; or

• If Meraki has not provided you with the opportunity to refuse or correct your order before the conclusion of the contract; or

• If the contract does not contain all the information required by law; or

• If, upon receipt of your credit card statement, you notice that we have not disclosed the information required by law to you.

You can withdraw from the contract at any time within 30 days of the estimated date specified in the contract, your order or your invoice if you do not receive the goods ordered.

We are deemed to have fulfilled our primary obligation when we or our delivery person has attempted to deliver your order on the estimated date specified in the contract, or on another date agreed upon in writing, or on the date specified in a notice we may give you within a reasonable time due to an inability to deliver your order for reasons within or beyond our control or due to your actions or negligence on your part.*

When the circumstances justify it and it is your intention, you must send us your notice of termination in writing. The contract will then be terminated upon receipt of this notice. We will take the necessary steps to refund you upon receipt of the delivered goods in the condition in which you received them.* We will cover or reimburse you for reasonable shipping charges*.

If for some reason you do not receive the refund, the law allows you to ask your credit card issuer to bill (who? Meraki?) all amounts paid under the contract as well as to refund all costs charged to your account under the contract.

Sale to minors

We do not offer to sell our products online to minors. We offer products intended for the general public, but in most cases we recommend that our products be purchased by adults. If you are under 18, we prefer that you request the involvement of a parent or guardian.

Right to use the Meraki Site

Subject to compliance with the other terms of the contract, including payment of any amount due on your purchases, Meraki and its third party suppliers grant you a limited, non-exclusive, and non-transferable license without authorization to use the websites and the services of Meraki and its third-party suppliers for personal and non-commercial purposes. This right of use excludes the resale or commercial use of any Meraki service or its content, product listings, descriptions or prices, any derivative use of any Meraki service or content, and any use of software tools to collect and retrieve data. Meraki and its suppliers and other rights holders who grant you this license retain and reserve all rights not expressly granted to you herein. No Meraki service or any part thereof may be reproduced, in whole or in part, copied, sold, resold, visited or exploited for commercial purposes without Meraki’s express written permission. You may not reproduce or use any trademarks, logos or other proprietary information (including graphics and text, layout and forms) of Meraki and its suppliers without the express written permission of rights holders. You may not use meta tags or any other "hidden text" that uses the name or brands of Meraki and its suppliers without the express written permission of Meraki, its affiliates or third party suppliers. You must not abuse the Meraki services. You can use the Meraki services only in accordance with the law. Licenses granted by Meraki will automatically terminate in the event of non-compliance and abuse.

Copyright

Illustrations, photos and product descriptions on the Site are subject to copyright. All content appearing on the Site or made available through it (such as text and graphics, logo, icons, illustrations, audio or video clips, digital downloads, data and compilation software, site architecture, and tree structure) are the property of Meraki or its suppliers, as applicable, and such content is protected by Canadian and international copyright laws. All content appearing on or made available through the Site is the exclusive property of Meraki or its suppliers and is protected by Canadian and international copyright laws. Under no circumstances may the User infringe copyright by reproducing and exchanging them. Any copyright infringement will be subject to remedies provided by law.