General conditions of sale
Last updated: November 7, 2024
PREAMBLE
These general terms and conditions of sale (hereinafter the "General Terms and Conditions" or "GTC") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.ancestorybooks.com (hereinafter the “SITE”) with the company SIRBAA INC, a Canadian joint stock company (Quebec), whose head office is located at 1461 rue du Frontenac, G7A0W6, Lévis, (QC) CANADA, registered under Quebec Enterprise Number (NEQ) 1175547174 (hereinafter “ANCESTORY”).
ANCESTORY sells non-royalty-free books and notebooks in its SHOP and through its SITE.
These General Conditions are intended to govern the sale and DELIVERY of PRODUCTS ordered via the SITE.
They are accessible and available on the SITE at any time.
IMPORTANT
Any order placed on the SITE necessarily implies the unreserved acceptance by the CUSTOMER of these general conditions of sale, of the conditions of service , of the Privacy Policy as well as the policy of returns and refunds .
Article 1. Definitions
The terms used below have, in these General Conditions, the following meaning:
- “ CUSTOMER ”: means the co-contractor of ANCESTORY , who guarantees that he or she has the status of consumer as defined by Canadian law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
- “ ORDER ”: means the purchase of PRODUCTS by a CUSTOMER from ANCESTORY .
- “ ACCOUNT ”: means all data provided by the CUSTOMER, hosted on the SITE. Access to the ACCOUNT is via the CUSTOMER’S IDENTIFIERS and allows access to the CUSTOMER’S PERSONAL AREA.
- “ PERSONAL SPACE ”: means the space dedicated to the CUSTOMER associated with their ACCOUNT, which allows them to manage all ORDERS placed via the SITE.
- “ IDENTIFIERS ”: means the email address and password chosen by the CUSTOMER, necessary for accessing their ACCOUNT on the SITE.
- “ DELIVERY ”: means the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated during the ORDER.
- “ PRODUCTS ”: means all products, including gift cards, marketed by ANCESTORY on the SITE.
Article 2. Purpose
These General Conditions govern the sale of PRODUCTS via the SITE. The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers. Professionals may contact the sales department of ANCESTORY in order to benefit from specific contractual conditions.
Article 3. Acceptance of the general conditions
The CUSTOMER undertakes to read these terms carefully and accept them, before proceeding to payment of an ORDER for PRODUCTS.
These General Conditions are referenced at the bottom of each page of the SITE and must be consulted and expressly accepted before placing the ORDER. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy.
ANCESTORY advises the CUSTOMER to read the General Conditions for each new ORDER, the latest version of said Conditions applying to any new ORDER of PRODUCTS.
By clicking the button "Order" to place the ORDER, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Registration on the site
To be able to purchase a PRODUCT, the CUSTOMER must be of legal age and have legal capacity or, if a minor, be able to provide proof of the agreement of their legal representatives.
Registration of the CLIENT on the SITE is free.
Article 4.1. Time of registration
To be able to place an order, the CUSTOMER will be invited to register on the SITE, that is to say to create an ACCOUNT.
Any CUSTOMER has the option to register during their first visit to the SITE.
In any event, he must register at the latest at the time of validation of his ORDER.
Article 4.2. Registration procedure
For the purposes of opening his ACCOUNT, the CUSTOMER must:
- Fill out the form provided for this purpose and provide all the required information, including their name, first name, and email address. The (*) sign indicates the mandatory fields that must be completed for the CUSTOMER's registration to be processed by ANCESTORY .
- Choose IDENTIFIERS, i.e. an email address and a password, which can be changed at any time. It is recommended to change your password regularly.
Any incomplete registration will not be validated, which the CUSTOMER acknowledges and accepts.
The information that the CLIENT provides to ANCESTORY when registering must be complete, accurate and up to date. ANCESTORY reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The CUSTOMER's registration automatically results in the opening of an ACCOUNT in their name, giving them access to a PERSONAL SPACE which allows them to manage their PRODUCT ORDERS.
At the end of this process, the CUSTOMER will receive an email confirming the registration.
The CUSTOMER undertakes to create only one and only one ACCOUNT on the SITE.
CUSTOMERS guarantee that all information they provide in the registration form is accurate, up to date and sincere, and is not tainted by any misleading nature.
They undertake to update this information in their PERSONAL SPACE without delay in the event of modifications, so that it always corresponds to the above criteria.
CUSTOMERS are informed and accept that the information entered for the purpose of creating or updating their ACCOUNT constitutes proof of their identity. The information entered by CUSTOMERS is binding upon them upon validation.
CUSTOMERS can access their PERSONAL SPACE at any time after identifying themselves using their IDENTIFIERS.
The PERSONAL AREA allows the CUSTOMER to consult all of their ORDERS placed on the SITE, and also allows them, where applicable, to track the DELIVERY of the PRODUCTS.
ANCESTORY, however, undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
In the event of a violation of these provisions relating to the registration of a CLIENT, ANCESTORY may send him an email and will give him a period of seven (7) working days to comply with these terms and conditions. This email will indicate the grievances alleged as well as the obligations for which non-compliance is alleged. At the end of this period, ANCESTORY may suspend the CUSTOMER'S ACCOUNT. If the CUSTOMER fails to comply within a further period of seven (7) working days, ANCESTORY may delete his ACCOUNT. In the event of ORDERS in progress, these must be paid for by the CUSTOMER and delivered by ANCESTORY .
This exclusion is not exclusive of the possibility, for ANCESTORY , to take legal action against the CLIENT, when the facts justify it.
Article 4.3. Management of IDENTIFIERS
The CUSTOMER will be solely responsible for the use of his/her IDENTIFIERS or actions taken through his/her ACCOUNT.
In the event that a CUSTOMER discloses or uses his/her IDENTIFIERS in a manner contrary to their intended purpose, ANCESTORY may then terminate the ACCOUNT without notice or compensation.
In no case, ANCESTORY shall not be held liable in the event of identity theft of a CUSTOMER. Any access and action carried out from a CUSTOMER'S ACCOUNT shall be presumed to have been carried out by that CUSTOMER, to the extent that ANCESTORY has no obligation and does not have the technical means to ensure the identity of the persons having access to the ACCOUNT.
Any loss, misappropriation, or unauthorized use of a CUSTOMER'S IDENTIFIERS and their consequences are the sole responsibility of the CUSTOMER, who is required to notify ANCESTORY , without delay, by electronic message sent to the address indicated at the bottom of the site page.
Article 4.4. Unsubscription
The CUSTOMER may close his ACCOUNT at any time by sending an email to the address indicated at the bottom of the site . ANCESTORY will proceed as soon as possible to deactivate the ACCOUNT and will send the CUSTOMER an email confirming the closure of their ACCOUNT.
In the event of ORDERS in progress, these must be paid for by the CUSTOMER and delivered by ANCESTORY .
Article 5. Orders
Article 5.1. Characteristics of the PRODUCTS
ANCESTORY undertakes to present the essential characteristics of the PRODUCTS on the SITE and the information required under applicable law.
The CUSTOMER undertakes to read them carefully before placing an order on the SITE.
Article 5.2. ORDER procedure
PRODUCT ORDERS are placed directly on the SITE. To place an ORDER, the CUSTOMER must follow the steps described below ( please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchasing options
Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS as he wishes to his basket.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the basket, the CUSTOMER must click on the basket and check that the contents of the ORDER are correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself.
Once the CUSTOMER has validated the contents of the basket and has identified himself/herself/registered, an online form will be displayed to him/her, automatically completed and summarizing the price, applicable taxes and, where applicable, delivery costs. As the products are sent from the UK, customs charges may apply.
The CUSTOMER is invited to check the contents of his ORDER (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS.
ORDERS placed must include all information necessary for the proper processing of the ORDER.
The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER'S ORDER. A copy of the acknowledgement of receipt of the ORDER is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
It is specified that the summary of the ORDER as well as the confirmation email may be kept and printed by the CUSTOMER.
ANCESTORY does not send any ORDER confirmation by postal mail or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the (*) sign will indicate the mandatory fields that must be completed for the CUSTOMER'S ORDER to be processed by ANCESTORY ).
The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must also specify the chosen payment method.
5.2.5. Other features of the PERSONAL SPACE
From his PERSONAL AREA, the CUSTOMER has the possibility to manage his personal information and modify it, find out about ORDERS placed, in progress or recently shipped and exercise his right of withdrawal.
Article 5.3. Date of the ORDER
The order date is the date on which ANCESTORY acknowledges receipt of the ORDER online. The deadlines indicated on the SITE only begin to run from this date.
Article 5.4. Prices
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in their own currency or in the currency of their choice using the country and currency selector present in the footer and/or in the header of the site.
ANCESTORY being based in Canada, if your own bank is located outside this country and/or outside the European Union, it could charge you foreign transaction fees. ANCESTORY is not responsible for any bank charges that your bank may charge you in addition to your order, whatever their amount.
Prices include VAT at the rate in effect on the order date. The applicable tax rate is expressed as a percentage of the value of the PRODUCT sold.
Prices from suppliers of ANCESTORY are subject to change. As a result, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except in the event of a gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
Article 5.5. Availability of PRODUCTS
ANCESTORY undertakes to deliver the PRODUCT within the estimated time indicated to the CUSTOMER, unless the parties have agreed otherwise. In the event of a period of high order volume, these deadlines may be extended in order to process all orders placed on the SITE.
The CUSTOMER is however warned of the fact that ANCESTORY uses external specialist carriers to deliver its PRODUCTS.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by ANCESTORY .
In any event, if the unavailability was not indicated at the time of the ORDER, ANCESTORY undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, ANCESTORY may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30) days from payment.
Article 6. Online Reviews
Within a few days of purchasing products on the SITE, the CUSTOMER may receive an email from ANCESTORY in order to express their purchasing experience. The CUSTOMER will thus be able to rate their purchasing experience.
This review will be published by Trustpilot or another review platform, or even directly on the SITE. Thus, reviews may be moderated or not published for one of the following reasons:
- Below a certain grade;
- If the review is not related to the SITE shopping experience;
- In the event of a defamatory opinion;
- In case of a competitor's opinion;
- In the event of an opinion deemed unfair or misleading by ANCESTORY.
In the event of control exercised over the opinions, ANCESTORY undertakes to ensure that the processing of personal data carried out in this context complies with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as amended, and with the GDPR.
No mandatory consideration is provided by ANCESTORY in exchange for the submission of a CUSTOMER review.
Article 7. Delivery
Delivery area
The PRODUCTS offered can only be delivered to the countries indicated in the country selector in the header of the site.
It is not possible to place an ORDER for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process. Once the order has been placed, the delivery address can no longer be changed.
Shipping time
The time to prepare an ORDER and then issue the invoice, before shipping the PRODUCTS in stock are on average 2 to 5 working days, but this is only an estimate and this time may vary. We are talking here about the order processing time, not the delivery time.
An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, ANCESTORY indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method and delivery area.
The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are provided on the SITE.
DELIVERY Terms
The package will be delivered to the CUSTOMER without signature.
DELIVERY Problems
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must request by email to ANCESTORY to deliver within a reasonable time. In the event of non-delivery within this time, the CUSTOMER may request cancellation and full refund of the order, provided that the delivery chosen by the CUSTOMER has delivery tracking and indicates that this tracking actually indicates that the package was not delivered by the carrier.
ANCESTORY will reimburse, without undue delay from receipt of the termination request by email, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method used by the CUSTOMER to purchase the PRODUCTS.
ANCESTORY is responsible until DELIVERY of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days after delivery to notify ANCESTORY damage or partial losses noted upon delivery.
Article 8. Payment
Article 8.1. Means of payment
The CUSTOMER can pay for their PRODUCTS online on the SITE using the methods offered by ANCESTORY , that is to say by credit card or via the secure payment system Paypal.
At this stage, the CUSTOMER also has the possibility to indicate a Promo Code which gives rise to an advantage provided that it is still valid. To do this, the CUSTOMER must enter his promo code at the time of payment, in the box provided for this purpose then click “ OK”. Their Code is then included in their purchase and the CUSTOMER benefits from the advantage.
The CUSTOMER guarantees to ANCESTORY that he holds all the authorizations required to use the chosen payment method.
ANCESTORY will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
Article 8.2. Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the ORDER for PRODUCTS is placed on the SITE.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
Article 8.3. Delay or refusal of payment
If the bank refuses to charge a card or other payment method, ANCESTORY will not be able to accept a different payment method.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the ORDER will be cancelled and the sale automatically terminated.
Article 9. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by ANCESTORY for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.
ANCESTORY agrees to archive this information in order to ensure monitoring of transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, ANCESTORY will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 10. Transfer of ownership
ANCESTORY remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage which they may cause.
Article 11. Withdrawals, returns and refunds
You have 14 days after the delivery date of your package to return it to us, at your expense, with a tracking number.
You can make a return request via your customer area on our site, or ask us to return your order by email to the address indicated at the bottom of the site . ANCESTORY will communicate to you at this time the return address which may change from one period to another.
You will receive a refund for the returned items as soon as ANCESTORY will be able to see via the tracking of your package that your return package has arrived in good condition.
In the event of PRODUCTS arriving damaged, the CUSTOMER may send a photo to ANCESTORY to have the damage suffered during transport noted. In this case, ANCESTORY will send a new package to the customer respecting the ORDER placed.
Article 12. Guarantees
Apart from the commercial guarantees that ANCESTORY could offer for certain PRODUCTS, all CUSTOMERS benefit from “legal” guarantees, for all PRODUCTS, which are detailed below.
Article 12.1. Guarantee of conformity
ANCESTORY may be liable for any defects in conformity existing at the time of delivery and for any defects in conformity.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT.
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its choice. However, if the cost of the CUSTOMER's choice is clearly disproportionate to the other possible option, taking into account the value of the PRODUCT or the significance of the defect, ANCESTORY may proceed with a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is not possible, ANCESTORY undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER. ANCESTORY will send the customer a pre-paid return label by email.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.
Article 12.2. Guarantee of hidden defects
ANCESTORY is liable for the warranty against hidden defects in the PRODUCT sold which render it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have purchased it, or would have paid a lower price for it, if he had known of them.
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT or replacement of the latter. In both cases, ANCESTORY may require that the product be returned to it for replacement or refund. This return will be at the expense of ANCESTORY .
In the event that a replacement or repair is not possible, ANCESTORY undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT.
The action resulting from latent defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect.
Article 13. Packaging
The PRODUCTS will be packaged in accordance with the transport standards in force by the production partner of ANCESTORY .
Article 14. Liability
The responsibility of ANCESTORY may not be held liable in any way in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their ORDER.
ANCESTORY shall not be held liable, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the Canadian courts and tribunals.
It is also specified that ANCESTORY does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.
Finally, ANCESTORY cannot be held responsible for any inconvenience or damage directly or indirectly linked to the abnormal use of a PRODUCT.
Article 15. Force majeure
The responsibility of ANCESTORY may not be implemented if the non-performance or delay in the performance of one of its obligations described in these T&Cs results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations.
In this respect, the responsibility of ANCESTORY cannot be held liable in particular in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of ANCESTORY intervening after the conclusion of the General Terms and Conditions and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot take any action against ANCESTORY.
In the event of the occurrence of one of the above-mentioned events, ANCESTORY will endeavour to inform the CUSTOMER as soon as possible.
Article 16. Personal data
ANCESTORY collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
Data collected by ANCESTORY are used in particular to process ORDERS placed on the SITE, manage the CUSTOMER's account, if the CUSTOMER has expressly chosen this option, send them commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from ANCESTORY.
The CLIENT's data is kept confidential by ANCESTORY , for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to service providers of ANCESTORY involved in the ORDER process.
For commercial purposes, ANCESTORY may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the SITE.
ANCESTORY will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting ANCESTORY by email.
ANCESTORY may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In this regard, the CLIENT is invited to consult the Confidentiality Policy of ANCESTORY, accessible via a link in the footer of the site, which will provide further information relating to the protection of personal data and to the processing carried out via the SITE.
In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( General Data Protection Regulation ) said GDPR ), ANCESTORY ensures the implementation of the rights of the persons concerned.
It is recalled that the CLIENT whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him/her, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.
The CUSTOMER may exercise these rights by sending an email to the address in the footer of the site .
It is specified that the CUSTOMER must be able to prove his identity by any means.
Article 17. Complaints
Any written complaint from the CLIENT must be sent by email to the address given in the footer of the site.
Article 18. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of ANCESTORY . Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request authorization from ANCESTORY in writing.
This authorization of ANCESTORY will not be granted definitively under any circumstances. This link must be removed at the request of ANCESTORY .
Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any process whatsoever, without the express prior authorization of ANCESTORY is prohibited and will constitute an infringement.
Acceptance of these General Terms and Conditions constitutes recognition by the CUSTOMER of the intellectual property rights of ANCESTORY and commitment to respect them.
Article 19. Validity of the General Conditions
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision shall in no way authorize CUSTOMERS to disregard these General Conditions.
Any conditions not expressly addressed herein shall be governed in accordance with the custom of the retail trade sector, for companies whose head office is located in Canada.
Article 20. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by ANCESTORY at any time. The General Conditions applicable are those in force at the time of the ORDER.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 21. Jurisdiction and applicable law
These General Conditions as well as the relations between the CLIENT and ANCESTORY are governed by Canadian law.
In the event of a dispute, only the Canadian courts will have jurisdiction.
However, prior to any recourse to the arbitral or state judge, the CLIENT is invited to contact the complaints department of ANCESTORY to the email address indicated at the bottom of the page .
If no agreement is reached or if the CUSTOMER proves that he has previously attempted to resolve his dispute directly with ANCESTORY by a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including relating to its validity.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
Since mediation is not mandatory, the CLIENT or ANCESTORY may withdraw from the process at any time.
In the event that mediation fails or is not considered, the dispute which could have given rise to mediation will be referred to the competent jurisdiction designated above.