Terms AND conditions These terms are agreed between: The company SIMKHA Biocosmetics Inc., hereinafter referred to as SIMKHA, AND the individuals wishing to make a purchase through the SIMKHA website, hereinafter referred to as THE CLIENT. The parties agree that these terms and conditions exclusively govern their relationship.

SECTION 1 – PURPOSE

These terms aim to define the terms of service between SIMKHA and THE CLIENT. These terms exclusively apply to non-commercial individuals who can be classified as consumers.

SECTION 2 – ORDERS

THE CLIENT places their order online from the online catalog. The order can only be registered on the website if THE CLIENT has clearly identified themselves by entering their personal account ID and password. Any loss or forgotten credentials must be reported to SIMKHA’s services promptly by contacting Customer Service through the contact form on the website. Placing an order signifies acceptance of the prices and descriptions of the products available for sale. Any dispute on this matter will be handled within the scope of a potential exchange and the guarantees mentioned below. THE CLIENT has the ability to modify their cart before final validation, with this last step formalizing the sales contract between SIMKHA and THE CLIENT. SIMKHA commits to fulfilling orders received on the website only within the limits of available product stocks. If a product is unavailable, SIMKHA agrees to inform THE CLIENT. In certain cases, such as non-payment, incorrect address, or other issues with the CLIENT’s account, SIMKHA reserves the right to block THE CLIENT’s order until the issue is resolved. SIMKHA also reserves the right to cancel an order, terminate it, and not process it in case of an error in the sale price or the product photo displayed online.

SECTION 3 – Delivery

Shipments can be made to Canada, the United States, Europe, and any other countries covered by shipping services. In the latter case, THE CLIENT should refer to the delivery section to learn about the shipping terms and costs. Orders within Canada are delivered via Canada Post or Purolator services. International orders are delivered via FedEx, UPS, or Canada Post services. The delivery time is considered from the handover of your package to the shipping service. SIMKHA cannot be held responsible for any loss or theft of packages or delays due to Canada Post and other shipping services.

SECTION 4 – Payment

THE CLIENT can choose to pay for their purchases online by credit card (Visa, Mastercard, or via Paypal) or by Interac transfer. In case of out-of-stock products, the charge will only be made for the amount of the products actually shipped.

SECTION 5 – PRICES

The prices are indicated in Canadian dollars, excluding taxes. These prices do not include the flat-rate contribution to processing fees (shipping, packaging, and preparation of the parcel according to current rates). The prices listed on the website are guaranteed for the duration of their online availability and within the limits of available stocks. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 – Returns and Exchanges

For hygiene reasons, no product can be returned except in the case of a product received by mistake in your parcel. In this case, we will send you the correct product in exchange.

SECTION 7 – LIMITATION OF LIABILITY

SIMKHA is responsible for all stages of the order process as well as for the stages following the conclusion of the contract, with an obligation to achieve results. SIMKHA is committed to describing the products sold on its website with the utmost accuracy. However, SIMKHA’s liability cannot be engaged if the non-fulfillment of its obligations is due to an unforeseeable and insurmountable event caused by a third party to the contract or a case of force majeure. Similarly, SIMKHA cannot be held liable for any inconveniences or damages inherent to the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses. SIMKHA also reserves the right to cancel an order or transaction due to an error on its part and cannot be held responsible for any errors in the information displayed on the site.

SECTION 8 – Personal Data

SIMKHA reserves the right to collect data on THE CLIENT, including through the use of cookies. The collection of data by SIMKHA, the data controller, is necessary for processing THE CLIENT’s requests. By providing SIMKHA with their email address, THE CLIENT may receive an order confirmation. Depending on the choices made during the creation or consultation of their account, THE CLIENT may receive promotional offers from SIMKHA via email. It is SIMKHA’s responsibility to ensure that the personal data it holds is accurate and up-to-date. Therefore, THE CLIENT has the right to access, modify, and delete their information. THE CLIENT can update their personal details and click on the unsubscribe link in the newsletter to stop receiving promotional offers.

SECTION 9 – Intellectual Property

All elements of SIMKHA’s website, whether visual or auditory, including the underlying technology, are protected by copyright, trademarks, or patents. Therefore, none of the materials from the SIMKHA website may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way except under the following conditions: it is permissible to download a copy of the documents onto a computer for personal and non-commercial use only, provided that the information is not altered and that copyright and other proprietary notices are kept intact. Modifying these documents or using them for any other purpose constitutes an infringement of SIMKHA’s intellectual property rights. A CLIENT who has a personal website and wishes to place a simple link directly to the SIMKHA homepage for personal use must obtain prior authorization from SIMKHA. However, any hyperlink to the SIMKHA website using “framing” or “in-line linking” techniques is strictly prohibited. In all cases, any link must be removed upon request from SIMKHA. The trademarks, logos, designs, and models displayed on this site are the exclusive property of SIMKHA. Their disclosure should not be interpreted as granting a license or any right to use these trademarks and distinctive elements protected by copyright. They may not be used under penalty of legal action for infringement.

SECTION 10 – Completeness

If any clause of this contract is found to be null and void due to changes in legislation, regulation, or a judicial decision, it shall in no way affect the validity and enforceability of these general terms and conditions of sale. Furthermore, these general terms and conditions of sale may be modified in accordance with changes in French positive law.

Section 11 – Transaction Evidence

The computerized records, maintained in SIMKHA’s and its partners’ computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium to ensure that it corresponds to a true and lasting copy.