Terms of service
Terms and Conditions for Digital Products:
These terms and conditions govern the use of this site (www.inmotionplanner.com).
Between:
The "Seller," InMotion Planner, Quebec, Canada, represented by Alice M. C. Lima, as the duly authorized owner for these purposes. The company can be contacted by email using the contact form accessible via the homepage of the site.
And:
The individual or entity purchasing products or services from the company, hereinafter referred to as "the Buyer," "the Client," or "the User." It is hereby stated and agreed as follows:
Article 1: Purpose
These Terms and Conditions determine the rights and obligations of the parties in the context of online sales of products or services offered by the Seller.
Article 2: General Provisions
These Terms and Conditions govern online sales of products or services through the Seller’s website and are an integral part of the contract between the Buyer and the Seller.
The Seller reserves the right to modify these Terms at any time by publishing a new version on their website. The applicable Terms are those in effect at the time of payment (or first payment in the case of multiple payments) for the order. These Terms can be reviewed on our website at: https://inmotionplanner.com/conditions-generales/
The Seller also ensures that acceptance of these Terms is clear and unequivocal by providing a checkbox and validation click.
The Client acknowledges having read and accepted these Terms in full and without reservation. Placing an order on the site constitutes full and unreserved adherence to these Terms, with the Client required to check the box "I have read and accept the Terms and Conditions" before proceeding with payment. All sales are governed by these Terms.
The Client confirms having received the necessary advice and information to ensure the offer meets their needs. The Client declares to be legally capable of contracting under Canadian law or to validly represent the individual or entity for whom they are committing. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
Article 3: Essential Features of Products and Services
This document governs the sale of goods available on our site.
The goods we offer include:
- Digital planners in PDF format
- Digital stickers in PNG format
The goods related to this document are those displayed on our site when you access it, including all products listed as out of stock. The essential features of the goods, services, and their respective prices are available to the Buyer on our website. All information, descriptions, or images we provide about our goods are described and presented as accurately as possible. However, we are not legally bound by these details as we cannot guarantee the accuracy of every product or service we provide. You agree to purchase these goods at your own risk. After placing an order, the Client will receive a Zip file containing the PDF files.
Article 4: Pricing
The price of products sold through the website is indicated in Canadian dollars before taxes and is precisely determined on the product description pages. It is also shown in Canadian dollars, including all taxes, on the product order page. For all products purchased outside Canada, the price is calculated excluding taxes automatically on the invoice. The Seller reserves the right to change prices at any time, ensuring that the price indicated at the time of the order is applied.
The prices of our products indicated in euros or US dollars are automatically converted by Shopify from the prices listed in Canadian dollars according to the prevailing exchange rate.
Article 5: Ordering
To place an order on our site, select your items and add them to your cart. Confirm the contents of your cart.
You will be asked to fill in billing details. Choose your payment method. Confirm your payment. You will receive an order confirmation email at the address provided during account creation.
You must carefully read the following pages accessible from the payment information page:
- Refund Policy
- Shipping Policy
- Privacy Policy
- Terms of Use (this page)
- Contact Information
These guidelines are crucial for ensuring a compliant order. If you have questions or need further clarification, please contact us promptly.
Article 6: Payment
We accept the following payment methods on this site:
- Credit Card
- PayPal
The Client can make payment via PayPal or credit card. Cards issued by banks outside Canada must be international credit cards (MasterCard or Visa). Payment is required immediately upon ordering.
For security reasons, we have chosen to work with professionals in online payment management and entrust them with handling financial transactions for our purchases. When you buy on our site, we do not hold your banking details; we rely solely on Shopify or PayPal, who manage the transaction with your card.
Secure online payment by credit card is processed by our payment provider. Information transmitted is encrypted according to industry standards and cannot be read during transit over the network. Once the payment is initiated by the Client, the transaction is immediately debited after verification. By providing banking information during the sale, the Client authorizes the Seller to debit their card for the indicated amount. The Client confirms they are the legal cardholder and have the right to use it. In case of error or inability to debit the card, the sale is immediately canceled and the order annulled.
Article 7: Delivery
Digital products sold on the InMotion Planner site are available for download only. No physical products will be shipped.
Article 8: Availability and Download of Products
Purchased products are immediately available for download upon payment confirmation. The Buyer is required to download the products promptly and store them in their personal files. A 30-day download period is granted from payment confirmation. After this period, access to the products cannot be guaranteed. The store reserves the right to remove a product at any time without notice. The Client must adhere to these guidelines to ensure an optimal user experience. For any questions or information requests, the Buyer can contact us.
Article 9: Refund Conditions and Procedures
No refunds are possible for products already downloaded.
However, InMotion Planner may issue a refund in the case of duplicate purchases by the same customer.
Article 10: Download Conditions
Acquired digital files are copyrighted works and are protected by copyright law. Under this law, the purchase of digital files is for personal and private use only. Any reproduction other than that authorized for downloading, adaptation, collective use, resale, or rental is strictly prohibited and may result in legal action.
No exchange, credit, or refund will be accepted after the confirmation of a digital product sale transaction.
The Buyer is responsible for their own equipment and must have suitable computer hardware and an Internet connection to download and use the Seller’s products.
The Seller cannot be held responsible for any compatibility issues between a digital product and electronic devices, except in cases where the product description is inaccurate.
Article 11: Right of Withdrawal
According to the law, the right of withdrawal does not apply to contracts for the supply of digital content not provided on a tangible medium, where execution has begun after the consumer’s express prior agreement and express waiver of their right of withdrawal.
Article 12: Intellectual Property
All comments, texts, images, and illustrations on our site are exclusively reserved for us. Under intellectual property and copyright law, any use is prohibited except for strictly private purposes.
No transfer of intellectual property rights is made through these Terms. Without prior authorization, any reproduction of our site, in whole or in part, is strictly prohibited. Any total or partial reproduction, modification, or use of these goods for any reason is strictly forbidden.
InMotion Planner retains the intellectual property of purchased resources.
Article 13: Acceptable Use
As a user, you agree to use our site legally and not for illicit purposes, namely:
- Violating the intellectual property rights of the site owners or any third parties
- Reselling, redistributing, or sharing these models in whole or in part for any reason
If we determine that you are using this site illegally or in a manner that violates the above acceptable use conditions, we reserve the right to limit, suspend, or terminate your access to this site. We also reserve the right to take all necessary legal actions to prevent you from accessing our site.
Article 14: Complaints
Any complaints should be addressed electronically to: info@inmotionplanner.com
Article 15: User Contributions
Users may post the following information on our site:
- Customer reviews
By publicly posting on our site, you agree not to act illegally or violate the acceptable use conditions listed in this document.
Article 16: Personal Data Protection
Certain information related to the client (such as name, address, email) will be collected to process orders and issue invoices. Client information will never be shared with third parties. In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016, and the French Data Protection Act of January 6, 1978, as well as Quebec law P-39.1 – Act respecting the protection of personal information in the private sector, you have the rights to query, access, modify, oppose, and rectify personal data concerning you. By agreeing to these terms and conditions, you consent to our collection and use of this data for the execution of this contract.
By entering your email address and checking the box “I would like to receive exclusive emails with discounts and product information (optional)” during checkout, you will receive emails containing information and promotional offers about products published by the Seller and their partners. You can unsubscribe at any time.
We use tools such as GDPR cookie manager and Shopify sets for this purpose.
Article 17: Applicable Law
This document is governed by the applicable laws of Canada and aims to comply with the necessary rules and regulations. All clauses in these terms and conditions, as well as all purchase and sale transactions they pertain to, will be subject to the laws of the province of Quebec and Canada. Canadian jurisdictions are the sole competent authorities to settle disputes. The nullity of one contractual clause does not affect the validity of these terms and conditions.
We undertake full contractual responsibility towards you in case of non-performance or improper performance of the concluded contract.
However, our contractual liability cannot be engaged in the following situations:
- Force majeure
- External factors not attributable to us
The photographs on our site have no contractual value and therefore cannot engage our liability.
Article 18: Modifications
These terms and conditions may be modified from time to time to ensure legal compliance and reflect changes in how we manage our site and expect users to behave on it. We recommend that users periodically review these terms and conditions to stay informed of any updates.
Contact
Please contact us if you have any questions or concerns. Our contact details are:
4388 Rue Saint-Denis Suite 200 #718, Montreal, Quebec, H2J 2L1, Canada
Feel free to read our FAQ page for answers to frequently asked questions.
Effective Date: November 22, 2021.
