Terms and Conditions of Use

Welcome to the website www.emondagesimard.com (hereinafter the "Site"), operated by Les Entreprises Céline Simard (hereinafter the "Seller"). 

By accessing or using this Site, you acknowledge that you have read, understood, and agreed to be bound by these terms, which constitute a complete and legally binding agreement between you and the Seller.

If you do not accept these terms in their entirety, you must immediately discontinue any use of the Site.

The Seller reserves the right to modify, update, or remove these terms at any time without prior notice. Continued use of the Site after such changes are posted constitutes implicit acceptance of the updated terms.

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Electronic Communications

By browsing the Site or communicating with us electronically (form, email, or any other digital means), you consent to receive electronic communications from the Seller. Such communications, including notices, confirmations, invoices, or other exchanges, have the same legal value as a written and signed paper document.

You acknowledge that all electronic communications sent by the Seller will be deemed received and accepted once sent to the email address you provided. The Seller shall not be held responsible for delays, losses, transmission errors, or delivery failures due to technical issues, email filters, or any other circumstances beyond its reasonable control.

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Merchant Rights

ÉmondageSimard.com reserves the right, at its sole discretion and without prior notice, to:

• Refuse or suspend the provision of any service at any time and for any valid reason;

• Modify, limit, or cancel any order, including after confirmation or payment, if a pricing, description, availability, or billing error is identified, or if the intended use of the product appears non-compliant;

• Restrict, suspend, or terminate any user’s access to the Site without notice in cases of non-compliance with these terms, abusive behavior, or fraudulent use;

• Modify, update, or remove at any time, and without obligation to notify users, any content, information, product, service, or feature of the Site.

The Seller shall in no event be liable for any losses, damages, or inconveniences arising from the exercise of these rights.

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Merchant Contact Information

ÉmondageSimard.com
Operated by Les Entreprises Céline Simard
928, 11e Avenue, Laval (Québec), H7R 4M7
📧 emondagesimard@gmail.com
📞 514-755-7578

Communication with the Merchant

For any questions, additional information, or clarifications regarding these terms, users are invited to contact us in writing or by phone.

All communications from the customer must be directed to the contact details above. The Seller assumes no responsibility if the customer uses incorrect, outdated, or unofficial contact information.

The Seller reserves the right to respond within a reasonable timeframe, and no immediate response can be guaranteed.

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General Provisions

These terms have been in effect since March 27, 2024 and may be modified at any time without prior notice. By continuing to use the Site after any modifications, you agree to the updated terms.

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Buyer Commitment – Safe Use

The purchaser of a tripod ladder acknowledges having reviewed the applicable safety rules and agrees to comply with them at all times.

This commitment includes, but is not limited to:
A) The manufacturer’s instructions and recommendations;
B) Applicable laws, standards, and regulations in their jurisdiction, such as:

• RSST, Article 25.1 (Québec);

• CSTC, Article 3.9.1;

• WSPS Recommendations (Canada/Ontario);

• National and international safety and certification standards: CNESST – Légis Québec – RSST – CSTC – WSPS Canada – CSA – CCHST – EN131 – TÜV – ANSI – SC.

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Buyer’s Responsibility

• The purchaser is solely responsible for the safe and compliant use of the ladder.

• Any failure to comply with safety rules, any misuse, or any violation of applicable regulations will automatically render the warranty null and void and release the Seller from all liability.

• The Seller shall not be held responsible for any accident, injury, material damage, or consequence resulting from improper use or failure to comply with safety rules.

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Return and Refund Policy

• Final Sales: All products are considered final sales. No returns or refunds are accepted, except in cases of a manufacturing defect confirmed in writing by the Seller.

• Prior Authorization: All returns must be pre-approved in writing by the Seller and accompanied by a Return Merchandise Authorization (RMA) number. No unauthorized returns will be accepted.

• Applicable Fees: If a return is exceptionally authorized, a minimum return fee of 10% of the invoice amount will apply, in addition to handling and inspection fees. These fees may be higher depending on the condition of the returned product.

• Product Condition: Products must be returned in their original packaging, complete, undamaged, and unused. Any incomplete, worn, modified, or damaged product will be automatically refused or subject to additional fees.

• Transport Fees: Delivery, transport, and handling charges are non-refundable under all circumstances, including when delivery services have already been performed. Return shipping costs are the sole responsibility of the customer.

• Delay and Inspection: Any returned product is subject to a full inspection before any refund or replacement decision. The Seller retains full discretion to accept or refuse a return.

• Refund Limitations: No cash refunds will be issued. Authorized refunds will be processed using the same payment method as the original purchase, less applicable fees.​

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Warranty Policy – Tripod Orchard Ladders​

A) FALCON, FG, STOKES, and FRIGÉRIO *Limited warranty – 90 days:

• *The limited 90-day warranty covers exclusively:

• Manufacturing defects identified upon receipt or within 90 days of purchase;

• Material defects under normal domestic use and in compliance with the manufacturer’s instructions.

• Exclusions: This warranty does not apply in cases of:

• Normal wear and tear of parts and surfaces;

• Misuse, overloading, failure to comply with the manufacturer’s indicated weight capacity, or improper installation;

• Unauthorized modifications, repairs, or alterations;

• Damage resulting from accidents, falls, use on unstable ground, or improper storage;

• Commercial or professional use. 

B) CAGSAN *Limited warranty – 3 years:

• *The limited 3-year warranty covers exclusively: 

• Manufacturing defects;

• Material defects;

• Problems occurring under normal domestic use and in compliance with the manufacturer’s instructions.

• Exclusions: This warranty does not cover:

• Normal wear and tear (scratches, marks, discoloration, corrosion, etc.);

• Consumable or replaceable parts (rubber tips, hinges, straps, screws, rivets, feet, legs, pads);

• Damage caused by misuse, overloading, or non-compliance with safety instructions;

• Repairs or modifications performed by unauthorized third parties;

• Damage related to transport, improper storage, or extreme environmental conditions (humidity, corrosion, weather exposure)

C) *General Conditions:

• Warranty is valid only upon presentation of an original proof of purchase (i.e., order or invoice).

• Our product warranties take effect from the date of order.

• The product must be returned complete for inspection before any decision regarding repair or replacement.

• Transport costs related to returns or shipping are the responsibility of the customer, unless otherwise stated in writing by the Seller.

• The manufacturer reserves the right to replace the defective product or part, as deemed appropriate.

• Pro-rated application: After 30 days of use, any claim may be treated on a pro-rata basis for the remaining warranty period, requiring a financial contribution from the customer.

• Safety compliance: The user must comply with all applicable safety rules and standards in their province, state, or country when using the ladder.

• The user is required to regularly inspect the ladder and stop using it immediately in case of damage, cracks, deformation, or instability. The warranty becomes void if these obligations are not met.

• Inspection and storage fees: Fixed inspection fees of $100 and storage fees of $20 per day may be charged, at the sole discretion of the Seller, if the product evaluation demonstrates:

• Misuse;

• Non-compliance with the manufacturer’s instructions or applicable safety standards;

• An abusive or unfounded claim attempt.

• These fees are cumulative, non-refundable, and payable immediately. Their application does not limit the Seller’s right to claim other fees, compensation, or legal remedies deemed necessary..

D) *Limitation of Liability:

• The Seller and the manufacturer shall in no event be held liable for injuries, loss of income, economic damages, or indirect, consequential, or incidental damages resulting from the use of the ladder.

• The warranty does not cover damages caused by force majeure (fire, flood, storm, natural disaster, etc.).

E) *Territorial and Legal Limitation:

• The warranty is valid only in the country or province of purchase.

• Any claim or dispute will be governed by the laws of the Province of Québec, Canada, and submitted exclusively to the jurisdiction of the courts of the Judicial District of Laval.

F) *Final Clause:

• The Seller retains absolute discretionary power in the application of the warranty and reserves the right to accept, refuse, or limit any claim, even if the stated conditions appear to have been met.

G) Manufacturer:

• The FALCON brand is sold by the Canadian manufacturer in British Columbia.

• The STOKES brand is sold by the American manufacturer.

• The FRIGÉRIO brand is sold by the Italian manufacturer.

• The FG brand is sold by the manufacturer Foshan Gaobu Aluminium Ladder Co. Ltd., located at No. 38, Factory Building, Behind North Village Street, Luocun Street, Shishan Town, Nanhai District, Foshan City, Guangdong, China.

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General Terms and Conditions

1. Acceptance of Terms

• By accessing and using the Site operated by Les Entreprises Céline Simard (hereinafter the “Merchant”), you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.
  You also agree that any communication conducted electronically with ÉmondageSimard.com has the same legal value as a written and signed communication.

2. Merchant’s Rights

The Merchant reserves, at its sole discretion and without prior notice, the right to:

• Refuse or discontinue the provision of any service, at any time and for any reason deemed valid;

• Cancel or correct an order, even after confirmation or payment, particularly in the event of an error in pricing, description, availability, or billing;

• Close a customer account, restrict, suspend, or terminate access to the Site in cases of non-compliance with these terms, abusive behavior, or fraudulent use;

• Limit the quantity of any product or service ordered;

• Require verification or additional information before accepting and/or shipping any order;

• Modify, update, or remove at any time, and without obligation to notify users, any content, information, product, service, or functionality of the Site.

• ⚠️ Limitation of Liability: Under no circumstances shall the Merchant be held liable for any losses, damages, costs, or inconveniences resulting from the exercise of these rights.

3. Products, Content, and Specifications

• Photos and Images: Product photos are provided for illustrative purposes only. Colors, dimensions, and proportions may vary depending on the user’s screen and computer system.

• Descriptions: Measurements, weights, and technical specifications are approximate and provided for convenience.

• Availability: The inclusion of a product or service on the Site does not guarantee its availability at all times. Some products shown in lifestyle images may not be available for purchase.

• Accuracy of Information: Despite our best efforts, errors or omissions may occur. The Merchant does not guarantee that all information displayed is exhaustive, accurate, or up to date.

4. Promotions and Pricing

• Erratum (October 1, 2022): Any advertisement displayed on monpanier.ca or on any site other than emondagesimard.com is deemed obsolete. Only the prices and conditions listed on ÉmondageSimard.com shall prevail.

• Discounts and Promotions: Based on the manufacturer’s suggested retail price or comparable competitor models. Cannot be combined with other offers.

• Currency and Taxes: Prices are listed in Canadian dollars and are subject to applicable taxes.

• Modifications: Prices, availability, and specifications may be changed without notice. Products are always invoiced at the rate in effect at the time the order is recorded.

5. Customer’s Exclusive Remedy

• In the event of product non-conformity or a discrepancy in description, your sole and exclusive remedy is to return the item in its original, unused, and complete packaging, in accordance with the Merchant’s return and refund policy.

6. Additional Protective Clauses

• Disclaimer of Implied Warranties: No implied warranties of durability, performance, or fitness for a particular purpose are provided, except where required by law.

• Limitation of Liability: The Merchant, its officers, employees, and partners shall not be held liable for any indirect, consequential, punitive, or economic damages arising from the use of the Site or from the purchase of any product.

• Force Majeure: The Merchant assumes no liability for delays or non-performance caused by events beyond its control (natural disaster, strike, pandemic, supply chain disruption, technical failure, government restrictions, etc.).

• Priority of Terms: In the event of a discrepancy between these terms and any other communication (advertisement, email, announcement), only the present terms and conditions published on the Site shall prevail.

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Delivery and Transfer of Ownership

• Pickup: Products must be collected by appointment within 10 business days of the availability notice by calling 514-755-7578. After this period, storage fees may apply.

• Delivery Fees: Delivery fees are the sole responsibility of the customer, regardless of pickup location (3 points available, Monday to Friday). The customer is responsible for selecting and arranging their own carrier.

• Transfer of Ownership and Risks: Ownership and all risks of loss, theft, damage, or deterioration pass to the customer as soon as the goods are handed over to the chosen carrier, even if the carrier was recommended by the Seller. The Seller assumes no responsibility after this transfer.

• Condition of Goods: Orchard ladders are manufactured outside of Québec and shipped without protective packaging. As such, they may present minor scratches or superficial marks from transport and handling. These do not affect the solidity, safety, or functionality of the ladder and therefore cannot be subject to claims or compensation.

• Inspection upon Receipt: The customer must inspect the goods upon receipt and immediately report any major damage to the carrier. Otherwise, the goods will be deemed accepted as is.

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Quotation Service

• Intermediary only: ÉmondageSimard.com acts exclusively as an intermediary connecting Site users with professional partners. No direct contractual relationship is created between the applicant and ÉmondageSimard.com regarding the services offered by partners.

• Free and non-binding service: The quotation service is offered free of charge and without any obligation to purchase or commitment on the part of the applicant.

• Transmission of contact details: By submitting a request for a quotation or services, the applicant expressly authorizes ÉmondageSimard.com to transmit their contact details (name, email, phone number, and relevant information) to the designated professional partner in order to process the request.

• User responsibility: It is the sole responsibility of the user to verify and validate the licenses, permits, insurance, competencies, and references of partners before entering into a contract or making any payment.

• Disclaimer of liability: ÉmondageSimard.com assumes no liability with respect to:

• The execution, quality, compliance, or timeliness of services provided by partners;

• Contractual agreements entered into directly between the applicant and the partner;

• Any damages, financial loss, delays, disputes, or incidents arising from the use of partner services.

• Independence of partners: Each partner acts independently and is not an employee, representative, or agent of ÉmondageSimard.com.

• Legal limitation: By using this service, the applicant expressly acknowledges that ÉmondageSimard.com cannot be held responsible for any direct, indirect, incidental, or consequential damages related to the connection service. Any potential claims must be addressed exclusively to the chosen partner..​

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Privacy Policy

Collection and use

• Information collected (form, email, phone, or any other form of communication) is used solely for:

• Contact purposes;

• Order or quotation follow-up;

• Transmission to an appointed intermediary at your request;

• Compliance with legal and administrative obligations.

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Transmission of contact details

• By submitting a request for a quotation or services, the applicant expressly authorizes ÉmondageSimard.com to transmit their contact details (name, email, phone number, and relevant information) to the designated professional partner in order to process the request.​

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Data Sharing

• Authorized recipients: Collected data may only be shared with trusted partners (carriers, suppliers, IT service providers, payment platforms, intermediaries assigned to the file), and strictly to the extent necessary for the performance of services provided or the management of the order.

• Disclaimer of liability: The Seller cannot be held responsible for the use, management, or retention of data by these partners, who remain fully responsible for their compliance with applicable personal data protection laws.

• Explicit consent: By providing their personal information, the customer gives their explicit and irrevocable consent to such data sharing for the purpose of fulfilling their request or order, and waives any claims against the Seller related to the authorized transmission of this information.

• Limitation: No other data sharing will be carried out without the customer’s prior consent, unless required by law, a government authority, or a judicial decision.​

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Legal compliance

• ÉmondageSimard.com complies with the Act Respecting the Protection of Personal Information in the Private Sector (Québec) as well as applicable Canadian standards.
  However, the Seller cannot be held responsible for security breaches, data loss, or incidents beyond its reasonable control (cyberattacks, hacking, transmission errors, technical failures, force majeure, etc.).​

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Retention and withdrawal

• Data is retained only for the period necessary to provide the services and ensure legal compliance.
  You may request the removal of your information from our database at any time, except where retention is required by law (e.g., billing, tax obligations, regulatory compliance).​

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Commitments

• Your data will never be sold or transferred to unauthorized third parties.
  However, the Seller reserves the right to disclose certain information if required by law, a competent government authority, or in the context of legal proceedings.​

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Limitation clause

• By providing your information, you acknowledge and accept that:

• Despite security measures in place, no IT system is completely risk-free;

• The Seller shall not be held liable for any direct, indirect, material, immaterial, or consequential damages related to the use, loss, or unauthorized disclosure of data beyond its control.

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Products and Services

• Availability: Products and services displayed on the Site are offered subject to stock availability and may be withdrawn or modified at any time without notice.

• Accuracy of information: Despite efforts to ensure accuracy in descriptions, prices, dimensions, and photos, ÉmondageSimard.com cannot guarantee that published information is free of errors, omissions, or minor variations. Such variations do not affect the validity of the sale or product compliance.

• Products sold “as is”: Unless otherwise stated in writing, all products are sold “as is”, without implied warranties of merchantability or fitness for a particular purpose other than what is expressly stated by the manufacturer.

• Limitation of implied warranties: No implied warranty or statutory condition (including durability, performance, or suitability for a specific use) applies, except as required by law.

• Customer responsibility: The user is responsible for ensuring that the product or service meets their needs and is used in accordance with instructions, safety standards, and regulations applicable in their province, state, or country.​

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Use of the Site

• By using this Site, the user agrees to:

• Provide only authentic, accurate, and up-to-date information;

• Not submit false, fraudulent, or misleading requests;

• Not attempt to compromise the security or proper functioning of the Site (viruses, hacking, bots, automated data extraction, etc.);

• Not impersonate another person or provide false contact details;

• Not bypass, disable, or attempt to bypass security measures in place;

• Use the Site solely for personal and lawful purposes.

• Any abusive or non-compliant use may result in immediate suspension of Site access, without notice or compensation, and may lead to civil or criminal proceedings.​

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Limitation of Liability

• ÉmondageSimard.com and its representatives disclaim all liability for:

• Direct, indirect, incidental, consequential, or punitive damages related to the use or inability to use the Site;

• Any loss of data, business interruption, revenue, or service downtime;

• The accuracy, completeness, or timeliness of information published on the Site;

• The content, policies, and practices of external sites accessible via hyperlinks;

• Security breaches, transmission errors, technical interruptions, or events beyond its reasonable control (force majeure, cyberattacks, IT failures, etc.).​

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Copyright and Intellectual Property

• All content on the Site, including but not limited to texts, images, videos, logos, graphic designs, and documents, is protected by copyright and intellectual property laws.

• Any reproduction, distribution, modification, adaptation, or use, in whole or in part, without prior written authorization from the Seller, is strictly prohibited and may result in legal action.

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Disputes

• Any dispute relating to the use of the Site or these terms will be governed exclusively by the laws of the Province of Québec (Canada), within the district of the City of Laval.
  Exclusive jurisdiction is granted to the courts of the Judicial District of Laval (Québec), and any legal action must be brought before them.​

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Modifications

• ÉmondageSimard.com reserves the right to modify, update, or remove these terms at any time without notice.

• The most recent version is always available on this page.
  It is the user’s responsibility to regularly review the applicable conditions.
  Continued use of the Site after any modification constitutes implicit acceptance of the updated terms.