TERMS OF SALE
Last updated: November 20, 2025,
Preamble
Global-e is the e-commerce partner of Guillemot Inc. ("Guillemot") that operates this online webstore ("Webstore"). We act as the merchant of record for Guillemot’s transactions in Canada, selling in our name and on behalf of Guillemot those physical products or digital products marketed under the Thrustmaster or Hercules brand name (respectively, the “Physical Products” and the “Digital Products”, and collectively, the “Products”) and made available on the Webstore.
By placing an order for Products with us ("Order"), you acknowledge that we act as the merchant of record and you unconditionally agree to be bound by these Terms of Sale, and to our Privacy and Cookies Policy (collectively, the "Terms"). You also unconditionally agree to abide by Guillemot’s Privacy Policy, Cookies Policy, and Terms of Use (collectively, the “Guillemot Terms”) whenever you access, browse, or make purchases on the Webstore.
When your Order relates to a Digital Product, the confirmation of your Order also automatically implies your adherence to the related user licence agreement (“User Licence Agreement”) and your unreserved acceptance of the terms of said agreement.
If you disagree with these Terms or with Guillemot Terms, please do not complete your Order.
These Terms are written in, and governed by, the English language. Any translations are provided for convenience only, unless otherwise required by applicable law.
The Global-e contracting party under these Terms (also referred to hereunder as “Global-e” “we” or “us”) is Global-e Canada e-commerce Ltd., unless otherwise specified on your receipt. Information about us and our group’s companies is available in this link: [Global-e Entities].
1.DESCRIPTION OF THE OFFER ON THE WEBSTORE
1.1. Products are offered for sale subject to availability and within the limits of inventory. You will be informed of the unavailability of Products via the Webstore. If a Product you ordered becomes unavailable after your Order has been placed, Guillemot will contact you as soon as possible to inform you of the situation and offer you the choice to either (i) cancel the entire Order, or (ii) maintain your Order and wait for the availability and shipment of the entire Order. If you choose to cancel your Order, you will be reimbursed for the amount paid for the Order within fifteen (15) days following dispatch of the notification of cancellation.
1.2. The main features of Products are set out in the descriptions published on the Webstore (hereinafter the “Product Sheets”). These Product Sheets include, in particular, a photograph of the Product and a technical description. Guillemot takes reasonable care to ensure the accuracy of the Product Sheets. Neither Guillemot nor Global-e shall not be held liable for minor errors in the Product Sheets that are obvious to a reasonable consumer or do not materially affect your ability to understand the essential characteristics of the Product. This limitation does not exclude liability for errors that affect product functionality, safety, or compliance with applicable laws and regulations. Guillemot reserves the right to amend or withdraw the Product Sheets at any time, and it is therefore your responsibility to consult the Product Sheets before accepting the offer. Should you have any questions regarding the Products, you may contact Guillemot via the form available on the Webstore and accessible in the “CONTACT US” section.
1.3. Product documentation (e.g. packaging, manuals, care labels, instructions, safety warnings) will be provided in English language. No spare parts for the Physical Products will be provided by Guillemot. For Digital Products, Guillemot will provide all updates necessary to maintain their conformity in accordance with the related provisions of the User Licence Agreement.
1.3.1. You are responsible for ensuring that the Physical Product is suitable for safe use at your delivery address, including ensuring safe access for delivery and installation if applicable.
1.3.2. You are responsible for ensuring that your digital environment meets the technical compatibility requirements of the Digital Product if applicable.
1.4. The Webstore may feature specific categories of Products, including but not limited to, Products offered in the “Deals” section and Products offered as part of Bundles.
1.4.1 The Products offered in the “Deals” section include specific types of Products, namely Discontinued items and Products with damaged packaging. Discontinued items are Products that are no longer manufactured following the release of new models and represent the last remaining new units prior to inventory depletion. Products with damaged packaging are new Products from the inventory of Guillemot or one of its business customers whose packaging has been altered or damaged during storage or logistical processing.
1.4.2 A Bundle refers to a set of Products displayed and offered for sale on the Webstore at a reduced price compared to the total price of the individual Products when sold separately. Bundles are offered independently of the “Deals” section and may include new Products or other types of Products, as specified in the Product Sheet.
2. PLACING YOUR ORDER OR YOUR PRE-ORDER
2.1. PLACING YOUR ORDER.
2.1.1. To place an Order, you must first identify yourself by logging in to your customer account, or by creating one if you are a first-time customer and fill in all required information (including your full name, billing and delivery addresses, contact email and payment details), before clicking the "Pay and Place Order" button (or the button that displays similar verbiage) on checkout. You agree to always provide valid, current and true information about yourself. Please review your details and the Order details carefully, as our checkout process allows you to identify and correct any input errors before submitting the Order.
2.1.2. The checkout displays the Products, their prices, delivery or shipping costs (if any) (“Delivery Costs”), and applicable import duties, taxes and charges which may be imposed in relation to the clearance of the Order into the delivery destination (collectively, “Duties & Taxes”).
2.1.3. All Products must be purchased in Canadian dollars (CAD). Please note that due to exchange rate fluctuations, prices may change from time to time, however the total Order amount as presented on checkout when completing your Order will not be affected by such exchange rate fluctuation. The Webstore displays Product images and characteristics. Minor visual differences may occur between displayed images and the received Products (e.g., in colour, texture etc.). Dimensions may vary slightly. The checkout page will present the relevant payment options which are available to you, based on your location. You may pay for your purchases on the Webstore using any of the payment methods supported at the time of checkout, including credit or debit card (Visa, MasterCard, American Express®, JCB, Diners Club International, Discover), PayPal®, Amazon Pay, Google Pay or Klarna. When using an express payment method (such as PayPal®, Amazon Pay, or Google Pay), you will be redirected to the relevant third-party platform to authorize and complete your transaction. Global-e, acting as the merchant of record, will use one of its third-party payment processors (including, as needed, their tools, technology or services) to process the payment. Payment will be made to Global-e Canada e-commerce Ltd. or to one of our intra-group affiliates (listed <<<here>>>). and such payment will be deemed a payment to us.
2.1.4. The information contained in these Terms and the data presented on the Webstore and checkout serves only as an “invitation to offer”. No commitment to sell or provide the Products is made until you receive an email explicitly stating that the Order has been accepted and confirmed (" Order Confirmation"). The contract for the sale of Products comes into effect only upon Order Confirmation and is concluded in the province or territory where you reside. If shipping, delivery, or other fulfilment obligations cannot be completed, you will be notified via email, and the applicable refund amount will be processed promptly.
2.1.5. Orders may be subject to fraud checks and other mandated regulatory checks, such as 'denied parties screening', or any other case of suspicion that the identity, address, email, or payment information provided were used fraudulently or in an unauthorized manner. In some cases, we may require you to provide additional verifications and information as a pre-condition to Order Confirmation/fulfilment.
2.1.6. Once your payment has been authorized by the bank, the Order shall be confirmed and the sales contract shall be deemed to have been concluded between you and us. You shall receive an email from us confirming the Order. We shall then have a maximum of thirty (30) days following the conclusion of the sales contract to deliver the Order to you..
2.1.7. Your Order may be declined or cancelled, in full or in part, either before or after an Order Confirmation has been issued. We may take such action when one or more of the following situations applies, or for any other legitimate reason that prevents us from accepting or fulfiling your Order:
· cases where Orders failed the fraud or regulatory checks;
· cases where Orders are deemed abnormal or suspected of being placed in bad faith;
- cases where Orders were not placed by consumers;
· cases where the payment information provided cannot be verified or the payment is not authorized;
· cases where a Product included in the Order is unavailable, discontinued, or cannot be delivered to your address;
· cases where a Product is subject to quantity limits, on a per-Order, per-address, or other basis;
· cases where actual or suspected errors occur, whether such errors are related to us, Guillemot, you, or any third party. Errors may refer to good faith, genuine, or honest mistake without which the Order would not have been placed, accepted or dispatched, and a contract to sell the Product(s) would not have been agreed upon. By way of example, this may include an unusually low price of a Product that is typically priced significantly higher, absent of a legitimate sale or promotion. This also extends to cases where the error was exploited to purchase an unusual quantity of Products.
If your Order is cancelled or declined before payment is processed, your payment method will not be charged. If payment has already been processed, you will receive a full refund in accordance with these Terms. In case of pricing, availability, or product errors, any confirmation issued prior to correction of such error will not constitute acceptance of the Order, and we will promptly notify you of the cancellation or decline and refund the relevant amount. We will provide notice of any Order cancellation or decline and, where reasonably possible, indicate the reason for it, except where disclosure would be contrary to law or could reasonably be expected to compromise our fraud-prevention or security protocols.
2.2. PLACING YOUR PRE-ORDER.
2.2.1. We allow you to pre-order certain Products on the Webstore. A “Pre-order” means an Order on the Webstore before the official release date of a new Product, or before the date on which an out-of-stock Product becomes available for sale again. The presence of “Pre-order” label on a Product’s page indicates that you may place a Pre-order for that Product.
2.2.2. If you have placed a Pre-order for a Product, you are guaranteed that your Product will be reserved for you and shipped or made available as a priority once it is officially released on the Webstore, or once it becomes available for sale again. By placing a Pre-order, you acknowledge and accept that there may be a waiting period of several weeks before the Product is delivered. All stated delivery dates are estimates only and may change due to unforeseen circumstances.
2.2.3. In the event that you have simultaneously placed a Pre-order and an Order for Physical Products already available for sale on the Webstore, you will receive all of the Products ordered — including those immediately available — as of the official release date of the Pre-ordered Product on the Webstore, or the date on which it becomes available again. Where applicable, Digital Products will be made available to you immediately, regardless of the release date of any Pre-ordered Product.
2.2.4. Pre-order inventory is limited, and Pre-orders are processed in the order they are received. Payment for the Pre-ordered Product is required upon confirmation of the Pre-order, and your selected payment method will be charged according to the payment terms chosen at checkout.
2.2.5. We reserve the right, at our sole discretion, to:
· Postpone the official release date of a new Product;
· Postpone the date on which an out-of-stock Product becomes available again on the Webstore; or
· Cancel Pre-orders for any reason.
2.2.6. If you have placed a Pre-order, you will be informed by email of any change to the release or availability dates, or in the event your Pre-order is cancelled. If we cancel a Pre-order, you will be fully refunded for the amount paid when the Pre-order was confirmed. No other compensation or indemnity will be due in connection with such cancellation.
2.2.7. You may cancel your Pre-order at any time and free of charge, before the Product is shipped or made available to you, through the “AFTER-SALES CUSTOMER SERVICE” section of your customer account. Neither Guillemot nor we shall be liable for any indirect or consequential damages resulting from delays, changes, or cancellations of Pre-orders, except as required by applicable law.
3. PAYMENTS
3.1. If you used a payment method that supports pre-authorization (e.g. most credit cards), the payment amount will first be authorised and will be captured (charged) at the latest on Product dispatch. Other methods (such as PayPal or other e-wallets) are likely to be charged immediately upon Order Confirmation. In any case, the full amount of your Order will be charged even if the shipment is split, or for Pre-orders. The Order will appear on your transaction statement as a transaction placed with "Global-e//Guillemot" (or substantially similar language). We prioritize transparent communication and fair treatment in all payment-related matters. Some payment methods may offer or support different timing than as described above, and that will not be in our control.
3.2. Your bank, card issuer, or chosen payment method may impose additional charges, fees, or surcharges, determined by your relationship with such financial institution and their policies. Global-e and Guillemot will not be liable for, and may not have knowledge or control over, such charges. Please check your terms of service with such financial institutions for more details.
3.3. Global-e takes your payment security seriously and is committed to safeguarding your payment details by implementing strong security measures. Whilst we strive to maintain the highest levels of protection, please be aware that neither Global-e nor Guillemot can be held liable for loss you may suffer as a consequence of a third party accessing your payment or account credentials.
3.4. special terms pertaining to paymentby Invoice with Klarna: In cooperation with Klarna and in certain jurisdictions only, you may be offered the opportunity to purchase the Product using Klarna as a payment method. The terms and conditions which will apply to payment by Invoice with Klarna can be found here . Eligibility for use of the Klarna invoicing payment method will be determined by Klarna in their sole discretion and Global-e accept no liability in respect of your use of Klarna as a payment method. Where you choose to purchase your Product using payment by invoice with Klarna, you will be sharing your personal data with Klarna and the terms ofKlarna privacy policyshall apply to their use of your personal information. Global-e shall have no responsibility for their use of your personal data.
4. DUTIES & TAXES
4.1. You must pre-pay all applicable Duties & Taxes as part of checkout. If Duties & Taxes were included in the Product price it will be clearly indicated during checkout. Pre-payment of Duties & Taxes applies to all Products and destinations.
4.2. Duties & Taxes amounts are calculated for each individual Order. These amounts will be remitted to the relevant authorities on your behalf. Duties & Taxes cannot be split or combined across multiple Orders. If you make separate purchases for the same destination, you may incur additional taxes or duties upon arrival, which will be your responsibility. Neither Global-e nor Guillemot will be liable for these extra charges.
4.3. Except as required by applicable law, any Duties & Taxes paid by you in connection with your Order will not be refunded by us except where such were included in the Product price. You may be eligible, and in such case solely responsible, to file a drawback claim with the relevant governmental authority.
5. TITLE AND RISK
5.1. The title to the Products ordered transfers from Global-e to you upon delivery at the address specified in your Order.Risk of loss or damage passes to you upon delivery at the address specified in your Order.
5.2. The provision of the Digital Products as stipulated in these Terms and the User Licence Agreement related to the Digital Product shall not be construed as a transfer of ownership to you.
6. ORDER FULFILMENT , HANDLING, AND DELIVERY OF PHYSICAL PRODUCTS
6.1. Your Order's delivery and fulfilment are handled by service providers, selected and managed by Guillemot. Guillemot is not responsible for delays or errors caused by the fulfilment provider, except as required by applicable law. Some Products may not be delivered to certain locations or destinations (due to limitations imposed on the Product itself or by the destination). You will be informed of such constraints on the Webstore or during checkout, and you should not be able to complete an Order containing such limitations. We reserve the right, at any time, to suspend or cancel the delivery of any Product that cannot be legally delivered, even after Order Confirmation, without incurring liability except as required by law.
6.2. Delivery dates provided during checkout (or on the Webstore) are typically estimates, unless explicitly stated otherwise. Your Order will be delivered by the latest date specified at checkout based on your selected delivery method, or if no date is specified, within thirty (30) days of Order Confirmation, barring exceptional circumstances (like Pre-orders). Delivery capabilities and timing depend on your address and chosen delivery method. Different parts of your Order may arrive on separate dates.
6.3. If your Product is not delivered to the address specified in your Order within thirty (30) days after the timeframe indicated at checkout, or within thirty (30) days of Order Confirmation if no date was specified, you are entitled to cancel your Order for delivery delay. However, if you do not exercise this right before delivery occurs, you are no longer entitled to cancel your Order on the basis of delivery delay.
6.4. If you receive a notification of attempted delivery, it is your responsibility to contact the fulfilment provider using the provided details to arrange re-delivery. Efforts will be made to deliver your Product according to the Order details. Any additional costs incurred for re-delivery due to your unavailability, incorrect address, or failure to accept delivery may be passed on to you, to the extent permitted by applicable law.
6.5. Delivery is considered complete when the Product reaches the address you specified in the Order.
7. ORDER FULFILMENT AND PROVISION OF DIGITAL PRODUCTS
7.1. Unless expressly indicated otherwise before you confirm your Order, the Digital Product shall be made available to you immediately after the Order Confirmation. You agree to receive, immediately after such Order Confirmation, an email containing the information regarding the availability of the Digital Product.
7.2. To use the Digital Product, you shall refer to the provisions of the related User Licence Agreement and, where applicable, to any information provided to you when the Digital Product is made available.
8. SPECIAL SALES AND OFFERINGS
8.1. Guillemot may offer opportunities to participate in limited-time/quantity campaigns, competitions, raffles, product drops or similar offerings for the purchase of Products from us (each a “Campaign”). These Campaigns may be available through the Webstore, mobile apps, or other third-party platforms (Campaign Platforms). Campaign purchased Products may be subject to specific terms and conditions (“ Campaign Rules”) in addition to these Terms. These Campaign Rules, if applicable, will be made available on the relevant Campaign Platform.
8.2. By participating in a Campaign, you agree to be bound by both these Terms and the Campaign Rules, including any specific provisions regarding returns, refunds, and cancellations. In case of any conflict between these Terms and the Campaign Rules, the Campaign Rules will prevail.
8.3. If you are announced as a Campaign winner (as determined and notified by Guillemot according to the Campaign Rules), Global-e will automatically process your Order using the payment, billing, and shipping details you provided during registration. By participating, you confirm the accuracy of these details.
9. STATUTORY CANCELLATION RIGHT
9.1. Physical Products
9.1.1. Depending on your jurisdiction, you may have a statutory right to cancel your Order in specific circumstances prescribed by federal, provincial or territorial consumer protection laws.
9.1.2. In the event of an Order relating to a Bundle, your statutory right of cancellation shall apply to the Bundle in its entirety, and shall therefore include all of the Physical Products comprising said Bundle.
9.1.3. In order to exercise your statutory cancellation right, you may notify Guillemot via the contact form available in the “AFTER-SALES CUSTOMER SERVICE” section of your account. Guillemot will confirm receipt of your notification by email.
9.1.4. You must return the Physical Product(s) to Guillemot to the following facility: Importations A1 Inc., 1665 Lionel-Bertrand, Boisbriand, Québec, J7H 1N8, Canada , without undue delay and, in any case, no later than fifteen (15) days following the date on which you have received the return merchandise authorization (“RMA”) from Guillemot’s AFTER-SALES CUSTOMER SERVICE. This deadline shall be deemed to have been observed if you return the Physical Product(s) before expiration of the deadline of fifteen (15) days. The return shall be made in accordance with the return policy set forth under clause 10.
9.1.5. You must clearly indicate — on the package’s protective outer wrapping — any return number or reference number provided by Guillemot’s AFTER-SALES CUSTOMER SERVICE.
9.1.6. The package in which the Physical Products are returned must be prepared by you with the utmost care, ensuring that such Products do not suffer any damage during shipment. You retain sole responsibility for any loss or damage to the returned Physical Products until they are received in the return’s facility. You should therefore consider using a tracked courier service and ensure adequate insurance for returned Physical Products.
9.1.7. Each Physical Product returned must be in perfect condition, namely in its original packaging, undamaged and accompanied by all of its accessories (documentation, cables, remote controls, installation CDs, etc.). You shall be held liable for abnormal use of the Physical Product (particularly in the event of use rendering such Product unfit for resale), for any diminished value of the Physical Product resulting from any handling other than that required to ascertain the nature, features and proper functioning of the Physical Product, and for use incompatible with the principles of civil law, such as those of good faith or unjust enrichment.
9.1.8. In the event of cancellation on your part, we will reimburse you for the amount of the Physical Product(s) subject to the statutory cancellation right, including delivery costs (excluding additional costs which may have been incurred should you have selected a method of delivery other than the least-costly standard method of delivery offered during checkout) without unjustified delay and, in any case, no later than fifteen (15) days following the date on which we are informed of your statutory cancellation decision. Duties & Taxes are typically non-refundable. Guillemot reserves the right to instruct us to defer the reimbursement until such time as it has received the Physical Product(s) or until you have provided it with proof of shipment of said Product(s), whichever of the two is the earliest. Reimbursement will typically be made through your original payment method.
9.1.9. This statutory cancellation right does not limit any other rights you may have under federal, provincial or territorial consumer protection laws.
9.2. Digital Products
9.2.1. If the Digital Product is not made available as required, you may notify Guillemot via the contact form available in the “AFTER-SALES CUSTOMER SERVICE” section of your account and requestthat the Digital Product be provided within a reasonable additional period.
9.2.2. If Guillemot fails to provide the Digital Product within this additional period, you may cancel your Order using the contact form and receive a full refund. If the Digital Product has already been provided before Guillemot receives your notice of cancellation, the Order cannot be cancelled.
10. RETURN POLICY FOR PHYSICAL PRODUCTS
10.1. In the event of a return of the Product(s) pursuant to clauses 9.1 or 11, you must obtain an authorization and a return number from Guillemot’s after-sales service by sending a request using the contact form, to be completed and sent online, available on the Webstore and accessible in the “AFTER-SALES CUSTOMER SERVICE” section of your customer account. You shall indicate the return number assigned on the package containing the Product(s) being returned.
10.2. It is understood that any Product returned without a return authorization number shall be refused by Guillemot, and that no reimbursement shall be made to you.
10.3. The return package containing the Product(s) must be prepared by you with the utmost care, in order to ensure that no Product suffers any damage in transport. Neither we nor Guillemot shall be held liable for damage caused to any returned Product as a result of unsuitable or non-resistant packaging, or as a result of a lack of protection or insufficient protection for the Product(s) inside of the package.
10.4. The costs associated with returning Products in the cases provided for in clauses 9.1 and 11 shall be borne by Guillemot, subject to you having followed Guillemot’s instructions regarding the return process.
10.5. Only the original buyer is entitled to any rights of return or statutory cancellation and any refund. Gift recipients are not eligible for refunds. This clause does not limit or exclude consumer warranties that cannot be excluded under applicable consumer rights legislation explicitly prevailing over the governing law hereof.
11. WARRANTY
11.1. Guillemot provides a limited warranty (“Manufacturer Warranty”) under which:
11.1.1 Physical Products purchased on the Webstore are warranted to be free from defects in materials and workmanship and to conform to their description for a period of twelve (12) months from the date of delivery (“Physical Product Warranty”).
This Physical Product Warranty does not cover (i) normal wear and tear; (ii) damage resulting from misuse, accident, or failure to follow the Product’s instructions; or (iii) unauthorized modifications or repairs.
11.1.2 Digital Products purchased on the Webstore are warranted to conform to the specifications set forth in the Product Sheet and to perform in accordance with the related User Licence Agreement for a period of twelve (12) months from the date the Digital Product is made available to you (“Digital Product Warranty”).
This Digital Product Warranty does not cover any defects or malfunctions arising from (i) misuse, unauthorized modifications, or alteration of the Digital Product; (ii) use with hardware, software, or services not provided or expressly approved by Guillemot; (iii) incompatibility between the Digital Product and your digital environment; or (iv) any third-party software, services, or integrations not provided or expressly approved by Guillemot.
11.2. The Manufacturer Warranty applies in addition to, and does not replace or limit, any legal or statutory rights that you may have under applicable federal, provincial, or territorial law.
11.3. If a Product is damaged, faulty or develops a fault, you may have remedies under applicable law, depending on when you notify Guillemot of such faults.
11.4. To make a claim under the Manufacturer Warranty or your statutory rights, you must contact Guillemot using the contact form, to be completed and submitted online, available on the Webstore and accessible in the “AFTER-SALES CUSTOMER SERVICE” section of your account. You must provide the number and date of the Order corresponding to the Product for which you wish to enforce the Manufacturer Warranty and a description of the defect observed. This notification process is provided for convenience and does not affect your legal rights under applicable law.
11.4.1. Physical Products
11.4.1.1.If you notify Guillemot of a defect within thirty (30) days of receiving a Physical Product, you may submit evidence of the defect by any reasonable means, such as photographs or video. Once the defect has been verified by Guillemot, you may return the Physical Product to Guillemot to the following facility: Importations A1 Inc., 1665 Lionel-Bertrand, Boisbriand, Québec, J7H 1N8, Canada , in accordance with the return process set forth under clause 10. Upon receipt of the returned Physical Product, you will be entitled to a full refund, including the original delivery costs and return shipping costs, if any.
11.4.1.2.For claims made after thirty (30) days from delivery and within the applicable warranty period, including the Manufacturer Warranty and any applicable statutory warranty periods, you must notify Guillemot of the defect and return the Physical Product to Guillemot Corporation S.A., Rue de l’Épine, 56910 Carentoir, France , following the return process set forth in clause 10. Upon confirmation of the defect, Guillemot will, at its discretion, either repair the Physical Product at no charge or replace it with a new or equivalent Physical Product. If repair or replacement is not feasible, or if the repaired or replacement Physical Product remains defective or cannot be provided within a reasonable time, you may request an alternative remedy, such as a replacement (if repair was first attempted) or a refund (if replacement is not possible).
11.4.2. Digital Products
If a Digital Product does not conform to the Manufacturer Warranty or to applicable statutory warranties, you must notify Guillemot of the defect or non-conformity. Upon confirmation of the defect, Guillemot will attempt to bring the Digital Product into conformity free of charge, within a reasonable time, and in a manner that does not cause you significant inconvenience.
If bringing the Digital Product into conformity (a) is not possible; (b) is unreasonably delayed; (c) would impose undue costs or inconvenience on you; or (d) is unsuccessful, you may either:
· Terminate your access to the Digital Product, in which case Guillemot shall refund the full purchase price; or
· Retain access to the Digital Product, in which case you shall be entitled to a proportional reduction of the purchase price reflecting the diminished value of the Digital Product, as reasonably determined by Guillemot.
11.5. Warranty coverage may vary depending on your jurisdiction. Consumers in certain provinces or territories may have additional legal rights under local legislation governing consumer goods sales. These rights are fully preserved and not affected by the Manufacturer Warranty.
SPECIFIC PROVISIONS FOR CONSUMERS IN QUEBEC JURISDICTION
In addition to the Manufacturer Warranty, consumers in Québec benefit from rights under the Consumer Protection Act and the Civil Code of Québec. All Products purchased from us are subject to a legal warranty. Products must:
- be fit for the purposes for which products of that kind are ordinarily used (section 37 of the Act);
- be durable for a reasonable length of time, considering the price paid, the terms of the contract, and the conditions of use (section 38 of the Act).
For more information on this legal warranty, please visit the Office de la protection du consommateur website: www.opc.gouv.qc.ca .
SPECIFIC PROVISIONS FOR CONSUMERS IN OTHER CANADIAN JURISDICTIONS
Consumers in all other Canadian provinces and territories benefit from statutory warranties implied by local consumer protection or Sale of Goods legislation. Under these laws, Products purchased from us are subject to implied conditions and warranties that:
- the Products are of merchantable quality;
- the Products are reasonably fit for their intended purpose, provided the purpose has been made known to us;
- the Products correspond with their description or any sample provided; and
- the Products are durable for a reasonable period of time, having regard to their nature and intended use.
For clarity, these protections apply under the following legislation or equivalent laws:
Ontario, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, Northwest Territories, and Nunavut.
Consumers in these jurisdictions therefore retain all rights and remedies provided under applicable law concerning the quality, fitness, durability, and conformity of the Products.
12. LIABILITY
12.1. Certain liabilities cannot be excluded under applicable law, particularly those related to personal injury, death, or fraud. These Terms do not affect your legal rights under applicable and explicitly prevailing consumer legislation, including those relating to faulty Products.
12.2. Subject to these exceptions, in no event will Global-e or Guillemot have any liability for any losses, any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, howsoever caused including arising directly or indirectly from or in connection with these terms. Any liability, if so exists, shall not exceed the purchase price of the relevant Product and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you, Guillemot and Global-e at the time your Order is accepted. The liability of Global-e and Guillemot to you for loss or damage of any kind arising out of these terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.3. Global-e and Guillemot are not responsible for any loss or damages caused by unauthorized use of your payment card on the checkout, and Global-e and Guillemot are not responsible for notifying your card issuer or any law enforcement authority in these instances.
12.4. Global-e and Guillemot will not be liable for any failure or delay in the performance of their obligations hereunder, and not be deemed to be in breach of the Terms, and will be allowed to cease performing, for so long as, and if such cessation, failure or delay directly results from an event beyond reasonable control that affects the ability to perform any obligation hereunder, including, any delay or stoppage due to strikes, lockdowns, labor disputes, acts of God, civil commotions, fire or other casualty, governmental act, action or inaction, actions or inactions of customs clearance, closure or decision of governmental offices, or other official actions, internet or other infrastructure failures, acts of war, terror or terrorism, or industry-wide disruption in the supply chain.
12.5. You must allow reasonable opportunity to remedy any matter before incurring costs to remedy it yourself.
12.6. Neither Guillemot nor Global-e can guarantee uninterrupted or error-free operation of the Webstore or checkout. We reserve the right to suspend these services without notice for repair, maintenance, improvement or technical reasons.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. The brands featured on the Webstore or the Products are registered trademarks. These brands remain the full and complete property of Guillemot Corporation S.A., the French mother company of Guillemot Inc., and/or of their respective owners. Any reproduction, in whole or in part, of these brands without the express prior authorization of Guillemot Corporation S.A. is strictly prohibited. This prohibition also applies to all illustrations, images, drawings, models, software, designs, and patents, whether or not such elements are protected by intellectual property rights. All these materials remain the property of Guillemot Corporation S.A., its affiliates (including Guillemot Inc.), or the relevant rights holders, as applicable.
13.2. The Digital Products are subject to personal and specific rights of use set out in the related User Licence Agreements. In any event, access to the Digital Product and all its components does not confer any intellectual property rights upon you, which are and remain the exclusive property of Guillemot Corporation S.A., the French mother company of Guillemot Inc. Consequently, you shall refrain from any action or conduct that may directly or indirectly infringe upon the intellectual property rights of Guillemot Corporation S.A.
13.3. The checkout is intended solely for your personal, non-commercial use. Any other use of the checkout's material and content is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from the checkout's content. Furthermore, you agree not to assist or facilitate any third party in doing so.
14. GOVERNING LAW AND DISPUTES
14.1. These Terms are governed by the laws of the Province of British Columbia, Canada. Any disputes arising from these Terms will be submitted to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada.
14.2. If a specific consumer law in your province or territory explicitly prevail over the laws of British Columbia, then this law will govern the relevant matters hereunder. Nothing in these Terms will limit or exclude explicit consumer warranties or other rights which cannot be excluded under applicable consumer rights legislation explicitly prevailing the governing law hereof.
14.3. To the fullest extent allowed by applicable law, you waive your right to trial by jury for any disputes related to these Terms. In case of a dispute, you may have the right to file a complaint with an alternative dispute resolution institute.
15. MISCELLANEOUS
15.1. Communications will be in English and made electronically. For questions or complaints regarding your Order, please approach Guillemot directly using the contact form, to be completed and sent online, available on the Webstore and accessible in the “AFTER-SALES CUSTOMER SERVICE” section of your customer account, making sure to indicate the Order number and date. If you have any questions regarding Global-e, please contact us <<here>> or our applicable trading address.
15.2. Global-e operates according to its Code of Conduct and Modern Slavery Policy (available <<here>>)).
15.3. Failure to enforce any right does not waive future enforcement. Headings are for information only and not binding. We may assign these Terms, or any part thereof, without your consent, but your rights and obligations remain unaffected. Non-parties cannot enforce these Terms unless expressly stated otherwise.
15.4. Without prejudice to any provision in their respective Privacy Policies, Global-e and Guillemot each reserve the right to access, read, preserve, disclose and use information related to Orders and checkout use as each reasonably believes is necessary for legal compliance, Terms enforcement, addressing technical issues, responding to support requests, or protecting rights and safety. The Webstore and checkout may link to third-party services/websites not controlled by Global-e or Guillemot. Neither Global-e nor Guillemot is responsible for their content or practices. You are solely responsible for using these third-party services and release Global-e and Guillemot from related liability. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party services/websites that you may choose to visit.
15.5. Global-e may modify these Terms at any time, with changes effective upon posting. Your continued use indicates agreement, but changes will not affect existing Orders. These Terms constitute the entire agreement regarding Orders. If any provision is deemed invalid or unenforceable, it will be enforced to the greatest extent permitted by law, and the parties agree to its substitution by a lawful provision that gives effect to the original intent of the parties as closely as possible. The remaining provisions will remain in full force and effect.
