General Terms and Conditions of Sale (GTC) and Use (GTC)

Please read these conditions before accessing or using our website.

Mario Gerbasi, “Mario Gerbasi”, reserves the right to modify the conditions and terms of this contract at any time.

General Terms and Conditions of Sale

These general terms and conditions govern the use of this site (https://mariogerbasi.com).

Between:

• “Mario Gerbasi”, Quebec, Canada, represented by Mario Gerbasi, as the duly authorized owner for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the home page of the site.
• The natural or legal person making the purchase of the company’s products or services, hereinafter referred to as the “buyer” or “the client”.

PREAMBLE

The list and description of the products and services offered by the company can be consulted on the following website: https://mariogerbasi.com

Article 1: Objet

These General Terms and Conditions of Sale (GTC) determine the rights and obligations of the parties within the framework of the online sale of products or services offered by Mario Gerbasi.

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the online sales of products or services, carried out through the website of Mario Gerbasi and are an integral part of the contract between the buyer and Mario Gerbasi.

Mario Gerbasi reserves the right to modify these at any time, by publishing a new version on his website.

The applicable GTC are those in force at the date of payment (or the first payment in case of multiple payments) of the order.

These GTC are available on the website.

Mario Gerbasi also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The client declares that he has taken note of all the present General Terms and Conditions of Sale and accepts them without restriction or reservation.

The client acknowledges that he has benefited from the necessary advice and information to ensure that the offer is suitable for his needs. The client declares that he is able to contract legally under Canadian laws or to validly represent the natural or legal person for whom he is committing. Failing proof to the contrary, the information recorded by Mario Gerbasi constitutes proof of all transactions.

Article 3: Age Restrictions

The minimum age to use this site is 18 years old. The client agrees that by using our site, they are over 18 years of age. Mario Gerbasi assumes no legal responsibility for false statements about age.

Article 4: Prices

The price of services sold through the website is indicated in Canadian dollars and precisely determined on the service description pages, also at the time of booking appointments online.

It is also indicated in Canadian dollars on the product order page.

Mario Gerbasi reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

Article 5: Products and services

The information contained throughout this website is not intended nor should be taken as therapeutic, legal, medical, financial, or otherwise professional or personal advice.

Use of this site, the products and services provided, and/or communication through this site at no time forms a therapeutic relationship between the site user and Mario Gerbasi. Furthermore, Mario Gerbasi assumes no liability for the information within this website or harm that may result from using, referencing, relying on, or decisions executed from its use.

Mario Gerbasi reserves the right to modify his prices at any time, while guaranteeing the application of the price indicated at the time of the order. The customer attests to having received details of the payment and contract execution terms.

Mario Gerbasi undertakes to fulfill the customer’s order.

The validity period of the product offer as well as their price are specified on the company’s website, as well as the minimum duration of the proposed contracts when they relate to the continuous or periodic supply of products or services. Except for special conditions, the rights granted under these terms are granted only to the natural person who signed the order (or the person holding the email address provided).

Article 6: Payment

Payment is due immediately upon ordering. The customer can make the payment by PayPal or by credit card. Cards issued by banks domiciled outside of Canada must be international bank cards (Mastercard or Visa).

Secure online payment by credit card is processed by our payment provider. The information transmitted is encrypted according to industry standards and cannot be read during transport over the network. Once the payment is initiated by the customer, the transaction is immediately debited after verification of the information. By providing his banking information during the sale, the customer authorizes Mario Gerbasi to debit his card for the amount corresponding to the stated price. The customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of an error or inability to debit the card, the sale is immediately resolved by right and the order is cancelled.

If you need to cancel your session, I will offer you a refund if you cancel 48 hours prior to the session. If you need to reschedule the session, I only allow clients to reschedule a session once at least 24 hours prior to the session and after that, there will be no refund if it happens a second time for that session. If you do not attend a scheduled session, there will be no refund

If Mario Gerbasi believes that the client’s payment has violated a law or one of its terms of use, it reserves the right to cancel the transaction.

Article 7: Refund Policy

If the customer is not satisfied with the product or service purchased on the site, they can contact Mario Gerbasi by email at: contact@mariogerbasi.com to discuss it.

Article 9: Intellectual Property Rights

All content published and made available on the Mariogerbasi.com website, including but not limited to trademarks, domain names, products, software, images, videos, logos, documents, downloadable files, texts or, more generally, any information that is the subject of intellectual property rights, is and remains the exclusive property of Mario Gerbasi. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

Article 10: General Conditions of Download

The acquired digital files are works of authors and are protected by the Copyright Act. In accordance with this law, the purchase of a digital file is reserved for personal and private use. Any reproduction, other than that authorized for downloading, adaptation, collective use, resale or rental is absolutely prohibited and may be subject to legal proceedings.

No exchange, credit or refund will be accepted after confirmation of a sale transaction for a digital product. Mario Gerbasi cannot be held responsible for any compatibility issues between a digital product and an electronic device, except in the event that the displayed product description is inaccurate.

Article 11: Force majeure

The performance of Mario Gerbasi’s obligations under the present agreement is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. Mario Gerbasi will notify the client of the occurrence of such an event as soon as possible.

Article 12: Nullity and modification of the contract

If one of the provisions of the present contract were to be annulled, this nullity would not result in the nullity of the other provisions, which would remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 13: Protection of personal data

In accordance with the General Data Protection Regulation, and the French Data Protection Act of January 6, 1978 as amended, as well as the Quebec law P-39.1 – Act respecting the protection of personal information in the private sector, you have the right to inquire, access, modify, oppose and correct personal data concerning you. By adhering to these general terms of sale, you consent to us collecting and using this data for the performance of the present contract. By entering your email address on one of the websites in our network, you will receive emails containing information and promotional offers about products published by Mario Gerbasi and his partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact us at contact@mariogerbasi.com.

For this purpose, we use tools such as GDPR cookie manager and Woocommerce sets.

Article 14: Applicable law

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to the laws applicable in the province of Quebec and Canada. The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.

General Terms of Use (GTC)

These general terms of use (GTC) govern the use of this website https://mariogerbasi.com.

This site is owned and managed by Mario Gerbasi, the site owner.

By consulting and using this site, you indicate that you have read and understood the terms of use and that you agree to comply with them at all times.

Site type: Informative and e-commerce site

Acceptable use

As a user, you agree to use our site legally and not to use it for unlawful purposes, namely:

• Violate the rights of other users of the site;
• Reach or violate the intellectual property rights of the site owners or the intellectual property rights of third parties to the site;
• Harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• Hack into another user’s account on the site;
• Provide false or misleading information
• Download or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the service or any related website, other websites, or the Internet;
• Collect or track the personal information of others;
• Use the site or its content for obscene or immoral purposes;
• Use the site or its content to interfere with or circumvent the security devices of the service or any related website, other websites, or the Internet;
• Act in any way that could be considered fraudulent;
• Engage in any illegal activity on this site;
• Display any material that may be deemed inappropriate or offensive

If the owners believe that you are using this site illegally or in a way that violates the acceptable terms of use, they reserve the right to limit, suspend or terminate your access to this site. The owners also reserve the right to take any legal action necessary to prevent you from accessing the site.

Account creation

By creating an account on the site, you accept the following conditions:

1. You are solely responsible for your account, its security, and associated confidentiality, including passwords or sensitive information attached to this account.
2. All personal information provided through your account is current, accurate, and truthful. You agree to update this information in case of any changes.

The owners reserve the right to suspend or terminate your account if you use the site illegally or violate the acceptable terms of use.

Limitation of liability

The owners make reasonable efforts to ensure that the website is up-to-date, but do not guarantee or warrant that the information contained on the site is error-free, reliable or up-to-date at all times. The owners do not guarantee or ensure that your use of the service will be uninterrupted, timely, secure or error-free. The owners do not guarantee that the results that may be obtained through the use of the service will be accurate and reliable.

You accept that from time to time, the owners may remove the service for indefinite periods or cancel the service at any time, without notice.

You expressly agree that your use or inability to use the service is at your sole risk.

The owners will not incur any liability of any kind (e.g. direct or indirect damages) for any harm resulting from the use of the website.

Hypertext links

Some redirect links on the site point to third-party sites. The owners disclaim responsibility in case of illegal content on the third-party site to which the hyperlink redirects.

Dispute settlement terms in case of a dispute, the parties will try to settle the conflict amicably.

Contact

You can contact us by email contact@mariogerbasi.com for more information.