Terms of service

OVERVIEW Welcome to Cinéma Passion! The terms "we," "us," and "our" refer to Cinéma Passion. Cinéma Passion operates this store and website, including all associated information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the "Services"). Cinéma Passion uses the Shopify platform, which allows us to offer you the Services.

The general terms and conditions below, along with the policies referenced therein (the "Terms of Use" or "TOU"), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 – ACCESS AND ACCOUNT By accepting these Terms of Use, you represent that you have reached the age of majority in your state or province of residence and you give us your consent to allow your minor children to use the Services on devices you own, purchase, or manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to share such information.

You are solely responsible for the security of your account credentials and any activity associated with your account. You are not permitted to transfer, sell, assign, or sublicense your account to another person.

ARTICLE 2 – OUR PRODUCTS We have made every effort to accurately represent our products in our online stores. Please note, however, that colors or the appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic area, or jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS When you place an order, you are making an offer to purchase. Cinéma Passion reserves the right to accept or refuse your order, for any reason, at its sole discretion. Your order is only considered accepted after written confirmation from Cinéma Passion. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Cinéma Passion may not be able to accommodate cancellation requests once an order has been confirmed. In the event your order is refused, modified, or cancelled, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of the order.

Your purchases are subject to the return or exchange conditions set out in our Refund Policy.

ARTICLE 4 – PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect prices and that are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) the credit card information you provide is accurate, correct, and complete, (ii) you are authorized to use the card for the purchase, (iii) charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees, as well as all applicable taxes.

ARTICLE 5 – SHIPPING AND DELIVERY We cannot be held responsible for shipping or delivery delays. All delivery timeframes provided are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs procedures, or any event beyond our control. Once products are handed over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, texts, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Cinéma Passion, its subsidiaries, or its licensors. They are protected by Canadian and foreign patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services for personal, non-commercial purposes only. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Unless expressly provided otherwise in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Cinéma Passion, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted in these Terms are reserved by Cinéma Passion.

Cinéma Passion's names, logos, product and service names, designs, and slogans are trademarks of Cinéma Passion, its subsidiaries, or its licensors. You may not use them without the prior written authorization of Cinéma Passion. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS You may have access to third-party customer tools provided through the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement from us. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the Services is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and agree to the terms applicable to those tools as provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall be considered part of the Services and subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites, or the purchase or use of products, services, resources, or content on those websites. We encourage you to carefully review the policies and practices of any third parties and to ensure you understand them before entering into any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the third party concerned.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and should neither be removed nor modified.]

Cinéma Passion is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is conducted directly with Cinéma Passion. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Cinéma Passion, including any damage, harm, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with Cinéma Passion.

ARTICLE 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide you with the services. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, exercise our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyrights, trademarks, data protection rights, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene content, nor any computer virus or malicious software that could affect the operation of the Services or any related website. You are prohibited from using a false email address, impersonating any person, or otherwise misleading us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including with respect to product descriptions, prices, promotions, offers, shipping fees, transit times, or product availability. We reserve the right to correct any error, inaccuracy, or omission, and to modify or update information or cancel orders in the event of inaccurate information, at any time and without prior notice (including after your order has been submitted).

ARTICLE 13 – PROHIBITED USES You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes the intellectual property rights of Cinéma Passion, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use, or re-use any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that may restrict or inhibit anyone's use or enjoyment of the Services, or which, in our judgment, may harm Cinéma Passion, Shopify, users of the Services, or expose them to any liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, or pretexting through the Services; (e) use bots, spiders, scrapers, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, bypass, or neutralize security or authorization features, robot exclusion headers, or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – AGENTS 14.1 This section ("Agent Terms") applies if you use, authorize, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a person or entity, which may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including through technical means, the ability and manner in which an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) honestly respond to any question or prompt aimed at determining whether interactions originate from a human or a computer; (iv) not bypass or avoid any measure intended to block, limit, modify, or control Agents' access, use, or interactions with the Services.

ARTICLE 15 – TERMINATION We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts owing up to and including the date of termination.

The following provisions shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies that it should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY CINÉMA PASSION, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 – LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CINÉMA PASSION, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 18 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Cinéma Passion, Shopify, and our affiliates, partners, officers, directors, employees, agents, service providers, licensors, and suppliers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party and arising from (1) your breach of these Terms of Use or the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to this indemnification, provided that failure to provide timely notice shall not relieve you of your obligations unless you suffer material prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you shall not unreasonably withhold). You will cooperate in the defense of any claim subject to this indemnification, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY In the event that any provision of these Terms of Use is found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of any other remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Use, together with any policies or rules of use posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT You may not delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted unauthorized assignment shall be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW These Terms of Use, as well as any separate agreements through which we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the province or territory of the competent courts in the jurisdiction where Cinéma Passion has its registered office. You and Cinéma Passion expressly consent to the territorial and personal jurisdiction of such courts.

ARTICLE 23 – HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

ARTICLE 24 – CHANGES TO TERMS OF USE You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION For any questions regarding these Terms of Use, please contact us at: info@cinema-passion.com.

Our contact details are as follows:
Cinéma Passion
info@cinema-passion.com
Québec (Québec) G3E 1S2, Canada
418-803-6405
NEQ : 2274586702