Terms and Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of www.byfloproducts.com (the “Site”) and its Services. This Site is owned and operated by ByFlo Products Inc. This Site is an e-commerce website.

Throughout the Site, the terms “we”, “us” and “our” refer to ByFloProducts’ offers on this Site, including all information, tools, and Services available from this Site.

By visiting our site and/ or purchasing something from us, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new content, features or tools which are added to the current store shall also be subject to the Terms and Conditions.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

These Terms and Conditions operate in conjunction with our Site Privacy Policy, Return/Refund Policy and Shipping Policy.

Intellectual Property

All content published and made available on our Site is the property of ByFlo Products Inc. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

We may, at any time, without restriction or compensation, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions or comments such as send creative ideas, suggestions, proposals, plans, or other materials that you forward to us, regardless of the mean used to do so.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Quebec, Canada.

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

For users in Quebec, Canada, we adhere to the Act to modernize legislative provisions as regards the protection of personal information regarding the protection of your personal data. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

For users in the European Union, we adhere to the General Data Protection Regulation (the “GDPR”) regarding the protection of your personal data. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

For users in California, we adhere to the California Consumer Privacy Act (the “CCPA”) as well as the California Electronic Communications Privacy Act (the “CalECPA”) regarding the protection of your personal data. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Site, violate any laws in your jurisdiction.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site. These products may have limited quantities and are subject to return or exchange only according to our Return/Refund Policy.

The following goods are available on our Site:

• Thermometers;
• Medical products.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Therefore, we are not legally bound by such information, descriptions, or images we cannot guarantee the accuracy of all goods we provide. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per order, per geographic region or per jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Payments

We accept the following payment methods on our Site:

• Credit Card;
• Debit;
• Mobile Payment.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

The shipping and delivery of goods purchased from our Site are governed by our Shipping Policy.

Return and Refund

The return and refund of goods purchased from our Site are governed by our Return/Refund Policy.

Third-party tools and links

We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain content, products and services available via our Site may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

The Site and all products delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless ByFlo Products Inc. and our directors, partners, officers, agents, interns, employees, contractors, subcontractors, licensors, service providers, suppliers, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable law, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Personal Information

Your submission of personal information through our Site is governed by our Privacy Policy.

Content

There may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not responsible if the information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

Changes

We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site.

You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the Site or our goods (or any part or content thereof) without notice at any time. However, we undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Services.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.

Contact

Please contact the person in charge of the protection of personal information if you have any questions or concerns. Our contact details are as follows:

Florimond Ogier
1200, Saint-Alexandre Street, Montreal, Québec, Canada H3B 3H5
florimond.ogier@byfloproducts.com
1 514-797-3282

You can also contact us through the feedback form available on our Site.

Effective Date: May 29, 2023

©2023 ByFlo Products Inc.