Scandinave Spa Terms and Conditions of Sale
Effective as of December 15, 2021
These Terms and Conditions of Sales (the “Conditions”) govern the purchase of products and services offered for sale on this website (the “Website”). The Conditions constitute an agreement between you (“you“) and Gestion Rivière du Diable (“Scandinave Spa”). Le Groupe Scandinave Spa, 4280 Montée Ryan, Mont-Tremblant Québec J8E 1S4
1. Acceptance of Conditions
By submitting your order or reservation on the Website, you acknowledge and agree to comply with these Conditions and not to purchase any products or services for resale.
2. Description of Products and Services
Scandinave Spa makes every effort to produce the most accurate information possible on the Website. However, Scandinave Spa provides no guarantee that the description of products and services offered on the Website, their photographs or any other information on the Website is accurate, complete, reliable, current and/or error-free.
3. Conditions of Use & Cancelation Policy applicable to Certain Products and Services
The following conditions of use apply to the products and services offered for sale on the Website:
a. Gift Cards: Gift cards purchased online are delivered electronically. There is a 72-hour delay to activate gift cards purchased online. Gift cards are non-refundable and non-redeemable for cash. It is not possible to redeem a monetary gift certificate online, but it can be applied at the time of your spa visit and the credit card used for booking will be refunded. Some conditions apply.
b. Membership Cards: Membership cards must be picked up in person at the front desk; your photograph will be taken. Adjustments to the time period indicated on your membership card can be made on the first visit only. Discounts or promotions cannot be applied to the purchase of membership cards.
c. Reservations: Any cancellation or reschedule made less than 48 hours will result in a cancellation fee. The fee will be equal to 50% of the reserved services amount.
d. Thermal Journey:
· No promotion or discount can be combined to any Thermal Journey VIP reservation.
· The hydrotherapy circuit is not recommended if you are pregnant.
· Guests must have reached the age of majority (18 years old in Canada).
· Bookings are guaranteed for up to 30 minutes after your selected meeting time.
· Towels and lock provided free of charge. Bathing suits are mandatory, and sandals are recommended for spa access. Reservation is required for massage. It is also possible to make reservations for Thermal Journey VIP access online.
· To maintain a relaxing environment and to preserve the quality of your experience, access to the thermal spa may be limited, which could result in a waiting period during the high season, weekends and/or holidays.
· To offer a true relaxation experience, we require that guests follow our strict silence and disconnection policies. Electronic devices, including e-readers, should be left at home or in a locker provided by Scandinave Spa.
e. Package Items: Package items offered by and/or purchased from authorized third parties can be subject to limitations.
4. Errors on the Website
Scandinave Spa reserves the right to revoke any offer appearing on the Website, to refuse or cancel any order or reservation, and to correct any mistake, inaccuracy, or omission on the Website, and to do so at any time without notice, even after an order or reservation has been submitted and even if the order or reservation has been confirmed and/or your credit card has been debited. If your credit card has been debited and your order or reservation is cancelled, Scandinave Spa will reimburse you the full amount debited, via the original payment method.
5. Order and Reservation
Unless otherwise expressly indicated at the time of sale, prices displayed on the Website do not include applicable taxes and the cost of shipping, if any, and they may be changed any time without notice. You are responsible for any sales, use, excise, value added, or similar sales taxes that may apply to your order or reservation, which will be added to your total invoice price during the checkout process. All prices posted on the Website are in Canadian Dollars. The price charged for the products ordered and the services reserved will be the price in effect at the time of your order, as stipulated in your order confirmation. Discounts or promotions cannot be combined with any Thermal Journey VIP reservation.
b. Method of Payment
The only credit cards approved for online reservations/payments are VISA. MasterCard or AMEX. To minimize fraud and unauthorized charges to your credit card, we verify the validity of transactions by using Address Verification Service (AVS), CVV and 3D Secure (3DS) protection. Please note that your credit card postal code and CVV code are verified with your card issuing bank or other financial institution. Credit card transactions will be approved if AVS and CVV matches with your card issuer. Transactions will be rejected by your card issuer if AVS and CVV do not match with your credit card issuer’s information. 3DS will only apply to clients who have activated this feature with their financial institution.
c. Validation of Information provided in your Order
After you place an order or make a reservation on the Website, Scandinave Spa will validate the information you provided by verifying your method of payment, billing address and shipping address, where applicable. Scandinave Spa will also verify the availability and quantity of the products and/or services you requested.
Scandinave Spa reserves the right to limit quantities of products and/or services that you can purchase and/or reserve.
6. Acceptance/Confirmation of your Order
You will receive an e-mail confirmation of any order placed on the Website. Confirmation of an order sent to you by e-mail or otherwise does not imply that Scandinave Spa has accepted your order. Any time after you submit your order, Scandinave Spa reserves the right to accept or refuse that order for any reason whatsoever. If your order is refused, Scandinave Spa will reimburse you the amount debited via the original payment method.
Scandinave Spa cannot guarantee the availability of all products and services offered on the Website. Consequently, all orders submitted on the Website are subject to availability.
If a product is out of stock or a service is unavailable, Scandinave Spa will communicate with you and advise you of the shortage or lack of availability. Scandinave Spa will cancel the order and reimburse you the debited amount via the original payment method.
a. Delivery Period
Gift cards ordered on the Website will be delivered electronically within twenty-four (24) hours from order confirmation. Any other products ordered on the Website will be subject to delivery fees and shipped within approximately fourteen (14) days from order confirmation. Notwithstanding the foregoing, deliveries can take longer, including deliveries in certain remote areas.
Scandinave Spa reserves the right to change your delivery date at any time, upon notice. Notice will be given via email at the email address provided by you. If you do not receive your order on the scheduled delivery day or if you receive products that do not meet your expectations (or are missing), please notify Scandinave Spa within seventy-two (72) hours.
b. Delivery Area
Scandinave Spa delivers products within Canada only.
9. Force Majeure
Scandinave Spa will not be responsible for any delay or failure to perform its obligations under these Conditions or otherwise, which arises out of or is due to unforeseeable events or events independent of the intention of the parties, such as but not limited to events of force majeure (“Force Majeure Events”), including, by way of example and not of limitation, all events of war, terrorist actions, interventions and prohibitions of official authorities, delays and damage in transport, inclement weather, lack of energy, financial crises, labor conflicts, epidemics, pandemics as well as delays in delivery on the part of suppliers for any reasons. Delivery times will be prolonged where any Force Majeure Event occurs.
10. Product & Service Warranty and Liability
THIS CLAUSE IS NOT APPLICABLE TO CONSUMERS RESIDING IN QUEBEC OR ANY OTHER JURISDICTION WHERE PROHIBITED BY LAW: TO THE EXTENT PERMITTED BY LAW, SCANDINAVE SPA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PRODUCTS & SERVICES. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. THE LIABILITY OF SCANDINAVE SPA, IF ANY, FOR DAMAGES ARISING FROM OR RELATING TO ALLEGEDLY DEFECTIVE OR DAMAGED PRODUCTS SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR SUCH PRODUCTS & SERVICES. THE LIABILITY OF SCANDINAVE SPA, IF ANY, FOR ANY OTHER DAMAGES WILL ONLY ARISE FOR DAMAGES CAUSED BY SCANDINAVE SPA’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
11. General Liability
SCANDINAVE SPA SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND THAT YOU OR OTHERS MAY SUFFER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS OR REVENUES OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO SCANDINAVE SPA’S PERFORMANCE HEREUNDER, ITS PRODUCTS OR SERVICES, EVEN IF SCANDINAVE SPA KNEW OR SHOULD HAVE KNOWN OF THE POTENTIAL FOR ANY SUCH DAMAGES.
12. Governing Law and Jurisdiction
If you reside in the Province of Quebec: These Conditions and all related matters shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to the rules of private international law or conflict of law rules, which would result in the application of other laws. Any dispute between Scandinave Spa and you or anyone else arising from, connected with, or relating to these Conditions or any related matter must be resolved before the courts sitting in the District of Montreal, in the Province of Quebec, Canada and you hereby irrevocably submit and consent to the exclusive jurisdiction of these courts in respect of all disputes.
If you reside elsewhere in Canada: These Conditions and all related matters shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to the rules of private international law or conflict of law rules, which would result in the application of other laws. Any dispute between Scandinave Spa and you or anyone else arising from, connected with, or relating to these Conditions or any related matter must be resolved before the courts sitting in the District of Vancouver, in the Province of British Columbia, Canada and you hereby irrevocably submit and consent to the exclusive jurisdiction of these courts in respect of all disputes.
Any consent by Scandinave Spa to, or waiver of, a failure on your part to comply with the provisions hereof, whether such consent or waiver is expressed or implied, shall not constitute consent to, or a waiver of, any subsequent or different failure.
Should a provision of these Conditions be determined to be invalid, unlawful, null, or unenforceable by a court of competent jurisdiction, this provision shall be interpreted to reflect the intention of the parties and the other provisions herein shall remain valid and in force.
15. No Benefit of Third Party and Assignment
The Conditions apply for the benefit of Scandinave Spa, its suppliers and subcontractors, and their respective successors, assigns and related persons, and are binding, and apply for your benefit and to that of your heirs, executors, administrators, successors, assigns and personal representatives (and to those of the people you represent), and bind you. You and the persons you represent may not assign your rights and obligations under these Conditions without first obtaining the express written consent of Scandinave Spa, who may in its discretion deny such. Scandinave Spa may assign its rights and obligations under these Conditions without your consent or the consent of those you represent.
You expressly request that these Conditions and any other document or communication related thereto be drafted in English only. Please note they are also available in French.
17. Updating of Conditions
Scandinave Spa may at any time and without notice, modify these Conditions by updating this page of the Website. Please consult this page regularly to review the Conditions in effect, which constitute the terms and conditions of purchase of the Products offered on the Website. The Conditions in force when you place an order on the Website apply to that order and are binding on you.
For any questions and/or comments, about your order (including a request to change or cancel an order or reservation), contact Scandinave Spa by phone at 579-214-1516.