GENERAL TERMS AND CONDITIONS OF SALE
Applicable to sales made in Quebec to individuals and businesses
Effective date: October 2026
1. APPLICATION AND ACCEPTANCE OF TERMS
1.1 Scope of application
These General Terms and Conditions of Sale (hereinafter the "Terms") govern the sale of physical goods (hereinafter the "Products") made by Distribution FMJ Inc. (hereinafter the "Seller") through its website (hereinafter the "Site").
They apply to purchases made by individuals for personal purposes (hereinafter the "Consumers") as well as to businesses, professionals, and other commercial entities acting within the scope of their activities (hereinafter the "Professional Buyers").
These two categories are collectively referred to as the "Buyer."
1.2 Acceptance of the Terms
By placing an order on the Site, the Buyer acknowledges having read these Terms and accepts them, subject to the rights and protections provided by applicable laws.
1.3 Consumer protection
No provision of these Terms may limit, exclude, or modify the mandatory rights recognized to Consumers by the Quebec Consumer Protection Act, the Civil Code of Quebec, or any other applicable legislation.
In the event of a contradiction between these Terms and a mandatory legal provision, the latter prevails.
1.4 Conditions specific to Professional Buyers
In the context of commercial transactions between businesses, these Terms prevail over the general purchasing conditions of the Professional Buyer, unless otherwise agreed in writing by the Seller, subject to applicable legal provisions.
2. SALES AND DELIVERY TERRITORY
2.1 Served Territory
Distribution FMJ Inc. currently offers its Products for sale and delivery exclusively within the territory of the province of Quebec, Canada.
2.2 Geographic Restrictions
The Seller reserves the right to refuse or cancel an order whose delivery address is outside the served territory, subject to applicable legal obligations and the refund of any amounts received, if applicable.
2. PRICES, CURRENCY, AND TAXES
3.1 Currency
All prices displayed on the Site are expressed in Canadian dollars (CAD).
3.2 Price Display
Prices are presented in accordance with applicable rules regarding price display and indication, particularly those aimed at Consumers.
Applicable taxes and delivery fees are indicated separately before the final confirmation of the order.
3.3 Taxes
Applicable sales taxes, including the Goods and Services Tax (GST) and the Quebec Sales Tax (QST), are calculated in accordance with current tax laws.
3.4 Additional Fees
Transportation, handling, or special packaging fees, when applicable, are communicated to the Buyer before the completion of the transaction.
No undisclosed additional fees may be imposed contrary to applicable legal provisions.
3.5 Price Modification
The Seller reserves the right to change its prices without notice. However, accepted orders remain subject to the prices agreed upon at the time of their conclusion, subject to corrections and remedies permitted by law.
4. ORDERS AND PRODUCT AVAILABILITY
4.1 Ordering Process
The Buyer selects the desired Products and verifies the information related to their order before proceeding to payment.
Before concluding the transaction, the Buyer must be able to review the mandatory information and correct any errors in their order.
4.2 Order Confirmation
An order confirmation is sent by email to the Buyer. It presents the information related to the transaction, including the ordered Products, quantities, prices, taxes, and applicable fees.
For Consumers, the Seller agrees to provide a copy of the contract in accordance with the timelines and requirements set forth by applicable legislation.
4.3 Product Availability
Products are offered subject to their availability.
In the event of unavailability of an ordered Product, the Seller will communicate with the Buyer as soon as possible to propose, depending on the circumstances, a replacement solution, a new delivery timeframe, or the cancellation of the affected Product with a refund of the amounts due.
4.4 Refusal or Cancellation of an Order
The Seller may refuse an order for a legitimate reason, including an inability to deliver or unavailability of the Product, subject to its contractual and legal obligations.
5. PAYMENT
5.1 Payment methods
The accepted payment methods are those indicated on the Site at the time of the transaction.
5.2 Payment for orders
Unless otherwise agreed in writing with a professional Buyer, payment is due according to the terms indicated before the confirmation of the order.
5.3 Commercial transactions
Special payment terms may be granted to professional Buyers, subject to prior approval by the Seller.
Any delay in payment may result in the consequences provided for in the applicable commercial agreement and permitted by law.
4. SHIPPING, DELIVERY AND TRANSFER OF RISKS
6.1 Delivery
Products are delivered to the address indicated by the Buyer at the time of the order, within the serviced territory.
6.2 Delivery times
The dates or delivery times are communicated to the Buyer before the conclusion of the transaction, in accordance with the applicable requirements.
The Seller strives to meet the announced deadlines and informs the Buyer of any significant delays of which it is aware.
6.3 Delivery to Consumers
For purchases made by Consumers, the transfer of risks and delivery obligations are governed by the applicable mandatory provisions of the Civil Code of Quebec and the Consumer Protection Act.
The cancellation and refund rights provided by law remain fully applicable.
6.4 Delivery to Professional Buyers
Unless otherwise agreed in writing, sales to Professional Buyers may be made according to the delivery terms and risk transfer agreed upon at the time of the order.
When the parties expressly agree to delivery at the shipping point, the risks may be transferred to the Professional Buyer upon handing over the Products to the carrier, to the extent permitted by law.
6.5 Verification upon Receipt
The Buyer is invited to check the condition of the packages and the conformity of the Products upon receipt and to promptly report any anomalies to the Seller.
This verification does not limit any applicable legal rights or remedies.
7. RETURNS, EXCHANGES, AND CLAIMS
7.1 Return Requests
Any request for return or exchange can be addressed to the customer service of Distribution FMJ Inc.
Voluntary returns, other than those required by law, are subject to the applicable return policy communicated to the Buyer prior to purchase.
7.2 Return Authorization
When the return procedure allows, the Seller may assign a return merchandise authorization (RMA) number to facilitate the processing of the request.
This administrative procedure cannot hinder the exercise of a Consumer's legal rights.
7.3 Defective or Non-Conforming Products
When a Product has a defect or does not match the provided description, the Buyer may contact the Seller to obtain an appropriate solution, in accordance with the applicable warranties and remedies.
7.4 Purchases made by Consumers
Consumers retain all their rights of cancellation, refund, and remedies provided by Quebec legislation, particularly regarding contracts concluded at a distance.
No provision of these Terms shall be interpreted as imposing a shorter claim period than that permitted by law.
7.5 Purchases made by businesses
For transactions between businesses, the terms of return, exchange, or commercial credit may be subject to specific conditions, subject to legal obligations and applicable warranties.
8. LEGAL WARRANTIES AND LIABILITY
8.1 Warranties applicable to Consumers
Products sold to Consumers benefit from the legal warranties provided by the Consumer Protection Act and the Civil Code of Quebec.
These warranties apply regardless of any commercial warranty or manufacturer's warranty.
8.2 Manufacturer's Warranties
Certain Products may benefit from an additional warranty offered by their manufacturer.
The terms of this warranty are determined by the manufacturer and communicated to the Buyer when available.
A manufacturer's warranty does not replace or limit the applicable legal warranties.
8.3 Warranties applicable to Professional Buyers
Sales to professional Buyers are subject to the warranties and obligations provided by the Civil Code of Quebec, subject to the expressly agreed and legally permitted contractual arrangements.
8.4 Limitation of liability
To the extent permitted by law, the Seller's liability to a professional Buyer may be limited to foreseeable direct damages arising from the transaction in question, according to the applicable contractual terms.
No limitation of liability provided herein may exclude a liability whose exclusion is prohibited by law, particularly in cases of intentional fault or gross negligence, nor may it infringe upon the imperative rights of Consumers.
9. AVAILABILITY OF SPARE PARTS AND REPAIR SERVICES
9.1 FMJ Inc. Distribution Policy
FMJ Inc. informs its Buyers that it generally does not provide spare or replacement parts for the Products it markets and does not offer repair or maintenance services, unless expressly stated otherwise.
9.2 Pre-purchase information
For Products covered by legal provisions regarding availability warranty, the Seller agrees to provide Consumers, before the conclusion of the transaction, the required information regarding availability from them:
- Spare parts;
- Repair services;
- Information necessary for the maintenance or repair of the Products.
When these items are not provided by Distribution FMJ Inc., a clear written warning is communicated in accordance with applicable legal requirements.
9.3 Manufacturers and suppliers
The availability of spare parts, repair services, and information necessary for maintenance or repair from the manufacturer may differ from that offered by Distribution FMJ Inc.
When required by law, the Seller provides the relevant information and links allowing the Consumer to consult the information published by the manufacturer.
9.4 Compliance with legal obligations
The provisions of this article are subject to the mandatory requirements of the Quebec Consumer Protection Act, including those concerning the guarantee of availability.
They do not, by themselves, constitute a general exclusion of the Seller's legal obligations.
6. RESERVATION OF TITLE
10.1 Transactions between businesses
When the parties expressly agree and to the extent permitted by law, the Seller may retain ownership of the Products sold to a professional Buyer until full payment of the price.
Any retention of title remains subject to the formalities and conditions of enforceability provided by applicable legislation.
10.2 Transactions with Consumers
Transactions with Consumers are subject to the specific rules applicable to installment sales, credit contracts, and other payment terms, where applicable.
No retention of title applies to Consumers outside the conditions authorized by law.
8. FORCE MAJEURE
The Seller shall not be held liable for any delay or non-performance of its obligations resulting from an event constituting a force majeure under applicable law.
Such events may include certain natural disasters, major transportation disruptions, fires, or other unforeseen and irresistible circumstances that meet the legal criteria for force majeure.
This provision does not limit the mandatory rights of Consumers, including their rights to cancellation or refund when provided for by law.
12. PROTECTION OF PERSONAL INFORMATION
Distribution FMJ Inc. is committed to handling personal information collected in the course of transactions in accordance with applicable Quebec laws regarding the protection of personal information.
The terms of collection, use, retention, and communication of personal information are outlined in the Privacy Policy accessible on the Site.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
13.1 Applicable Law
These Terms are governed by the laws of the province of Quebec and the applicable federal laws of Canada.
13.2 Disputes Involving Consumers
Any dispute involving a Consumer is subject to the rules of territorial jurisdiction and the protections provided by applicable legislation.
No provision of these Terms may require a Consumer to waive the remedies or courts to which they have legal access.
13.3 Disputes Between Businesses
Subject to applicable mandatory provisions, disputes arising from transactions between Distribution FMJ Inc. and professional Buyers will be submitted to the competent courts of the judicial district of Beauharnois, Quebec, unless otherwise agreed in writing.
14. LANGUAGE OF THE TERMS
These General Terms and Conditions of Sale are written in French.
Distribution FMJ Inc. is committed to respecting the linguistic requirements applicable in Quebec, including those provided for by the Charter of the French Language.
Any version in another language, when offered, is provided in accordance with applicable legal requirements.
15. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Distribution FMJ Inc. reserves the right to modify these Terms to reflect the evolution of its activities, business practices, or legal requirements.
Modifications take effect on the date indicated in the updated version and do not retroactively alter the rights and obligations arising from contracts already concluded, except in cases permitted by law.
16. SELLER'S CONTACT INFORMATION
For any questions regarding an order, delivery, warranty, or these General Terms and Conditions of Sale, the Buyer may contact:
Distribution FMJ Inc.
Address: 10-A, Principale Street, Coteau-du-Lac, Quebec, J0P 1B0
Phone: 514 502-6475
Email: mapiche@distributionfmj.ca
Last updated: October 2026