This is an agreement between a purchaser (“you”) and Cycle Panorama Inc. (“we”, “us” or “Panorama”) governing your purchase of products and services offered through Panorama’s Website (hereinafter the “Website”). You must accept these terms and conditions in order to complete your purchase.

You also agree to be bound by the Terms of Use governing general use of the Website.

Order confirmation

You can and should review your order’s details before placing your order, which may not be modified after it is confirmed. When you place an order on the Website, you offer us to enter into a contract of sale in accordance with the conditions indicated on the confirmation page. No binding contract exists between you and Panorama until we accept such offer by way of a confirmation email and by receiving your payment.

We reserve our right to correct any error with respect to the price or specifications of ordered products, even after an order is placed.

Prices

We use reasonable efforts to display accurate prices on the Website. We reserve the right to rectify obviously erroneous prices, even after an order is placed.

Displayed prices do not include sales tax and shipping charges, both of which will be added to your total before you confirm your order. These additional charges may vary depending on your place of residence and shipping address.

Duty and brokerage fees may apply on orders shipped outside of Canada. You bear the entire responsibility for such fees, which are beyond our control and which we will not reimburse under any circumstances.

Payment

We generally accept payments via Paypal and credit cards (Visa, Mastercard, American Express) which are subject to change without prior notice. Payments are handled by third-party providers and we do not keep a record of sensitive financial information.

Credit card payments must be authorized by the card issuer.

Accuracy of Information

We use reasonable efforts to provide accurate information and product specifications on the Website. However, we do not warrant that such information or specifications are always accurate, error free, and up-to-date. We will not be liable for any loss or inconvenience you may suffer as result of such inaccuracy of information. If you are unsatisfied with a product, your sole remedy is to return such product in compliance with our Returns and Exchange Policy.

Availability of Products

We use reasonable efforts to keep our inventory up to date, but a product could no longer be available even if your order was confirmed. We may cancel any order at any time, even if you received a confirmation email or an amount was charged to your credit card.

If your order cannot be filled or is cancelled, we will reimburse all paid amounts using the original payment method, but we will have no other obligation and we will not be liable for any loss or damage you may suffer as result of the unavailability of a product or the cancellation of an order.

Delivery

Shipping is handled by third parties which we do not control. Shipping times displayed on the Website are approximate and we do not warrant that products will be delivered within a certain time frame.

Assembly of bicycles

Some parts of our bicycles (wheels, seat post, pedals and cockpit) are not assembled on the bicycle in order to facilitate shipping. You have to assemble those parts yourself by following provided instructions and/or tutorial videos available. If you need help in assembling your bicycle, please contact us at info@panoramacycles.com. We will not be responsible for damages or loss caused by faulty assembly.

Return Policy

Subject to the following, you may return any product purchased through the Website, including bicycles, as long as such product has not been used or worn, within 10 days of the delivery of your order. Products must be in their original packaging, along with all items accompanying the products in the original shipment. Bicycles must be returned in the original shipping box and all parts must be arranged exactly as when shipped from our facility.

You must fill out and send a return form within 10 days of delivery and returned products must arrive at our facility within 30 days of delivery, at the following address:

Panorama Cycles

231 rue St-Charles Sud
Local 15A
Granby, Qc
J2G 9M6

You are responsible for shipping fees incurred when returning products, except if the products delivered do not match your order or if the products were defective before shipment from our facility. In such cases, BEFORE RETURNING GOODS, please contact our customer service at info@panoramacycles.com or 1-438-763-0076.

We will reimburse the purchase price and all applicable taxes after checking the returned products condition. Shipping fees are only reimbursed if the products delivered do not match your order or if the products were defective before shipment from our facility, in any case only if your return has been approved by our customer service. Duty and brokerage fees are never reimbursed.

If you wish to exchange a product, please return it in accordance with our return policy and place a new order. Our customer service will be able to help you.

Warranty

All Panorama bicycles are covered by our Panorama Warranty.
We develop our products with great care and attention to detail. If you are not satisfied with your purchase, please contact us by email at: info@panoramacycles.com.

We offer five (5) years of warranty against manufacturing defects affecting the frame, fork and parts of Panorama bicycles, starting on the date of purchase.

• The Panorama Warranty does not cover:
• frame and fork normal wear and tear, cosmetic damage, rust;
• parts normal wear and tear;
• damage caused by inadequate use, negligence, lack of maintenance,
• falls, accidents, weight or stress overload;
• bicycles with a modified frame or fork;
• parts added to bicycles by users;
• damages caused by jumps or other inappropriate use of the bicycle;

The Panorama Warranty does not cover incidental costs such as disassembly/reassembly and shipping.

We may repair defective frames and forks or replace them with equivalent models, at our discretion.

You may return only the defective part of your bicycle if you are able to safely remove it from the bicycle. Please contact us to learn about our partner stores authorized to replace a defective part under the Panorama Warranty.

The warranty is not transferable to subsequent owners of your bicycle.

Limitation of Warranty

Except for the Panorama Warranty and warranties provided by law, Panorama does not make any warranty, whether express or implied, with respect to products sold through the Website. Panorama especially disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of title.

Limitation of Liability

TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PANORAMA BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, ARISING OUT OF THE USE OR PERFORMANCE OF PRODUCTS OFFERED THROUGH THE WEBSITE, THE INABILITY TO USE SUCH PRODUCTS, WHETHER SUCH LIABILITY IS BASED ON A CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PANORAMA HAS BEEN MADE AWARE OF THE POSSIBILITY OF DAMAGES.

Severability

If a provision of these Terms and Conditions is, for any reason, found to be invalid, illegal or unenforceable, such invalidity, illegality or impossibility of performance will not impact the other provisions hereof, and these terms of use will be interpreted as if the invalid, illegal or unenforceable provision had never been a part of them.

Governing Law

These Terms and Conditions and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.

Dispute Resolution

Any dispute, controversy or claim arising from these Terms and Conditions or from your purchase of goods through the Website shall be adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction.

Last Update: September 27, 2016

Welcome to Panorama’s website (hereinafter referred to as the “Website”) operated by Cycles Panorama Inc. (hereinafter “Panorama” or “we”).

In order to visit and use the Website, you must abide by certain rules and terms which are set forth in these Terms of Use, which form a binding contract between the visitor or user (hereinafter “you” or the “user”) and Panorama.

Browsing the Website means that you accept to be bound by these Terms of Use. You may prefer not to be bound by these Terms of Use, in which case you must immediately stop browsing or using the Website.

Purpose of Website

The Website aims to provide information on the products offered by Panorama and to allow you to purchase bicycles and other goods through the Website.

The purchase and sale of goods through the Website is subject to our Sales Conditions, which you will have to accept in order to complete a purchase.

Access to Website

You may access the Website through a standard web browser operating on any platform. Access to the Website using automated means, such as bots or crawlers, is strictly prohibited, except as provided in a written agreement between you and Panorama.

We make no warranty as to the constant availability of the Website, in whole or in part, and we reserve the right to interrupt access to the Website for the general public or for one or several users, for any period of time, at our sole discretion.

Our Rights

All content available on the Website, including text, images, drawings, video sequences, audio content, source code and logos is either our exclusive property or is used under appropriate license or permission from the owners, holders or licensees of the applicable rights.

You may not modify, copy, distribute, run, transmit, transfer, display, provide, reproduce, publish, grant any licence or sub-licence in or sell any interest in any content available on the Website, nor any content obtained through the use of the Website, except as required for personal use of the Website for the purpose set forth in these Terms of Use and in accordance with same.

You are authorized to share some Website content on social media platforms, only through sharing features available on the Website.

We are the exclusive owner of the following trademarks and domain names: Panorama, Cycles Panorama, Panorama Cycles, www.panoramacycles.com et www.panoramacycles.ca. All other trademarks displayed on the Website are used under appropriate licence and no provision herein shall be interpreted as to concede or grant you or any other person any right whatsoever in said trademarks and domain names.

Forbidden Use

You may not use the Website to an illegal end or in any way prohibited by these Terms of Use. Without limiting the generality of the foregoing, you are prohibited from making any use or allowing any third-party use of the Website, which would:

(i) violate these Terms of Use; (ii) be illegal, infringing, harmful, threatening, tortuous, defamatory, slanderous, offensive, obscene, invasive of the privacy of a third party, hateful, fraudulent or malicious; (iii) harass or advocate the harassment of another person; (iv) involve the transmission of junk mail or unwanted mass emails (spam); (v) involve the propagation of any malicious computer code, virus, Trojan horse, worm, harmful code, shut-down mechanism or similar code; (vi) promote illegal activities or conduct; (vii) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (viii) interfere with or disrupt in any way the operation of the website or any server or network involved with the operation of the website; (ix) collect or “harvest” the names of other users; or (x) violate any local, national or otherwise applicable law or regulation.

Hyperlinks

The Website may contain hyperlinks to other sites owned and operated by third-parties (“Third-Party Sites”). We have no control over Third-Party Sites and disclaim all liability as to the content provided on such sites. Hyperlinks are provided as a courtesy to facilitate browsing and shall not be construed as an endorsement or approval by Panorama of any Third-Party Site or any content it may render available.

Terms and policies applicable to websites and web pages related to Panorama (for example, our Facebook page) may be different from these Terms of Use and in some case could be under the control of third-parties. You should review any such terms or policies before visiting or using related websites or web pages.

Accuracy of Content

We strive to provide the most accurate and up-to-date information possible on the Website. However, we cannot guarantee that the content of the Website will at all times be accurate, complete and up-to-date.

Information pertaining to the description, price and availability of goods offered through the Website is accurate to the best of our knowledge, but we make no warranty as to the accuracy or exactitude of such information.

User generated content

Some features of the Website allow visitors to post content on the Website and render it accessible to the public (the “User Content”). You are fully responsible for any User Content you post on the Website and must make sure that you have all necessary authorizations to publish such content. You represent and warrant to Panorama that you are authorized to share your User Content with the public worldwide and to grant us the license described below. You further warrant that your User Content does not infringe on other people or organisations’ rights, including intellectual property rights.

By posting User Content on the Website, you retain all proprietary rights in and to your User Content, but you grant Panorama a worldwide, royalty-free, irrevocable, transferable and non-exclusive license to use, modify, adapt, translate, commercially exploit, communicate to the public by telecommunication or otherwise any User Content. You hereby waive and irrevocably undertake to waive, in our favor and in favor of our successors and assigns, all moral rights you may hold with respect to User Content.

We reserve the right to delete from the Website any User Content posted in violation of these Terms of Use or if deemed inappropriate at our sole discretion. However, we do not systematically approve User Content before it is posted and will not be responsible for User Content. Be advised that by browsing or using the Website, you may be exposed to inappropriate or illegal content.

Visitors’ Suggestions

Where you chose to contact us about improvements to the Website or to the goods and services offered through the Website (such communications being hereinafter designated as “Suggestions”), you authorize us to use the Suggestions without restrictions. You hereby assign in our favour all rights, title or interests in and to the Suggestions, irrevocably waive all moral rights you may hold with respect to the Suggestions and undertake to provide the assistance we may seek in order to document, develop and retain our rights, title or interest in and to the Suggestions. You warrant that your

Suggestions contain no information that is confidential or proprietary to third parties. You acknowledge that (i) we have no expressed or implied obligation of confidentiality with respect to your Suggestions; (ii) we are authorized to use or disclose (or choose not to use or disclose) your Suggestions for any purpose whatsoever, in any way whatsoever, on any medium whatsoever, anywhere in the world; (iii) we may already have considered or be in the process of developing elements identical or similar to those mentioned in your Suggestions; and (iv) you will not be compensated in any way with regards to our use of the your Suggestions.

Cookies

We use cookies in order to improve website performance and your experience. Cookies are small files saved on your hard drive by the server hosting the Website or by third-party servers.

Cookies used mainly consist of an identifier that allows your computer to be recognized on your next visits on the Website. Some cookies are deleted after you quit your browser whereas others are kept indefinitely. You may be able to disable the logging of cookies (or certain type of cookies) through your browser settings. If you disable this feature, you will still be able to browse the Website, but your experience may be affected and some features of the Website may be unavailable.

Please refer to our Privacy and Spam Policy to learn more about how we handle the personal information of our visitors and customers.

Disclaimer

Although we strive to provide you with the best service possible, your use of the Website and the services provided through the Website are provided “as is” and their use is at your own risk. To the full extent permitted under applicable law, we disclaim any express or implied warranty. Panorama especially disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of title.

We do not warrant that access to the Website and the services provided thereby will be uninterrupted and secure and that content available through the Website will be error-free, accurate, complete and up-to-date. We further extend no warranty as to the results that may be obtained by using the Website, nor as to the accuracy and reliability of information obtained through the Website.

All material and/or all data uploaded, downloaded, or otherwise obtained through your use of the Website is obtained at your discretion and at your own risk. We do not warrant that such material is free from viruses or any other destructive code that may damage or infect your electronic devices or other property. You will be fully responsible for any damage to your computer or loss of data that may result from downloading and/or uploading such material and/or data.

Limitation of Liability

To the full extent permitted under applicable law, under no circumstances will Panorama be liable for any damages, whether direct, indirect, punitive, incidental, special, consequential or of any kind whatsoever, including, without limitation, damages for loss of data or profits arising out of the use or performance of the Website, the inability to use the Website or the services provided through the Website, whether such liability is based on a contract, tort, negligence, strict liability or otherwise, even if we have been made aware of the possibility of damages. If you are dissatisfied with any section of the Website, or any portion of these Terms and Conditions, your sole and exclusive remedy is to stop using the Website.

Indemnification

You agree to indemnify, defend and hold harmless Panorama, its affiliates, directors, officers, shareholders, employees, mandataries and licensors with regards to any claim, loss, damage, responsibility, fees and penalty, including reasonable legal fees and disbursements, arising from (i) your access or connection to the Website, (ii) your use of the Website or the services offered thereby, (iii) any use by Panorama of your User Content, or (iv) any alleged violation of these Terms of Use on your part.

Governing Law

These Terms of Use and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.

Dispute Resolution

Any dispute, controversy or claim arising from these Terms of Use or from your use of the Website and the services provided thereby shall be adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction.

Severability

If a provision of these terms of use is, for any reason, found to be invalid, illegal or unenforceable, such invalidity, illegality or impossibility of performance will not impact the other provisions hereof, and these terms of use will be interpreted as if the invalid, illegal or unenforceable provision had never been a part of them.

Changes to Terms of Use

We reserve the right, at our sole discretion, to modify these Terms of Use at any time, without prior notice, by posting the modified terms of use on the website. This posting will automatically constitute a notice for your consideration. All modified terms of use take effect immediately at the time of posting, and by continuing to browse or use the Website, you automatically accept the modified terms. A hyperlink to the most recent version of our terms of use is available on the Website and the date of the last modification appears at the beginning of these Terms of Use.

Additional Information

Panorama promotes electronic communications. The best way to contact us is to visit the “Contact” section of the Website.

For all questions, comments or reactions with respect to these Terms of Use, please send a message to the following address: info@panoramacycles.com

Last Update : September 27, 2016

This Privacy Policy aims to inform visitors, users and customers (hereinafter “you”) of Panorama’s website (hereinafter the “Website”) available at www.panoramacycles.com and operated by Cycles Panorama Inc. (hereinafter “we” or “Panorama”) about the way personal information is handled by Panorama.

Your use of the Website is also governed by our Terms of Use. We invite you to review them carefully.

The handling of personal information by organizations is governed by laws and regulations and we need to obtain your consent in order to collect, use and disclose your personal information. By browsing the Website, you agree to this Privacy Policy and you give your consent to the collection, use, disclosure, storage and deletion of your personal information in accordance with the terms of this Privacy Policy.

IF YOU PREFER NOT TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, PLEASE STOP BROWSING ON OR USING THE WEBSITE IMMEDIATELY.

Information We Collect

Information Collected from You

We collect information you voluntarily share with us either through the Website interface (e.g. by filling out a form) or otherwise. Such information may include:

• Your full name;
• Email address;
• Phone number;
• Physical address;
• Country of residence;
• Any document you upload to the Website;
• Information you communicate to us through the Website or by email;
  Information transmitted by social networking sites or applications (e.g. Facebook, LinkedIn, Twitter, Google+, etc.) in any case where you interact with profiles held or controlled by Panorama on such social networking platforms. These sites or platforms could be governed by other policies regarding personal information which may also be applicable.

Information Collected Automatically

Nous recueillons certaines informations automatiquement durant votre navigation sur le Site Web. Ces informations comprennent :

• Some information is collected automatically while you browse or use the Website. This information may include:
• Your computer IP address;
• Your browser settings and operating system;
• Your mobile device settings if you are accessing the Website from a mobile device;
• Location data and geographical coordinates;
• Pages visited, items viewed and clickstream data;

Information Collected through Cookies

We use cookies to improve the performance of the Website and your experience. Cookies are small files saved on your computer by the Website’s server or third-party servers which allow your computer to be recognized and content to be personalized. Some cookies will be automatically erased when you shut down your browser (session cookies) whereas others are stored indefinitely (permanent cookies). Unless you voluntarily provided us with information about yourself, cookies are not associated with your identity. Automatically collected information could, however, be associated with your identity if you provide such information. You may disable the logging of some or all cookies on your computer, but that could result in your inability to use some Website features.

Financial Information

Sensitive financial information with respect to payments made through the Website is stored by PayPal and is not available to Panorama.

We store all collected information described above in accordance with this Privacy Policy.

Some collected information may not fall under the definition of personal information and may not be subject to all obligations contained herein or set forth by applicable laws and regulations.

How We Use Collected Information

We use collected information to:

• Contact you about our products and services;
• Send automated emails to confirm email addresses or our receipt of a request from you;
• Instruct carriers on the delivery of your orders;
• Respond to your inquiries about our products and services;
• Perform analyses about our customers;
• Build databases from information on our actual and potential customers;
• Personalise your experience of the Website, including by storing your preferences and selected or favorite items;

We use the information collected automatically, on an anonymous basis, in order to, inter alia:

• Monitor Website traffic;
• Improve Website performance, including by assessing which pages or features are most seen or used by visitors;
• Perform analyses about traffic to the Website;

Storage of Personal Information

We keep collected personal information until concerned individuals request that it be deleted or until such time where it is not required by our activities. However, except as required by applicable laws and regulations, we do not commit to keep any information for a determined length of time.

Collected personal information is stored in electronic format on servers at various physical locations, which are subject to change and may be outside of Canada.

Collected information is protected by commercially reasonable security measures considering the sensitivity of the information.

Disclosure of Personal Information

Unless specifically stated in this Privacy Policy, we will not sell, lease or disclose your personal information without your prior consent.

Collected personal information may only be accessed by our personnel as required to use such information in compliance with this Privacy Policy. Collected information may also be accessed by our agents, suppliers or subcontractors in the case where such information is required to perform their duties. These persons or organizations will undertake to keep personal information confidential and to use such information only to the extent necessary to carry out their responsibilities.

We may disclose lists of names, telephone numbers and physical or technological addresses to third parties for commercial or philanthropic prospection purposes. You may request that your personal information be removed from such lists at any time in writing at the following address: info@panoramacycles.com. We will remove your personal information from all such lists within a reasonable delay of the receipt of your written request.
In the event where the sale or restructuring of the enterprise carried out by Panorama is contemplated (a “Transaction”), we reserve the right to disclose collected information, including personal information, to persons and organizations involved both before and after the Transaction, whether or not it is actually completed. Such persons or organizations shall commit to keep personal information confidential and to use same only to the extent required to assess the opportunity of the Transaction or in compliance with this Policy.

We may also disclose personal information to third parties if compelled by competent authorities or if expressly permitted by law.

Access Rights

You may access our personal information or ask that erroneous information be corrected. You must make a written request to that effect at the following address: info@panoramacycles.com.

We will respond to your written request at the latest within 30 days of receipt and will give you reasonable access to your personal information within what is permitted by applicable law. Fees could apply in certain cases.

We may verify the identity of individuals seeking to access personal information. Any information provided for identification purposes will not be recorded nor used for any other purpose.

Junk Mail

We abide by the laws and regulations governing unwanted electronic communications. If you no longer wish to receive electronic communications from Panorama, you may so advise us at any time in writing at the following address: info@panoramacycles.com.

We will continue to have the right to contact you about your orders, requests for information or in connection with the handling of your personal information.

Changes to this Policy

We may modify this Privacy Policy in order to reflect changes in our business and our handling of personal information. Where a modification is made, a new Privacy Policy will be posted on the Website and should you continue to use the Website, you will be bound by the new Privacy Policy.

Governing Law

The handling of personal information is governed by laws and regulations which may vary from jurisdiction to jurisdiction. This Privacy Policy as well as any associated operation is governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted accordingly.

Any claim, dispute or complaint with respect to the subject matter of this Policy shall be brought before the competent authority of the Province of Quebec or Canada, sitting in the judicial district of Montreal, hereby excluding any other forum or jurisdiction.

Additional Information

For any additional information about our handling of personal information, please contact us at the following address:
Simon Bergeron, President
info@panoramacycles.com