Izentit SAS ("Microfiches"), whose registered office is located at 2 rue de la Martinellerie, 49800 Trélazé, France, and which is registered with the Angers Trade and Companies Register under number 892 803 289, makes available to consumers, whether individuals or businesses (the "Buyer"), the website polaris-parts.ca, operated under the umbrella brand "Microfiches.net".
The website allows Buyers to purchase original spare parts and accessories from the manufacturer POLARIS (the "Item(s)").
Izentit SAS, operating under the "Microfiches.net" brand, acts as an intermediary in the sale of Items offered on the website by professional sellers.
As such, Izentit SAS is not the seller of the Items and is therefore not responsible for the Items sold through the website, which the Buyer expressly acknowledges.
The seller is an authorized POLARIS dealer (the "Seller"). You can find the Seller's contact information in the "Contact" section. For organizational reasons, this contact information may not appear directly in the "Contact" section. If this is the case, simply log in to your customer account through the "My Account" section to view it. If an order is placed, the Seller's full contact information will also appear on the order form available in the "My Account / My Orders" section.
These Terms and Conditions of Sale (the "Terms") set out the rights and obligations of the parties in connection with the sale of Item(s) offered to the Buyer by the Seller. They apply to any order placed by a Buyer with the Seller through the website polaris-parts.ca. The Buyer acknowledges that the Items are sold by the Seller and that any question or complaint relating to the Items (including their characteristics, availability, delivery, warranties, or right of withdrawal) is handled under these Terms.
The Buyer acknowledges having read and accepted these Terms by checking the box provided for this purpose during the ordering process.
These Terms may be modified or amended at any time. The applicable Terms are those in effect on the date the Buyer places the order.
The Buyer represents that they have the legal capacity to enter into a contract in accordance with the laws applicable in their province or territory of residence. Where the Buyer is a minor or does not have the required legal capacity, the order must be placed by their legal representative.
Placing an order requires creating a Customer account so that the Seller can process it. Once the account is created, the Buyer will have access to their account at any time through the "My Account" section. Access to this Customer area requires the Buyer to log in using the email address and password provided when the account was created. The Buyer may change their password at any time in the "My Account" section. The Seller cannot be held responsible for any action taken in the Customer area by a third party to whom the Buyer disclosed their login credentials, or who accessed the account as a result of the Buyer's negligence.
The Buyer agrees that the information provided when placing an order is complete, accurate, and up to date.
Order steps:
The Items are presented on polaris-parts.ca in a way that allows the customer to know their characteristics and price.
The Buyer selects the Item(s) they wish to purchase and adds them to the cart;
The Buyer carefully checks the accuracy of their cart, then enters the identification information needed to complete their order;
The Buyer is then redirected to a page summarizing their order, allowing them to go back, if they wish, to review their choices, cancel, or correct any errors made during entry. The Buyer then confirms their order and accepts the Terms by checking the box provided for this purpose, then clicking "Next".
If delivery charges cannot be determined at the time of the order due to the Seller lacking data on the weight or volume of the Items, the Buyer will be informed by email of additional charges in accordance with the "Delivery Charges" section of these Terms, and a payment link will be sent to them to pay these charges in order to complete the order;
Once payment has been made in full, the Buyer receives an email confirming the order and its order number.
Once payment is complete, the order is processed and a shipping confirmation email is sent to the Buyer.
The Seller's offers for Items remain valid as long as they are displayed on polaris-parts.ca and subject to available stock. In the event an Item becomes unexpectedly unavailable after the Buyer has placed their order, the Seller will inform the Buyer by email within a reasonable time. The Buyer will then have the choice between a new delivery date or cancelling their order. If no alternative solution can be offered, the Item in question will be cancelled and refunded according to the payment method used. The cancellation applies only to the unavailable Item(s).
The sale price of the spare parts is the manufacturer's suggested retail price, except for items on sale identified with a "Promo" icon, which may benefit from a discount.
Prices are shown in the currency of the country selected by the Buyer and do not include delivery charges.
The Seller reserves the right to change the price of Items at any time. However, Items will be invoiced based on the prices in effect at the time the order is confirmed.
By confirming their order and clicking the "Payment" or "Pay" button, the Buyer agrees to pay the price shown in the cart total.
Payments made on polaris-parts.ca are processed by Adyen.
The available payment methods generally include the following, but may vary depending on the Seller:
Credit card (Visa, Mastercard, Maestro, etc.);
Bank transfer;
PayPal;
Apple Pay;
Google Pay.
In the event of a full or partial refund of an order, the refund will be made using the same payment method used by the Buyer for the order. Where the timelines imposed by the payment provider no longer allow for an automatic refund (in particular, after the applicable deadlines for credit cards or PayPal have expired), the refund will be made by bank transfer. In that case, the Seller may ask the Buyer for proof of identity to prevent fraud.
If an order is cancelled by the customer before shipping, the Seller reserves the right to apply restocking fees. These fees are intended to cover the costs incurred by the supplier in returning the products to stock.
Restocking fees amount to 50% of the total price of the item ordered, before tax. This amount will be deducted from the customer's total refund.
These fees apply once the order has been confirmed, but before the products have left our warehouse for shipping.
In the event of cancellation after the products have been shipped or delivered, the Seller reserves the right to accept the return of the items. In such cases, the customer will be responsible for returning the products to the Seller at their own expense. If the returned items are deemed to be in acceptable condition by the Seller, the customer will be refunded after deduction of the 50% restocking fee referred to above.
In accordance with Canadian consumer protection legislation, these fees must be clearly disclosed and accepted by the customer at the time of ordering. The customer acknowledges having been made aware of these fees at the time of purchase.
The Buyer must carefully package the Item being returned to the Seller so that it is not damaged in transit.
For a return to be accepted, the following conditions must be met:
Each Item, particularly if it is a kit, must be complete: all component parts, accessories, warranty cards, manuals, covers, caps, protective elements, etc.;
Each Item must be returned complete and intact in its original packaging, in perfect condition, along with any accessories, so that it can be resold as new;
All returned Items must be placed in a shipping box, with heavy or fragile parts properly secured;
The return slip and a copy of the invoice must be included inside the package.
The Buyer may be held liable in the event of depreciation of the Item(s) resulting from handling other than what was necessary to determine the nature, characteristics, and proper functioning of the product.
The Item(s) being returned remain the Buyer's responsibility until received by the Seller. Accordingly, please note that if there is no package tracking or proof of delivery and the return package does not reach the Seller, no recourse will be available. Please also note that unless additional insurance has been taken out with the carrier, the carrier will only compensate up to the legal limit in the event of loss of or damage to the Item(s).
If an Item is received by the Seller in incomplete, damaged, soiled, or unpackaged condition, the Seller reserves the right to return it as is.
The Items are covered by the statutory warranties provided under the laws applicable in the Seller's province or territory, including the warranty of conformity and warranties against latent defects, where provided for under applicable legislation.
The applicable statutory warranties are those provided under the laws of the province or territory in which the Seller is established.
Depending on the province or territory concerned, the Buyer may be entitled to statutory warranties of quality, fitness for intended use, or against latent defects, among others. The remedies and conditions for exercising these warranties are governed by the applicable legislation and may vary from one province to another.
To make use of the warranty, the Buyer must keep their purchase invoice and contact the Seller as soon as the defect is discovered.
If the Item is already installed on a vehicle, it must not be removed without the Seller's prior consent where doing so could compromise an inspection.
The use of conforming original parts helps, in accordance with applicable Canadian legislation, preserve the vehicle's manufacturer warranty where the conditions set out in that legislation are met.
Where applicable, the Buyer benefits from the statutory warranties against latent defects provided under the laws applicable in the Seller's province or territory.
Where a latent defect is established under the conditions set out in the applicable legislation, the Buyer may exercise the remedies provided under that legislation, including requesting repair, replacement of the Item, a price reduction, or termination of the contract, where such remedies are permitted.
To make a warranty claim on an Item, it is essential that the Buyer keep the purchase invoice.
If the Item under warranty is already installed on the vehicle and appears to have caused other malfunctions resulting in additional costs, the Buyer must contact the Seller and must not remove the Item in question.
If the Item can be removed and returned, it is essential to describe, as precisely as possible, the elements that lead the Buyer to believe the part is non-conforming or has a latent defect. To do so, the Buyer will prepare a written statement to include with the return, containing:
Their contact information;
Their order number;
The reference number of the returned Item;
The quantity;
The vehicle's licence plate number (where applicable);
The date the vehicle was first put into service (where applicable);
The mileage at installation and removal (where applicable);
Any options specific to that vehicle;
A detailed description of the problem.
The warranties do not cover:
Normal wear and tear of an Item (which varies depending on the nature of the part);
Defects and their consequences resulting from an error by the Buyer, such as misuse, improper use, negligence, lack of maintenance, or installation that does not comply with POLARIS specifications, or storage that is harmful to the proper preservation of the part;
Defects and their consequences resulting from abnormal use of the vehicle on which the Item was installed, or use that does not comply with its intended purpose (such as using the vehicle on which the Item is installed for racing, etc.);
Damage resulting from an external cause (accident, lightning, power surge, etc.) or force majeure.
In all such cases, the Seller cannot be held responsible for the defect in the Item or for any resulting damage.
Warranty coverage is subject to an assessment of the cause of the alleged non-conformity or defect. Depending on the situation, this assessment will be carried out by POLARIS (with the part removed and returned) or by an expert appointed by the Seller.
If all conditions for warranty coverage are met, the Seller will refund, replace, or repair the Item free of charge within a maximum of one month.
The Buyer can track the progress of their order at any time in the "My Orders" section of their account, and will also receive an email at each stage.
Packages are shipped using various carriers depending on the Seller's choice, the size and weight of the package, the destination country, etc. On the day the order ships, the Buyer will receive an email with the tracking number and a link to the carrier's website so they can track their package. This information will also appear in the "My Account" section.
Delivery charges are determined based on a rate schedule that takes into account the characteristics of the Items ordered.
Where the Seller does not have certain data regarding the weight or volume of the Items at the time of the order, in particular due to a lack of prior communication from its suppliers, additional delivery charges may be applied later, in accordance with the above-mentioned rate schedule.
In such cases, the Seller will send the Buyer an email informing them of the adjustment to the delivery charges, along with a payment link to pay the additional charges. The Buyer will have five (5) business days from receipt of this email to pay the additional charges.
The order will only be confirmed once the Buyer has expressly accepted and paid the new additional delivery charges within the timeframe specified above.
In all cases, the Buyer may refuse to pay the additional charges and cancel the order at no cost. In such a case, the sale will be cancelled. The Buyer will then be refunded the full amount paid, including any delivery charges originally paid.
If the additional charges are not paid within the timeframe specified above, the sale will automatically be cancelled, without further formality. The Buyer will be refunded the full amount paid, including the original delivery charges.
Where a refund is issued for an order that benefited from a free-shipping offer available above a certain purchase amount, and the new total amount of the items in the order falls below the threshold for that offer, the offer will no longer apply. As a result, the original delivery charge amount may be deducted from the refund.
From the date the Buyer pays for the order on polaris-parts.ca, delivery within Canada takes, on average, 7 to 14 business days.
If an Item is not available from the manufacturer, an estimated delivery date will be provided to the Buyer by email as soon as the Seller has this information. The Seller is not responsible for delivery delays for Item(s) that are not in stock with the manufacturer.
If Items within the same order have different delivery times, they will be shipped together. The delivery time will be based on the ordered Item with the longest delivery time.
There are no deliveries on Sundays or statutory holidays.
The Buyer may choose pickup-point delivery when placing an order, if the Seller offers this option. The Buyer must present valid photo identification in order to collect their package from the pickup point.
The Buyer has a set period, which varies depending on the carrier, to pick up their package. If this period expires and the package is returned to the Seller, the Buyer will be refunded the amount of the order, less processing and shipping/return costs, as well as any additional delivery charges.
The package may be delivered to a pickup point with signature required, in person at home (with or without signature), or directly to the Buyer's mailbox.
Regardless of the delivery method, the Buyer is required to check the condition of the packaging and the contents of the package (damaged package, missing items, re-taped package, broken part, etc.).
Where the package is delivered in person, the Buyer must note any concerns on the delivery slip and have the carrier or pickup point representative sign it, keeping a copy of the document, and/or, where applicable, refuse the package.
If the package is delivered without a signature, the Buyer must send their concerns to the carrier by registered mail no later than three (3) business days after receiving the package. This period is extended to ten (10) days if the carrier did not give the Buyer the opportunity to check the condition of the Item.
In addition to this step, the Buyer must inform the Seller of the issue encountered as soon as possible.
After this period, the delivery will be considered complete and the delivered Item(s) will be deemed free of any apparent defect. As a result, the Seller will no longer accept any claims for missing items, damaged packages, broken parts, etc.
The Buyer retains the benefit of the warranty of conformity and the warranty against latent defects for issues that arise during use and that the Buyer could not have detected upon delivery.
The Seller has no control over the amount of customs duties or taxes payable in the destination country. None of these taxes are included in the total order amount. These taxes will be charged to the Buyer at the time the goods are imported into the destination country, and the Buyer must pay them upon receipt of the Item(s).
If the Buyer refuses to pay the duties and taxes owing on import, resulting in the package being returned to the Seller, the outbound and return shipping costs, as well as any additional fees charged by the carrier or customs authorities (such as customs clearance or return-to-sender fees), will be deducted from the amount refunded to the Buyer. If the package is destroyed by the carrier or customs authorities following refusal of payment, no refund will be issued.
The Seller cannot be held responsible for interruptions, delays, or unavailability of the website polaris-parts.ca due to maintenance work, internet network interruptions, technical failures, force majeure, the act of a third party, or any other circumstance whatsoever.
The visual representations of Items published on the website polaris-parts.ca are for illustrative purposes only and have no contractual value.
Although the Seller takes meticulous care with visual appearance and technical information, the photographs, text, technical specifications, and information reproduced on the website are provided for informational purposes only.
The Seller cannot be held liable for any occasional errors that may occur on the website polaris-parts.ca.
As the Items offered for sale on the website polaris-parts.ca are sold uninstalled, the Buyer acknowledges that they are solely responsible for installing the Items and must do so in accordance with proper practice and the manufacturer's specifications.
It is the Buyer's sole responsibility to ensure that the Item they wish to order is compatible with their vehicle.
Under no circumstances may the Seller be held liable for damage resulting from misuse of the Items or from the Buyer's failure to properly maintain them. Likewise, the Seller cannot be held liable for the consequences of improper installation or the use of an unsuitable Item on a vehicle.
The Seller cannot be held liable for the non-performance or improper performance of the sales contract where this is attributable to an act of the Buyer or to a case of force majeure, as defined under applicable legislation.
The Seller's liability is limited to damages caused directly by a breach on the part of the Seller. Accordingly, the Seller cannot be held liable, whether to the Buyer or to third parties, for any indirect damage as defined by applicable law or case law.
Where the Seller's liability is established, the Buyer may claim damages, for any cause whatsoever, only up to a limit of five (5) times the price paid by the Buyer to the Seller for the purchase of the Item.
Personal information is processed in accordance with applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), as well as any applicable provincial legislation.
Full details regarding the processing of personal information can be found in the website's Privacy Policy.
The Buyer's personal information relating to the processing of their order is used solely to ensure that the order is properly carried out. This includes the processing and shipping stages of the ordered Item(s), as well as the collection of a review related to the order. It may not be used for any other purpose under any circumstances. The legal basis is the contract and consent.
Information provided through the contact form is forwarded to the Seller so that they can respond to the request.
The Seller undertakes to ensure the security of the personal information it retains for the purposes of processing and following up on orders.
This information is subject to automated processing by the Seller, acting as the data controller. The information collected is kept confidential and is intended for the Seller's exclusive use. It may be shared, solely for the purposes described above, with subcontractors, or with any administrative or judicial authority in order to comply with a legal obligation.
Full details regarding the protection of personal information can be found in the "Privacy Policy" section.
At any time, the Buyer may contact the Seller to submit any request or complaint relating to Items ordered, using the contact form provided.
Disputes are resolved directly between the Buyer and the Seller, using the contact form or the contact information shown in the "Contact" section of the website polaris-parts.ca, as applicable. The Buyer and the Seller will make their best efforts to reach an amicable resolution of the dispute.
These Terms and Conditions of Sale are governed by the laws of the province or territory in which the Seller is established, as well as, where applicable, by applicable Canadian federal law.
Failing an amicable resolution, any dispute falls within the jurisdiction of the courts having territorial jurisdiction over the Seller's place of business, subject to any mandatory provisions protecting consumers.
