Welcome to the website of Lebeau Vitres d'autos, a division of Belron Canada Incorporated, headquartered at 8288 Pie-IX Boulevard Montreal (Quebec) H1Z 3T6 (“Lebeau Vitres d’autos”).

This website is hosted by Black Point Arts Internet Solutions GmbH - Hanauer Landstrasse 423a - 60314 Frankfurt.

This website can be found at lebeau.ca or any alternative address (hereafter, the “website”). The publisher of the website is Lebeau Vitres d’autos.

You will find below the terms and conditions of use for this website (I) and the general conditions of sale and repair (II) that apply to the repair or replacement of vehicle windows by Lebeau Vitres d’autos in its service centres.

I - TERMS AND CONDITIONS OF USE

This section explains the terms and conditions of use (the "terms") under which any individual ("you") may use this website. Please read these terms carefully.

1. Acceptance of terms and conditions of use

If you decide to visit this website for any reason, these terms shall automatically apply to your use of the website. You therefore agree to consult them before using the website. If you use the Lebeau Vitres d’autos call-back service (the "Appointment Service"), Lebeau Vitres d’autos will ask you to explicitly agree to these terms by checking a box to this effect.

If you do not wish to be bound by these terms, please do not visit this website.

If you use all or part of this website, you are considered to have read and accepted these terms.

2. Description of this website – Request for appointment

This website provides information about the methods Lebeau Vitres d’autos uses to repair and replace the glass in your vehicle and, in general, about the services offered by Lebeau Vitres d’autos. You can browse this website to find information on the repair or replacement of your windshield, side windows or rear windshield without necessarily making an appointment with Lebeau Vitres d’autos for repair or replacement.

This website also offers an Appointment Service so that you can make an appointment if you decide to have your auto glass repaired or replaced by Lebeau Vitres d’autos. If you can provide some details on the extent of the breakage (impact, crack, etc.) and its exact location, Lebeau Vitres d’autos can help you determine whether you can have the glass repaired or whether it needs to be replaced. You can request an appointment based on your ability to get to a Lebeau Vitres d’autos centre and the available time slots. Please allow at least 24 hours between the time you request an appointment and the time Lebeau Vitres d’autos can repair or replace your glass. We make every effort to configure this website so it can tell you where and when we can take care of your vehicle.

If you are not sure whether your auto glass needs to be repaired or replaced, you can ask a Lebeau Vitres d’autos advisor to call you back at a number you provide. One of our customer service representatives can help you determine what needs to be done to repair the damage.

The information transmitted at this point by Lebeau Vitres d’autos, either on this website or by one of our customer service representatives, is based on the answers you provide to certain questions. This information may not be entirely accurate, and you should understand that it is provided as general information only and has no contractual value.

Only the work order for repairs written up by a Lebeau Vitres d’autos technician after examining the vehicle and before undertaking the work is binding on Lebeau Vitres d’autos.

This website only allows you to request an appointment with a Lebeau Vitres d’autos technician to repair or replace your auto glass. The information on this website can in no way be considered to be instructions that would allow you to repair or replace your auto glass by yourself. The general terms and conditions for repairs which appear below are for general information purposes only and are not intended to govern your use of this website. They do apply, however, to all repairs and replacements done by Lebeau Vitres d’autos in its service centres.

3. Confirmation of your request for an appointment with Lebeau Vitres d’autos

Your request for an appointment must be confirmed in advance by Lebeau Vitres d’autos before a definite appointment is set.

After you provide the information requested on this website, one of our customer service representatives will contact you to obtain additional information, if necessary, to confirm the information you provided about your vehicle and the broken auto glass, and to confirm whether Lebeau Vitres d’autos can repair or replace your auto glass at the scheduled time you requested from your selected Lebeau Vitres d’autos centre.

Lebeau Vitres d’autos will do its best to call you back within the time you indicate or, at the latest, one hour after you submit your request. This projected call-back time is provided for general information purposes only, and Lebeau Vitres d’autos is not bound in this regard.

4. Estimate

When our customer service representative calls you back, you will be given a free detailed estimate of the work to be done on your vehicle, on the condition that you provide all the necessary information to establish the estimate. Lebeau Vitres d’autos will not be bound by this estimate in the event of an error or omission concerning the features or condition of the vehicle.

5. Insurance

If your insurance policy includes coverage for broken auto glass, the work done by Lebeau Vitres d’autos will usually be covered by your insurance. You will only have to pay the deductible, if any, indicated in your policy, plus any related fees (such as travel costs, night, Sunday or holiday service) or cost of accessories (wipers, bulb covers, headlights, etc.) that are not covered by your insurance. We strongly advise that you check the details of your insurance policy to determine the extent of your broken auto glass coverage and the terms of payment. Calculation of the estimate described in paragraph 4 of these terms will be based on your insurance policy. Also, if you plan to have the work paid by your insurance, you will have to provide us with complete and accurate information about your insurance policy.

6. Access to service

You are, and will remain, responsible for the manner and consequences of accessing this website. This access may involve payment of fees to technical service providers, such as internet service providers. These fees are your responsibility. In addition, you are and remain fully responsible for the provision and use of the equipment necessary to connect to this website.

7. Transmission of information

If you transmit information to Lebeau Vitres d’autos through this website, you are responsible for its content and accuracy. You agree to provide full, accurate, up-to-date information in order to allow Lebeau Vitres d’autos to provide you with the best service, and you are fully responsible for any consequences related to the provision of erroneous information about you, your insurance, your vehicle or your broken auto glass.

8. Intellectual property and user license for this website

All this features available to you on this website, including but not limited to data, information, texts, documents, animated and still images, presentations, legends, graphics, photographs, videos, logos, distinctive signs, drawings, models, software programs and brands (the “features”), are the exclusive property of Lebeau Vitres d’autos or its licensors and are protected by the Copyright Act and other Canadian laws, foreign laws and international treaties governing copyright and intellectual property.

All rights related to intellectual or industrial property, brands, domain names and other distinctive signs on this website are the property of Lebeau Vitres d’autos or their respective owners who have authorized Lebeau Vitres d’autos to use them, and any unauthorized use or exploitation of them is at your sole risk.

Lebeau Vitres d’autos® and its logotype are registered trademarks of Belron Canada Inc.

You may use this website or the features it contains for strictly personal, non-commercial purposes, on the condition that the rights of Lebeau Vitres d’autos are respected. The license granted accordingly by Lebeau Vitres d’autos is non-exclusive, non-assignable and non-transferable. You agree not to undertake any scheme or action infringing on this limited license granted to you by Lebeau Vitres d’autos.

These terms and conditions of use can in no way be interpreted as conferring any property rights on you or any third party. All rights not expressly granted herein remain the exclusive property of Lebeau Vitres d’autos.

None of this website’s features may be modified, reproduced, copied, duplicated, sold, resold, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any way, in whole or in part, with or without consideration, by you or by a third party, by any means or methods whatsoever, whether known or unknown at present, without explicit prior permission in writing from Lebeau Vitres d’autos.

9. Unauthorized use of this website and Appointment Service

You may not use this website or the Appointment Service to:

1. Undertake any type of commercial activity without prior permission in writing from Lebeau Vitres d’autos
2. Modify, pirate, adapt or otherwise change this website or any other website so as to falsely suggest it is associated with this website
3. Obscure, mask, alter or otherwise change the intellectual property notices, titles or other information published on this website
4. Collect, use, process or store personal data
5. Undertake commercial activities or sales such as competitions, exchanges, sweepstakes or advertising without prior permission in writing from Lebeau Vitres d’autos
6. Disrupt or excessively overload the Appointment Service and the website, or the networks, servers or services connected to the service
7. Impersonate or try to impersonate a third party
8. Fail to uphold any procedure, legal or administrative writ, or regulations that are applicable to the networks connected to this website
9. Commit any act that violates laws or bylaws currently in effect
10. Break any applicable laws in any other manner

10. Hyperlinks on this website

The hyperlinks on this website lead to third-party sites that are not published by Lebeau Vitres d’autos. They are provided strictly for your convenience, to help you make use of the resources available on the internet. If you use these links, you will leave this website, and you agree to use third-party sites at your own risk and, if applicable, in accordance with their own terms and conditions.

You acknowledge that Lebeau Vitres d’autos neither controls nor contributes in any way to the development of the content or any other aspect of any or all of these third-party websites.

Consequently, Lebeau Vitres d’autos cannot be held liable in any way due to these hyperlinks.

Furthermore, you acknowledge that Lebeau Vitres d’autos cannot represent warrant or take charge of any or all of the content or aspects of any or all of these third-party websites.

11. Hyperlinks to this website

You may not use or insert a hyperlink to this website without the prior written consent of Lebeau Vitres d’autos, and then only on the condition that the hyperlink leads to this website’s homepage without duplicating the homepage or any other page of this website. You may not:

1. Insert a hyperlink to this website from a site of which you are not the publisher
2. Suppress, change or alter, in any manner whatsoever, the size or appearance of the logos or other distinctive signs of Lebeau Vitres d’autos
3. Create a window, frame or other browser around this website
4. Insinuate in any way that Lebeau Vitres d’autos warrants or guarantees the products or services available on this website
5. Mislead a user or third party or create confusion concerning your relationship with Lebeau Vitres d’autos or present false, misleading, denigrating or untrue information about Lebeau Vitres d’autos
6. Use the trademarks, logos or other distinctive signs of Lebeau Vitres d’autos without the explicit prior written consent of Lebeau Vitres d’autos
7. Include on your website any items that are defamatory, offensive, insulting or that violate applicable laws concerning printed matter, or items that violate any third party or human rights or that contravene applicable laws or regulations in any way

Lebeau Vitres d’autos expressly reserves the right to revoke the permission granted in this section and to take all appropriate measures in the event of a failure to comply with this section’s provisions. You will be held liable for any damages related to or resulting from such noncompliance.

12. Warranty – Liability of Lebeau Vitres d’autos

Lebeau Vitres d’autos in no way guarantees that access to this website will be uninterrupted, easy, reliable, correct, full, satisfactory, error-free or fast.

Likewise, Lebeau Vitres d’autos in no way guarantees the longevity or stability of this website or the Appointment Service. Nor does Lebeau Vitres d’autos guarantee that the information on this website or the Appointment Service will meet your personal needs or be reliable, uninterrupted or error-free.

Lebeau Vitres d’autos makes every effort to communicate information, procedures, methods and other data that are reliable, up to date and accurate, and takes all necessary measures to modify or update this information in a timely fashion. However, Lebeau Vitres d’autos cannot guarantee that all of the information and contents currently on this website are wholly reliable, accurate or up to date. The information on this website has no contractual or official value. Consequently, you acknowledge that you are using this information at your own risk.

Lebeau Vitres d’autos does not guarantee the security of exchanges through electronic communication and is in no way liable for damages resulting from your use of the network or from threats such as viruses, bugs, malicious code, Trojan horses, logic bombs, worms and other anomalies that may occur on the internet.

Lebeau Vitres d’autos cannot be held liable for any indirect damages or loss of profits, revenues, business, data, customers, time, damage to goods or equipment, or cost of replacement goods or services that may result from accessing or the inability to access this website in whole or in part, or from the use of or inability to use the information or any other feature of this website.

13. Personal data

To facilitate your navigation on this website, Lebeau Vitres d’autos uses session cookies. These cookies are cached in your computer memory and keep track of your personal data while you are on the website. This information is erased when you leave the website. However, Lebeau Vitres d’autos may use session cookies to obtain anonymous information about your use of the website in order to optimize navigation of the website.

A pop-up will inform you about the information being collected by the cookies, the purpose of the collection, the recipients of the data and your access rights. This window allows you to deactivate the cookies and clearly explains the step-by-step instructions for the browser you are using (Mozilla, Microsoft, etc.).

Finally, the collection and processing of your personal information and the recording of your telephone conversations with our customer service representatives will be governed by our Charter of Personal Privacy, available on this website under "Privacy," and which forms an integral part of these terms and conditions of use.

14. Changes to this website and the terms

Lebeau Vitres d’autos reserves the right to modify at any time and without prior notice the content of this website or the services available on the site, or to temporarily or permanently cease operation of all or part of the website or its services.

Furthermore, Lebeau Vitres d’autos reserves the right to modify at any time and without prior notice the internet location of this website and its terms and conditions of use.

We therefore advise you to always consult these terms before using this website.

You acknowledge that Lebeau Vitres d’autos cannot be held responsible in any way to you or to a third party as a result of these modifications, suspensions or cessations.

15. Applicable laws and competent jurisdiction

These terms shall be governed and construed in accordance with the laws of the Province of Quebec.

Any disputes related to or resulting from the validity, execution, interpretation or form of these terms shall be subject to the exclusive jurisdiction of the court of competent jurisdiction of the Province of Quebec, District of Montreal.

16. Contact

For more information or questions concerning these terms, please email us at LInfo(at)BelronCanada.com.

Updated August 30, 2007.

II – GENERAL TERMS AND CONDITIONS OF SALE AND REPAIR

July 28, 2005

1. General

1.1 These general terms and conditions apply to the sale of all products (the “products”) and all services (the “services”) offered by Lebeau Vitres d’autos.

1.2 Unless otherwise agreed, any order for a product or service implies the customer’s full and entire adherence to these general terms and conditions.

1.3 The execution of all work is subject to prior signature of the estimate. This contractual document lists the work to be performed and, if applicable, the existing defects on the vehicle at the time it was handed over to Lebeau Vitres d’autos.

2. Relation with insurance

The invoice issued by Lebeau Vitres d’autos functions as a subrogation in its favour granted by the insured customer for direct payment by the insurer. It also functions as a notice of loss by the insured customer to the insurer. Lebeau Vitres d’autos remains a third party in the contractual relationship between the customer and the insurer. As such, it is not authorized to advise the customer on the notice of loss, for which the customer is wholly responsible. The customer is encouraged to approach the insurer concerning any questions about the insurance policy.

3. Estimate

The customer may obtain, free of charge, by telephone, a detailed estimate of the services required for the vehicle. Lebeau Vitres d’autos shall not be bound by this estimate in the event of errors or omissions on the part of the customer concerning the features or condition of the vehicle.

4. Price

4.1 Except in estimates issued by Lebeau Vitres d’autos, prices are based on rates in effect at the time the vehicle is brought in for service. If during the course of the repairs additional services are deemed necessary, Lebeau Vitres d’autos will immediately inform the customer in order to obtain his or her agreement before completing the repairs. The customer will likewise be informed if the time quoted for repairs must be changed due to specific features of the vehicle.

4.2 Unless otherwise agreed, the products and services are payable in cash, on delivery of the products or when the customer collects the vehicle, as appropriate. The customer can only collect the vehicle after full payment of all amounts due, in principal and incidentals, to Lebeau Vitres d’autos.

4.3 Any amount not paid when due may lead to the application of the right to late-payment interest at the prime interest rate of the Royal Bank of Canada plus 4%, commencing on the day after the due date. Any collection charges incurred to obtain an attachment or execution will be wholly the responsibility of the customer.

5. Terms of service – Risks

5.1 Lebeau Vitres d’autos reserves the right to refuse to carry out any work that cannot be executed in accordance with the customs of the trade.

5.2 As plastic does not provide protection against weather and flying gravel, the customer is encouraged to replace any broken auto glass as quickly as possible.

5.3 Unless otherwise agreed, the transfer of risk occurs when the keys to the vehicle are exchanged. However, Lebeau Vitres d’autos declines all responsibility for the loss, deterioration or theft of objects in the vehicle, with the exclusion of the equipment and accessories incorporated into the vehicle and objects left by the customer at the customer service desk of the service centre.

6. Claims

6.1 It is up to the customer to verify that the appropriate services were received before accepting possession of the vehicle at the service centre.

6.2 All claims must be made to Customer Service, by phone at 1 888 320-0888 or in writing at the following address: Lebeau Vitres d’autos – Customer Service, 8288 Boulevard Pie IX Montreal QC H1Z 3T6.

7. Reclaiming possession of the vehicle

7.1 Unless otherwise agreed, the vehicle must be collected by the customer at the time indicated on the estimate or at the latest at closing time of the service centre on that day. Otherwise Lebeau Vitres d’autos may park the vehicle outside of the service centre at the customer’s sole risk. The transfer of risk shall be deemed to take place at the closing time of the service centre on the day agreed, and Lebeau Vitres d’autos will not incur any liability in the event of any theft or damage suffered by the vehicle. Furthermore, after 48 hours, Lebeau Vitres d’autos may ask the authorities to impound the vehicle, at the customer’s risk and expense.

8. Reservation of ownership

The transfer of ownership of the products shall occur on the full payment of the sale price and, if applicable, any incidentals and interest. In the absence of timely payment, Lebeau Vitres d’autos may reclaim the products at the customer’s risk and expense and, except in the case of a customer consumer, any prior payments will be kept by Lebeau Vitres d’autos by way of penalty.

9. Supplemental fee

Service is available at night or on Sundays or holidays by appointment only, made at 1 888 320-0888. The supplemental fee charged for service at night or on Sundays or holidays applies to all services provided between 6:30 PM and 8:00 AM from Monday to Saturday and on Sundays and holidays. The customer acknowledges having been informed, at the time of the call for service at night or on Sundays or holidays, of the geographic coverage of this service and of the invoicing and payment conditions for the services.

10. Warranty - Liability

10.1 Service warranty:

10.1.1 Repairs and replacements carried out by Lebeau Vitres d’autos are guaranteed for life against defects resulting from a defective seal, poorly attached hubcap, leak, whistling or crack resulting from a repaired impact, during or after the provision of service. This warranty can only be activated by the presentation of the invoice for the contested service or the attestation of warranty issued by Lebeau Vitres d’autos and shall otherwise be declared ineligible.
10.1.2 The warranty is excepted:

• If Lebeau Vitres d’autos is not the supplier of the product
• On industrial/public works vehicles, campers, trams, boats, trains, farm vehicles and any vehicles that have been modified for use other than their originally intended use
• In the event of wear, corrosion or aging of the materials
• If the alleged defect results from an act or omission of the customer (including, among other things, failure to maintain, modification or unusual use) or of a third party (including, among other things, a repair or subsequent service by a third party), an accident or any cause unrelated to the replacement or repair service.

10.1.3 The warranty thus granted is strictly limited to:

• A new installation or repair free of charge by Lebeau Vitres d’autos
• If applicable, the replacement of products damaged through defective installation or repair.

10.1.4 In all cases, Lebeau Vitres d’autos reserves the option, especially in the event of the unavailability of a product, to limit the warranty to the reimbursement of the installation and the product damaged through defective installation or repair, to the exclusion of any other compensation. Such reimbursement shall be based on the price of the services or damaged products on the invoice initially issued by Lebeau Vitres d’autos.

10.2 Product warranty

10.2.1 Products are guaranteed for one year from the time of delivery against all manufacturing defects reported in writing to Lebeau Vitres d’autos. No warranty shall be granted for normal use or corrosion, abnormal use of the products, deterioration resulting from an accident, negligence, failure to upkeep or maintain, caused by a third party or, more generally, resulting from an event beyond the control of Lebeau Vitres d’autos.

10.2.2 This warranty is strictly limited, at the sole discretion of Lebeau Vitres d’autos, to the replacement or reimbursement of the product recognized as defective, within the limit of the amount actually paid to Lebeau Vitres d’autos for this product. This compensation is exclusive of any other compensation whatsoever.

10.3 Insofar as the sale of the products is subject to the provisions of the Consumer Protection Act either in view of its object or the status of the customer, it is further stipulated that these provisions cannot deprive the customer of the legal guarantees provided for under this Act.

11. Protection of personal data

Personal data received from the customer is required to provide services, issue invoices and, if applicable, have costs covered by the customer’s auto glass insurance. This information (except for bank card numbers) is processed by computer and transmitted to the appropriate Lebeau Vitres d’autos department. The customer agrees for this data to be used and kept by Lebeau Vitres d’autos and its service providers and subcontractors for administrative purposes, in order to generate statistical reports, conduct satisfaction surveys for the purpose of improving the quality of its services, and carry out marketing operations. To the extent permitted by law, the customer has the right to access and correct his or her personal data. This right can be exercised by contacting Customer Service at the number or address listed above.

12. Trusts and jurisdiction

In the event that a dispute cannot be amicably resolved, the dispute will be submitted exclusively to the court of competent jurisdiction in the District of Montreal, Province of Quebec. However, if the customer is a consumer who is not acting in a professional capacity, the rules of legal competency shall apply.