Conditions Générales de Vente

Object

These terms and conditions contain the conditions of use of our website
(www.omwatercanada.com) as well as the general conditions of sale of our products to the
Customer via our website (hereinafter “the Terms”). By using our site or placing an order on it,
the Customer agrees to be bound by these Terms. We are entitled to make changes to these
Terms at any time. The applicable Conditions will be those in force at the time of use of this site
or the conclusion of the Agreement.

Denomination

The sale of our products via our website is under the trade name Om Water Canada / 6th Sense
Coaching Inc. whose head office is located at 25 rue Ouimet in Ste-Thérèse, Quebec. J7E 2P7.
The Customer may contact us either at the above address or by using the contact form provided
for this purpose on our website or at the following email address info@omwatercanada.com.

Sale

The information appearing on our site does not constitute a sale. Therefore, as long as we have
not confirmed to the Customer that we accept the order, no Agreement can be considered as
validly concluded. Once the online ordering process on our website has been successfully
completed by the Customer, we reserve the right to accept or reject the order. The Agreement
can only be deduced from the receiving of confirmation order.

Product Availability

All product orders are subject to the availability of these products. If the products are no
longer in stock, we reserve the right to inform the Customer about the possibility of
ordering replacement products of the same or higher quality or value. If the Customer does
not wish to order these replacement products, we will refund any amount paid.

Price

Our prices are displayed in Canadian dollars and do not include shipping charges or applicable
taxes by province. These are added when finalizing the purchase transaction, depending on the
delivery address. Our prices are those indicated on our website, except in case of obvious error.
If we detect an error in the products price ordered, we will inform the Customer as soon as
possible and offer to either confirm the order at the correct price or cancel it. If we cannot obtain
a response from the Customer about the alternative offered to him within 8 days, we will cancel
the order and refund the amounts paid. We offer the following payment methods: Visa,
MasterCard and PayPal.

Delivery

We offer a ground delivery provided by Canada Post or a similar service provider. If an
order were to be delivered in several times due to the unavailability of certain products,
delivery charges would apply only once to the Customer. If we are unable to meet the
delivery date for any reason, we will inform the Customer as soon as possible and offer to
either proceed with the Agreement with a new delivery date or terminate the Agreement
and refund the amounts paid by the Client. The “delivery” will be considered as having
been made, or the order will be considered as having been “delivered”, at the moment
when the Customer or a third party which he will have designated will be in physical
possession of the products, which will materialize by the delivery confirmation provided by
the carrier.

Property

Products sold remain our property until full payment of the price and delivery charges.

Risk transfer

The risks related to the products are transferred to the Customer at the moment when the
Customer or a third party designated by the latter, and other than the carrier, physically
takes possession of the products.

Return Policy and Order Cancellation

The Client has ten days to cancel his Agreement. The period expires ten days after the day
the Customer, or a third party other than the carrier and designated by the Customer
physically takes possession of the product sold. If the Agreement is for multiple products
ordered with a single order, and these products are delivered separately, the return period
expires ten days after the day the Customer, or a third party other than the carrier and
designated by the Customer, physically takes possession of the last product.
To exercise the right of cancellation, the Customer must notify us of his decision to
withdraw from the Agreement by letter sent by post or email. For the deadline to be
respected, it is sufficient for the Customer to send us his communication before the expiry
of the cancellation period of ten days. In the event of cancellation, we will refund the
payments received from the Customer, with the exception of delivery charges upon
purchase, and with the exception of delivery charges for return, which must be paid by the
Customer.

After receipt of the products returned by the Customer and after noting their new and
unused condition, we will proceed to the refund using the same payment method used by
the Customer for the initial transaction, unless expressly agreed otherwise.

The direct costs of return are at the charge of the Customer. The Customer will not be
entitled to any refund if the returned products have been used, if they are not in the same
conditions as at the time of delivery or if it has been damaged. He will nevertheless be
entitled to reimbursement if the depreciation of the products results from necessary
manipulations to ensure the nature, quality and operation of the latter. To be entitled to the
refund, the Customer will be required to return the products in their original packaging
and enclosing any document, if any, accompanying these products and imperatively the
order summary attached at the time of delivery. Exception to the right of cancellation, the
Customer does not have the right of cancellation in the event that the Agreement relates to
personalized products (for example, engraved bottles of an inscription desired by the
Customer …).

Guarantee

We will respond to any manufacturing defect that may exist during the delivery of the product.
Any defect must be notified to us by letter or e-mail within ten days of the date of issue of the
products. In this case, products with a manufacturing defect will be replaced and the direct
return costs will be at the charge of Om Water Canada.

Force majeure

We will not be liable for the non-performance or delay in performance of any of our obligations
when this non-performance is due to a case of force majeure, including – without limitation to –
a case of fire, hail, natural disasters, strikes, major shortage of supplies, acts, decrees,
legislation, regulations or restrictions by any government or public authority, incidents or
accidents of sea or river transport, postal transport or any other type of transport. In case of
force majeure, our contractual obligations will be suspended for the duration of the force
majeure and our deadlines for execution will, if necessary, be extended by a period equivalent
to that of the duration of the case of force majeure. If the event of force majeure results in a
definitive impossibility of performance of our contractual obligations, we will be released from
them.

Intellectual Property

The Customer expressly acknowledges that all intellectual property rights of any kind
whatsoever relating to the content of our website remain our exclusive property or that of
the persons with whom we hold a license. The Customer cannot make any use without
having been expressly authorized. The Customer may nevertheless make use of our site in
accordance with what is necessary to keep a copy of the information relating to the
Agreement and to his personal data.

Information gathered

We will never sell, distribute or transmit your personal information to third parties without your
permission, unless required by law.

We will use your personal information only to:

– Conclude any purchase or refund transactions.
– Keep you informed of any promotions and special offers, promoted by OM Water Canada or 6th
Sense Coaching.