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Kahé Group – Terms of Service / Conditions d'utilisation

Governing Law:Province of Quebec, Canada

Welcome to Kahé Group. Please read these Terms of Service ("Terms") carefully. They govern your use of our website, your interactions with us, and all purchases of porcelain tiles and flooring products from Kahé Group.

By accessing our website or purchasing our products, you agree to be bound by these Terms. If you are a consumer in Quebec, certain public order laws (such as the Consumer Protection Act) may automatically apply and override any conflicting provisions herein.

1. Language of the Agreement (Clause de la langue)

In accordance with the Charter of the French Language(Quebec), contracts of adhesion (standard-form agreements) must be drawn up in French.

  • A French version of these Terms is available on our website.
  • By explicitly choosing to navigate the English version of this website and completing a purchase under these English terms, you expressly accept and wish that this agreement, as well as all related documents, invoices, and communications, be drawn up exclusively in the English language.
  • Les parties conviennent expressément que cette entente, ainsi que tous les documents, factures et communications s'y rattachant, soient rédigés en langue anglaise.

2. Product Characteristics, Shading, and Variations

Porcelain tiles and flooring are natural and manufactured products subject to inherent industry variations. By purchasing from Kahé Group, you acknowledge the following:

  • Shade and Caliber (Size) Variations:Porcelain tiles are fired at extreme temperatures. Slight variations in color shade, tone, and caliber (dimensions) between different production runs (batches) are normal. Samples are meant to be representative but may not perfectly match the final delivered batch.
  • The 10%–15% Overage Rule:Customers are strongly advised to order 10% to 15% more material than the measured square footage to account for waste, cutting, and future repairs. Kahé Group cannot guarantee that additional materials ordered at a later date will match the shade or caliber of the original batch.
  • Inspection Before Installation (Crucial):All products must be thoroughly inspected by the buyer or their installer prior to installation.Installation constitutes full acceptance of the product's visual appearance. Kahé Group accepts no liability, claims, or returns for defects, wrong coloring, or size discrepancies once the product has been installed.

3. Prices, Taxes, and Payments

  • Currency:All prices are listed in Canadian Dollars (CAD) unless otherwise specified.
  • Taxes:Prices do not include applicable taxes. Orders shipped within or picked up in Quebec are subject to the GST (5%)and QST (9.975%). Taxes will be calculated and displayed at checkout.
  • Price Changes:We reserve the right to adjust prices at any time without prior notice. However, once an order is placed and confirmed, the price for that specific order is locked.

4. Shipping, Delivery, and Risk of Loss

Flooring and tiles are exceptionally heavy and require specialized logistics. By purchasing from Kahé Group, you agree to the delivery conditions corresponding to your order type:

A. Standard Freight (LTL / Curbside Delivery)

  • Standard freight deliveries are curbside only. Carriers will drop the pallet at the edge of your property (driveway or curb). Drivers are not responsible for moving products indoors or handling individual boxes.

B. Direct Container Delivery (FCL - Full Container Load) For large-scale or commercial projects where products are shipped via ocean/rail container directly to the client’s designated site:

  • Site Accessibility: The client warrants that the delivery location is fully accessible by a heavy-duty tractor-trailer pulling a 20-foot or 40-foot container. The site must have sufficient clearance, firm ground, and turning radius. If the carrier deems the site unsafe or inaccessible, any re-routing or storage fees will be billed entirely to the client.
  • Equipment & Labor: Unloading is the sole responsibility of the client. The client must provide a proper loading dock or heavy-duty equipment (e.g., a forklift with extended rams) and qualified personnel to safely unload the container. Kahé Group and the driver will not assist in unloading.
  • Client Responsibility: The client must contact and confirm all delivery, zoning, and unloading terms directly with us before the order is dispatched.
  • Special Equipment: Any additional services required at the time of delivery (such as a liftgate/tailgate, residential curbside delivery, or limited-access delivery) must be coordinated and paid for by the client. Any unexpected fees or surcharges billed by the carrier during delivery will be charged back to the client.
  • Demurrage & Storage: If a delivery is delayed, refused, or rescheduled due to client unreadiness, the client will be held liable for all resulting port demurrage, rail yard storage, and container chassis leasing fees.

C. Inspection Upon Receipt & Transit Breakage

  • You or your authorized representative must be present at delivery to inspect the shipment. Any major visible damage, broken pallets, or container seal discrepancies must be explicitly noted on the carrier’s Bill of Lading (BOL) or delivery receipt before signing.
  • In the tile industry, a transit breakage rate of up to 3% to 5% is normal and expected. If damage exceeds this percentage, you must report it to Kahé Group with photographic evidence within 48 hours of delivery to initiate a claim.

5. Return Policy and Special Orders (Final Sale)

A. Standard Returns (Regular Inventory)

For non-defective, uninstalled products from our regular inventory, returns may be accepted within 30 days of delivery, provided the products are in their original, unopened packaging, and belong to a current product run. Returned items are subject to a restocking fee, and the customer is responsible for all return freight shipping costs.

B. Container Deliveries and Special Orders (Final Sale)

Due to the complex logistical, freight, and customs requirements associated with large-scale imports, all direct container deliveries (FCL—Full Container Load), as well as custom orders or products imported specifically at a client's request, are strictly classified as "Special Orders."

  • As such, these orders constitute a final sale.
  • Kahé Group will accept no returns, cancellations, or refunds for these orders due to a change of mind, customer measurement/calculation errors, or surplus material.

C. Right of Cancellation & Legal Warranty (Quebec Consumers)

For Quebec consumers who purchase online or by phone (classified as "distance contracts" under provincial law):

  • You retain the right to cancel the contract if Kahé Group fails to deliver the goods within 30 days of the promised delivery date, in accordance with Section 54.1 of the Quebec Consumer Protection Act.
  • Furthermore, this final sale policy does not reduce, limit, or override the mandatory Legal Warranty (garantie légale) against hidden defects, which applies to all goods under the Civil Code of Québec.

6. Warranties and the Quebec Legal Warranty

If you are purchasing goods as a consumer located in Quebec, standard commercial "as-is" disclaimers do not strip away your legal rights.

Notice Regarding the Legal Warranty (Quebec Consumer Protection Act):

The law provides a warranty on the goods you purchase: they must be fit for the purposes for which goods of that kind are ordinarily used, and they must be durable in normal use for a reasonable length of time, having regard to their price and the terms of the contract.

Aside from this mandatory legal warranty, Kahé Group passes through any specific manufacturer warranties associated with the flooring products. Kahé Group does not provide independent warranties against wear and tear, scratch damage, or damage caused by improper subfloor preparation, moisture, or poor installation practices.

7. Limitation of Liability

To the maximum extent permitted by the laws of the Province of Quebec:

  • Kahé Group is not liable for indirect, incidental, or consequential damages (including, but not limited to, lost wages due to installation delays, contractor fees, or storage costs).
  • Nothing in these Terms shall limit or exclude Kahé Group’s liability for our own intentional or gross fault (faute lourde), or for bodily or moral injury, as prohibited by Article 1474 of the Civil Code of Québec.

8. Governing Law and Jurisdiction

These Terms, your purchase, and any dispute arising from them shall be governed by, interpreted, and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canadaapplicable therein.

For all disputes involving a Quebec consumer, the parties agree that the courts of the District of Montreal(or the Quebec judicial district of the consumer's primary residence) shall have exclusive jurisdiction.

9. Modifications to the Terms

We may update these Terms from time to time. For business clients, changes take effect immediately upon posting. For Quebec consumers, if we make a material amendment to an ongoing service or contract, we will provide you with a written notice at least 30 days before the amendment comes into force, explicitly stating the new clause and your right to refuse the amendment or cancel the contract without penalty.

10. Contact Information

If you have any questions regarding these Terms, please contact our compliance team:

Kahé Group

1831 Ch. Gascon Suite 103, Terrebonne, QC J6X 4E3​

info@kahe-group.com