Legal
Terms & Conditions
Last updated: February 1, 2025
Please read these Terms and Conditions ("Terms") carefully before using the website chloemtd.com ("Site") operated by Chloé Desormeaux / MTD ("we", "us", or "our"). These Terms govern your access to and use of our Site, products, digital content, and any related services. By accessing or using any part of our Site, placing an order, or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use our Site or purchase our products.
1. Acceptance of Terms
Your access to and use of the Site constitutes your agreement to these Terms and our Privacy Policy, which is incorporated herein by reference. We reserve the right to update these Terms at any time. Changes are effective immediately upon posting to the Site. It is your responsibility to check these Terms periodically. Your continued use of the Site after any modifications constitutes your acceptance of the updated Terms.
These Terms apply to all users of the Site, including without limitation users who are browsers, registered account holders, customers, merchants, or contributors of content. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to both you and that entity.
2. Eligibility
By using our Site and Services, you represent and warrant that:
- You are at least 18 years of age, or that you are at least 13 years of age and have obtained verifiable parental or guardian consent to use the Site and enter into these Terms
- You have the legal capacity to enter into a binding contract in your jurisdiction
- You are not located in a country or region subject to applicable trade sanctions or export restrictions that would prohibit your use of our Services
- You will use the Site only for lawful purposes and in accordance with these Terms
- All registration and account information you provide is accurate, current, and complete, and you will keep that information updated
We reserve the right to refuse service, terminate accounts, and cancel orders at our sole discretion to any individual or entity that we determine has violated these Terms or applicable law, or whose conduct is harmful to our business, customers, or the public.
3. User Accounts
Certain features of our Site, including order history, wishlists, and access to digital products, require you to create a registered account. When creating an account:
- You must provide accurate, complete, and current information and keep it updated
- You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account
- You must notify us immediately via the contact form on the Site if you suspect any unauthorized access to or use of your account
- You may not transfer, sell, or otherwise assign your account to any third party
- You may not create multiple accounts for the same person, or create accounts on behalf of others without their consent
- We reserve the right to suspend or permanently terminate your account at any time if we have reason to believe you have violated these Terms or engaged in fraudulent, abusive, or harmful behaviour
We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
4. Use of the Site
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms and all applicable local, provincial, national, and international laws and regulations. You agree that you will not:
- Use the Site in any way that violates applicable local, national, or international law or regulation, including but not limited to laws governing consumer protection, intellectual property, data protection, and electronic commerce
- Engage in any fraudulent activity, including submitting false or misleading information in connection with an order, return, or account
- Transmit any unsolicited or unauthorized advertising, promotional material, spam, chain letters, or any other form of unauthorized solicitation
- Impersonate any person or entity, or falsely represent or misrepresent your affiliation with any person or entity
- Attempt to gain unauthorized access to any portion of the Site, server, network, database, or system connected to the Site, through hacking, password mining, or any other means
- Use automated scripts, bots, scrapers, crawlers, or other automated tools to access, monitor, copy, or extract content from the Site without our express prior written permission
- Interfere with or disrupt the integrity or performance of the Site or any servers or networks connected to it
- Upload, post, transmit, or distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Site or its underlying software
- Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Site
- Collect or harvest any personally identifiable information from the Site, including account names, without our express written consent
- Use the Site in a manner that could damage, overburden, impair, or compromise our systems or security
5. Products, Pricing, and Availability
Product descriptions and images: We make every reasonable effort to ensure that product descriptions, specifications, images, and pricing displayed on our Site are accurate and up to date. However, we do not warrant that product descriptions or other content are error-free, complete, or current. Colours and appearances of products may vary slightly from what is displayed on your screen due to monitor calibration differences.
Pricing: All prices are listed in Canadian Dollars (CAD) unless otherwise stated at checkout. Prices are subject to change without notice. We reserve the right to correct pricing errors at any time, including after an order has been placed. If a pricing error affects your order, we will notify you and give you the option to reconfirm the order at the correct price or cancel it for a full refund. Applicable taxes (GST/HST/QST and any applicable provincial taxes) and shipping costs are calculated and displayed at checkout and are not included in listed product prices unless expressly stated.
Availability: All products are subject to availability. We reserve the right to discontinue any product at any time. If a product you have ordered becomes unavailable after your order is confirmed, we will notify you promptly and issue a full refund for the unavailable item.
Digital products: Digital downloads including but not limited to training plans, nutrition guides, ride presets, ebooks, and similar content are delivered electronically to your registered email address or account upon confirmed payment. Due to the non-returnable nature of digital content that has been accessed or downloaded, all sales of digital products are final and non-refundable once the download link has been accessed or the file has been delivered to your account. Please review all product descriptions carefully before purchasing digital content.
Promotional pricing and discount codes: Promotional offers, discount codes, and sale pricing are valid only for the specified duration and subject to any stated exclusions. Discount codes must be applied at checkout and cannot be applied retroactively to completed orders. We reserve the right to cancel orders where a discount code is used in a manner inconsistent with its intended purpose or in violation of these Terms.
6. Order Process and Contract Formation
Placing an order on our Site constitutes an offer by you to purchase the selected products at the displayed price. No contract of sale is formed until we send you an order confirmation email. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including but not limited to:
- Suspected fraud, unauthorized or illegal activity, or violation of these Terms
- Product unavailability or inventory errors discovered after order placement
- Errors in pricing, product description, or other information displayed on the Site
- Restrictions on quantities available for purchase per customer
- Unverifiable or inaccurate payment, billing, or shipping information
If we cancel your order after payment has been processed, we will issue a full refund to your original payment method within 5–10 business days. You will be notified by email in all cases of order cancellation.
7. Payment
All payments are processed securely through Stripe, Inc., our third-party payment processor. By providing your payment information, you represent and warrant that you are authorized to use the payment method submitted and that all payment information is accurate. We accept major credit and debit cards (Visa, Mastercard, American Express) and any other payment methods displayed at checkout.
We do not store your full payment card details on our servers. All card information is handled directly by Stripe and subject to their privacy policy and PCI-DSS compliance standards. You authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and shipping fees.
In the event of a failed payment, we may attempt to re-process the transaction or contact you to provide alternative payment information. We reserve the right to cancel any order for which payment cannot be successfully collected.
8. Shipping and Delivery
- We currently ship physical products within Canada and the United States. International shipping outside of these territories may be available on a case-by-case basis — please contact us via the contact form on the Site to inquire.
- Orders are typically processed and dispatched within 1–3 business days of confirmed payment, excluding weekends and public holidays. Processing times may be extended during high-demand periods such as product launches or holiday seasons.
- Estimated delivery times are provided by our shipping carriers and are not guaranteed. We are not responsible for delays caused by carrier disruptions, customs clearance, extreme weather events, or other circumstances beyond our control.
- Free standard shipping is available on eligible orders over $75 CAD within Canada and the continental United States. Expedited and express shipping options are available at an additional cost calculated at checkout.
- Customers outside Canada are responsible for all applicable import duties, customs fees, taxes, and brokerage charges imposed by the destination country. These charges are not included in our shipping fees and will be assessed upon delivery.
- Risk of loss and title for physical products pass to you upon our handover of the package to the carrier. We are not liable for packages that are lost, stolen, or damaged after delivery has been confirmed by the carrier. We recommend contacting the carrier directly in such cases.
- Shipping addresses cannot be modified after an order has been dispatched. Please ensure your shipping address is complete and accurate at checkout. We are not responsible for undeliverable packages due to incorrect address information provided by the customer.
9. Returns, Exchanges, and Refunds
We want you to love your MTD gear. If you are not fully satisfied with a physical product purchase, you may return it within 30 days of the confirmed delivery date, subject to the following conditions:
- Items must be unworn, unwashed, undamaged, and in their original condition with all original tags attached
- Items must be returned in their original packaging where possible
- Sale items, final-sale items, and any products marked as non-returnable at the time of purchase are not eligible for return or exchange
- Digital products — including training plans, presets, ebooks, and any other downloadable content — are non-refundable once the download link has been accessed or the file delivered, regardless of circumstances
- Return shipping costs are the sole responsibility of the customer unless the item was received damaged, defective, or incorrect due to our error
- We reserve the right to refuse any return that does not meet these conditions
To initiate a return or exchange, please contact us within the 30-day window using the contact form with your order number, the item(s) you wish to return, and the reason for the return. Do not ship any items back to us without first receiving return authorization. Unauthorized returns may be refused or delayed.
Once we receive and inspect your returned item(s), we will notify you of the approval or rejection of your refund within 5 business days. Approved refunds will be processed to your original payment method within 5–10 additional business days. We do not refund original shipping costs unless the return is due to our error.
If you received a damaged, defective, or incorrect item, please contact us within 7 days of delivery with photographic evidence and your order number. We will arrange a replacement or refund at no cost to you.
10. Intellectual Property
All content on this Site — including but not limited to text, graphics, photographs, illustrations, logos, video content, audio recordings, training plans, digital guides, software, and all other materials — is the exclusive property of Chloé Desormeaux / MTD or its licensors and is protected by Canadian and international copyright, trademark, trade dress, and other intellectual property laws.
The MTD name, the Chloé Desormeaux brand, associated logos, and all product names and slogans are trademarks of Chloé Desormeaux / MTD. Nothing in these Terms grants you any right or licence to use any trademark, logo, or brand name without our prior written consent.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for personal, non-commercial purposes only. This licence does not permit:
- Reproduction, distribution, public display, or performance of any Site content without our prior written consent
- Modification, adaptation, translation, or creation of derivative works based on any Site content
- Commercial use of any content, including product photography, branding assets, or training material
- Framing, mirroring, or scraping any portion of the Site
- Removal or alteration of any copyright, trademark, or other proprietary notices
Any unauthorised use of our intellectual property may result in civil and/or criminal liability under applicable law.
11. User-Generated Content and Social Media
If you post reviews, submit photos, tag us in social media content, or otherwise submit any user-generated content ("UGC") referencing our brand, products, or services, you grant Chloé Desormeaux / MTD a non-exclusive, royalty-free, worldwide, perpetual, sublicensable licence to use, reproduce, modify, publish, distribute, display, and share that content across our website, social media channels, email marketing, advertising, and other promotional materials, with reasonable credit to you where practical.
By submitting UGC, you represent and warrant that:
- You own or have the necessary rights, licences, and permissions to submit the content and grant us the above licence
- The content does not infringe any third party's intellectual property rights, privacy rights, or other rights
- The content is accurate and does not contain any false, misleading, defamatory, or illegal material
We reserve the right to remove any UGC at our discretion without notice. We are not obligated to use any UGC submitted to us.
12. Training and Fitness Content Disclaimer
Any training plans, workout guides, nutrition advice, fitness tips, ride techniques, or other health and performance content provided through our Site, digital products, or social media channels is for informational and educational purposes only. This content is based on Chloé Desormeaux's personal experience as a professional athlete and does not constitute professional medical, nutritional, physiotherapy, or sports science advice.
Before commencing any new training programme, exercise regimen, or dietary change, you should consult with a qualified healthcare professional, physician, certified personal trainer, or registered dietitian who can assess your individual circumstances. Individual results will vary. Chloé Desormeaux / MTD expressly disclaims any liability for injury, illness, adverse health outcomes, or any other harm arising from your use of or reliance on any fitness or training content provided through our Services.
13. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Site, its content, and all products and Services are provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, either express or implied. We expressly disclaim all warranties including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Site will be available, uninterrupted, timely, secure, or error-free at all times
- Warranties that defects or errors in the Site will be corrected
- Warranties that the Site or the servers that make it available are free of viruses, malware, or other harmful components
- Warranties as to the accuracy, completeness, reliability, or currency of any content, product descriptions, or pricing information
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
14. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Chloé Desormeaux / MTD, its owners, directors, employees, contractors, agents, partners, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including but not limited to damages for loss of profits, revenue, data, goodwill, business opportunity, or use — arising out of or in connection with:
- Your access to or use of (or inability to access or use) the Site or Services
- Any product purchased through the Site, including physical goods and digital content
- Any reliance on training, fitness, nutrition, or other informational content provided through our Services
- Unauthorised access to or alteration of your account or data
- Any conduct or content of third parties on the Site
- Any errors, omissions, or inaccuracies in Site content or product descriptions
Even if we have been advised of the possibility of such damages. Our total aggregate liability to you for any and all claims arising from or relating to these Terms or your use of our Services shall not exceed the greater of (a) the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).
Some jurisdictions do not allow limitations on implied warranties or exclusions of incidental or consequential damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you.
15. Indemnification
You agree to defend, indemnify, and hold harmless Chloé Desormeaux / MTD and its owners, officers, employees, contractors, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your breach of these Terms or any applicable law or regulation
- Your use of the Site or Services in a manner not authorized by these Terms
- Any user-generated content you submit, post, or transmit through the Site
- Your violation of any third-party rights, including intellectual property rights or privacy rights
- Any fraudulent activity or misrepresentation by you in connection with a transaction or your account
16. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic or public health emergency, war, terrorism, civil unrest, government action, labour disputes, supply chain disruptions, power outages, internet service interruptions, or failure of third-party service providers. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will take reasonable steps to notify you of the situation and resume normal operations as soon as practicable.
17. Governing Law and Dispute Resolution
These Terms and any dispute arising from your use of the Site or our Services shall be governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall first be subject to good-faith negotiation between the parties. If a dispute cannot be resolved through negotiation within 30 days of written notice, it shall be submitted to the exclusive jurisdiction of the courts located in Montréal, Québec, Canada. You irrevocably consent to the personal jurisdiction and venue of such courts.
Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or prevent unauthorized use of our Services.
If you are a consumer resident in a jurisdiction that provides mandatory consumer protection rights that cannot be contractually waived, nothing in these Terms shall limit or override those rights.
18. Severability and Waiver
If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the severed provision.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of a provision must be in writing and signed by an authorized representative of Chloé Desormeaux / MTD to be effective.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and Chloé Desormeaux / MTD with respect to your use of the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
20. Contact Us
If you have any questions, concerns, or requests regarding these Terms and Conditions, or if you wish to exercise any of your rights as a consumer, please contact us: