Terms of Use
OVERVIEW
Welcome to myCanadastore, (the “Site”). The Site is provided as a service to our customers. Please review the following terms of use, which govern your use of the Site (the “Agreement”). Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
SITE CONTENTS
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by myCanadastore, and other trademarks appearing on the Site are the trademarks of myCanadastore and/or its subsidiaries. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unless otherwise specified, the Site and the Contents are intended to promote myCanadastore‘s products and services available in Canada. The Site is controlled and operated by myCanadastore from its offices in Toronto, Ontario, Canada.
CANADA
Introductory Paragraph:
The section titled “Our Terms May Change” is qualified by the following:
“(a) myCanadastore must send to you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause and the date of the coming into force of the amendment; and
(b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending myCanadastore a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in myCanadastore’s obligations.”
MULTIPLE SECTIONS: The terms set forth in the sections titled “Physical Activity”, “Warranty Disclaimer”, “Indemnification/Limitation of Liability” and “Limitation of Liability” are qualified by the following:
“Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability and Limitation of Liability.”
SECTION 10 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
The sub-section titled “CHOICE OF LAW/JURISDICTION” is modified by adding the following at the beginning of the section:
“Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."
COMPARABLE MARKET VALUE (C.M.V) PRICING AND PROMOTIONS
The comparable market value (C.M.V) on the price ticket shows you the price another department or specialty store in Canada charges or would charge for the same or comparable value item. Our policy is to usually sell for less than the Nat. Sugg. Reg. Price or Comp. Value.
PERSONAL INFORMATION SUBMITTED THROUGH THE SITE
Your submission of personal information through the Site is governed by our Privacy Policy.This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
PRODUCT & PRICING INFORMATION
Many products displayed on the Site are available in select myCanadastore. The prices displayed on the Site are quoted in Canadian Dollars. All products may have limited quantities and are subject to changes in availability and price changes.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice.
COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
LINKS TO OTHER WEBSITES AND SERVICES
The Site may contain links to other Web sites that are not under the control of myCanadastore. myCanadastore and its affiliates and subsidiaries have no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users.
DISCLAIMER
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.myCanadastore expressly disclaims any duty to update or revise the materials on the Site, although myCanadastore may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. myCanadastore shall not be liable for any damages of any kind related to your use of the Site.
FEEDBACK PROCESS
myCanadastore welcomes feedback on how we provide accessible customer service. Customer feedback will help us identify barriers and respond to concerns.
Customers who wish to provide feedback on the way myCanadastore provides goods, services or facilities to people with disabilities can provide feedback in the following way(s):
EMAIL:
Customers can expect to hear back in 2 business days.
MODIFICATIONS TO THIS OR OTHER POLICIES
Any policies of myCanadastore that do not respect and promote the principles of dignity, independence, integration and equal opportunity for people with disabilities will be modified or removed.
*Please note: All orders are FINAL SALE and cannot be returned or exchanged.
