- September 28, 2017
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR USE OF ESTATEIMPROVEMENTS.CA
Estate Improvements Site with integrated Online Store, located at URL https://www.estateimprovements.ca (“this Site”) is managed by Estate Improvements (the “Site” “Online Store”, “Seller”, “we” or “us” or “our”). The following ESTATE IMPROVEMENTS Terms and Conditions govern your use of this Site and the purchase of products/services by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions (the “Terms and Conditions”). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.
Disclaimer and Limitation of Liability as to this Site
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we or other representatives shall not be liable for damages arising from the operation, content, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other Web site hyper-linked to this Site.
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
As used in these Terms & Conditions, the term “Products” includes goods and/or services, events and/or event participation passes, memberships as applicable.
Capacity to Contract
You represent to us that you are of the legal age of majority in your country and province of residence to use this Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at an incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site (“Feedback”). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all rights, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.
This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of, or content located on or through, any such Web site.
Third Party Content
Certain content, e.g. business proposals, from third party vendors/posters is made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
Terms of payment shall be determined at our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to us. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order, or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over a certain dollar amount receives our pre-approval. We may also require additional verification or information before accepting any order.
Prices, Shipping and Handling Charges
We will only ship to a Canadian address. Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on the invoice.
Sales and Other Taxes
You will be told of the sales taxes before completing your order and can choose to accept them and proceed with your order at that time. You are responsible for all sales and other taxes associated with your order that are not collected by us.
Although availability may be indicated on This Site, we cannot guarantee product availability. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Technical Service and Support
All requests for technical service and support for products purchased should be made directly to our Customer Service, which can be reached support.AT.estateimprovements.ca
Compliance With Laws
Customer shall not export, re-export, or transfer, directly or indirectly any product or technical data received hereunder, to any country or user to which such export, re-export, or transfer is restricted by Canadian, United States or local country law or regulation without first obtaining any required governmental license, authorization, certification or approval. If Customer resells or otherwise disposes of any product or technical data purchased hereunder, it will comply with any export restrictions applicable to such transfer. Seller shall have no liability for delayed delivery or non-delivery resulting from denial, revocation, suspension or governmental delay in issuance of any necessary export license or authority.
Compliance with Return Policies
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. Our current Refund Policy is incorporated herein by reference and made part of these Terms and Conditions.
Cancellation and Refund Policy
ESTATE IMPROVEMENTS respects customer’s right of getting the highest quality products possible. For more details on our Cancellation and Refund Policy, please, click here.
Termination of Usage
We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.
Disclaimer and Limitation of Liability as to Products Sold
Any product offered by us is warranted only if, and only to the extent of the existence of, the applicable manufacturer’s warranty, if any, and is distributed by us on an “AS-IS” basis without warranty by us. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A limited warranty statement may be included with each product shipped to you. We will be obligated to honor any such warranty only upon our receipt of payment in full for the product to be warranted.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
Copyright and Trademark Notice
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of ESTATE IMPROVEMENTS, the Online Store, or their content suppliers and is protected by Canadian and international copyright laws. All software used on this Site is the property of the Online Store or its software suppliers and is protected by Canadian and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of ESTATE IMPROVEMENTS, in Canada and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ESTATE IMPROVEMENTS, the Online Store or their content suppliers. The logo, trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You agree that any legal action brought against the Online Store shall be governed by the laws of the Province of Ontario. You agree that the sole jurisdiction and venue for any litigation arising from your use of, or orders made on, this Site shall be an appropriate federal or provincial court located in Ontario, Canada. We make no representations that the content in this Site is appropriate for access outside of Canada. Those who choose to access this site from outside Canada do so on their own initiative and are responsible for compliance with local laws.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of Canada. The products offered here are solely for your use.
Customer may not assign or otherwise transfer its rights or obligations under these Terms & Conditions without the prior written consent of Seller. No attempt to assign or transfer in violation of this provision will be binding upon Seller.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us by contacting via e-mail support.AT.estateimprovements.ca
THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS YOU HAVE SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THAT SEPARATE AGREEMENT SHALL GOVERN.