terms of sale

 In addition to the Terms of Use which govern your use of the PRIVATECH website (“Website”), these Terms of Sale govern any purchases you make on the Website. PRIVATECH is the operator of the Website and the supplier for your order. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order.

Please print and retain a copy of these Terms of Sale for your records.

PURCHASE INFORMATION

Purchases on the Website are limited to persons above the age of majority in their jurisdiction of residence.

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account.  Such e-mail is a confirmation that your order has been received by PRIVATECH.

You will not be able to make changes to your order once you have submitted it.  PRIVATECH reserves the right, at its sole discretion, to cancel or refuse any order for any reason.  Some situations that may result in your order being cancelled or refused are (i) incorrect billing information; or (ii) our inability to confirm or obtain authorization for charges to your credit card.  We may also require additional verifications or information before accepting any order.  PRIVATECH will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

PRICES AND CURRENCY

The prices displayed on the Website are shown in Canadian dollars. During the checkout process, harmonized sales tax (HST) will be added to your order.  

PAYMENT METHOD

You may pay for your order using MasterCard, Visa or PayPal.  A cheque in the mail is also acceptable.  When paying by credit card, your name, address and postal code must match the name, address and postal code on your credit card statement.  You authorize PRIVATECH to charge the applicable payment method the total amount of your order, including applicable taxes.  You represent and warrant that you are the holder of the applicable card or account.  If your payment method cannot be validated or processed, your order will not be processed and PRIVATECH will have no obligation to fulfil your order. 

REFUNDS

You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and PRIVATECH will respect all such applicable laws.   

DISCLAIMER/LIMITATION ON LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

PRIVATECH DISCLAIMS ALL WARRANTIES WITH RESPECT TO PRODUCTS SOLD ON THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.   

IN NO EVENT SHALL PRIVATECH OR ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND THAT RESULT FROM OR IN CONNECTION WITH THE USE OF ANY PRODUCTS SOLD ON THE WEBSITE, EVEN IF PRIVATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DESCRIPTIONS ON THIS WEBSITE

Although we strive to update and keep accurate product and pricing information on the Website, errors and/or omissions may occur.  In the event that an item is listed at an incorrect price or with incorrect information, PRIVATECH shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item.  If an item is incorrectly priced and PRIVATECH elects to refuse or cancel your order, we will notify you of such refusal or cancellation.
 
PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME.  WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE WEBSITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

APPLICABLE LAW

Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern these Terms of Sale, these Terms are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Sale shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

GENERAL

These Terms of Sale, the details of your order and all other notices posted on the Website constitute the entire agreement between you and PRIVATECH with respect to your purchase of products through the Website.  If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced.  The delay or failure of PRIVATECH to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit PRIVATECH’ rights with respect to such breach or any subsequent breaches.  PRIVATECH shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control.  You may not assign these Terms of Sale to any third party without the prior written consent of PRIVATECH.  These Terms of Sale will be binding upon and will enure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) PRIVATECH and its successors and assigns.  Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Sale.

 

 

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