Terms Conditions of Use Conditions of Use & Sale
Last updated on June 13, 2019
Welcome to XadoCanada.ca.
Xado Canada and/or their affiliates provide website features and other products and services to you when you visit or shop at XadoCanada.ca (the "website"), use Xado Canada products or services, use Xado Canada applications for mobile, or use software provided by Xado Canada in connection with any of the foregoing (collectively "Xado Canada Services"). Xado Canada provides the Xado Canada Services and sells our products to you subject to the conditions set out on this page.
Conditions of Use
Please read these conditions carefully before using Xado Canada Services. By using Xado Canada Services, you signify your agreement to be bound by these conditions. We offer a wide range of Xado Canada Services, and sometimes additional terms may apply. When you use an Xado Canada Service (for example Your Profile, Gift Cards or Xado Canada applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Xado Canada Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
- Notice and Procedure for Making Claims of Right Infringements
- Notice and Procedure for Notifying Xado Canada of Defamatory Content
Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of Xado Canada Services, to understand our practices.
2. ELECTRONIC COMMUNICATIONS
When you use any Xado Canada Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other Xado Canada Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
All content included in or made available through any Xado Canada Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Xado Canada or its content suppliers and is protected by Canada and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Xado Canada Service is the exclusive property of Xado Canada and is protected by international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any Xado Canada Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Xado Canada Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Xado Canada Service (e.g. our prices and product listings) without our express written consent.
In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Xado Canada Service are trademarks or trade dress of Xado Canada . Xado Canada 's trademarks and trade dress may not be used in connection with any product or service that is not Xado Canada 's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Xado Canada . All other trademarks not owned by Xado Canada that appear in any Xado Canada Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xado Canada .
One or more patents owned by Xado Canada apply to the Xado Canada Services and to the features and services accessible via the Xado Canada Services. Portions of the Xado Canada Services operate under license of one or more patents.
6. LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Xado Canada or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Xado Canada Services. This licence does not include any resale or commercial use of any Xado Canada Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Xado Canada Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Xado Canada or its licensors, suppliers, publishers, rights holders, or other content providers. No Xado Canada Service, nor any part of any Xado Canada Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Xado Canada without our express written consent. You may not use any meta tags or any other "hidden text" utilising Xado Canada's names or trademarks without our express written consent.
You may not misuse the Xado Canada Services. You may use the Xado Canada Services only as permitted by law. The licences granted by Xado Canada terminate if you do not comply with these Conditions of Use or any Service Terms.
7. YOUR ACCOUNT
If you use any Xado Canada Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.
You must not use any Xado Canada Service: (i) in any way that causes, or is likely to cause, any Xado Canada Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid Notice Form the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Xado Canada Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Xado Canada Service, please notify us by completing and submitting the appropriate Notice Form and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Xado Canada a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Xado Canada, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Xado Canada including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Xado Canada for all claims brought by a third party against Xado Canada arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.
9. INTELLECTUAL PROPERTY CLAIMS
Xado Canada respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
10. OTHER BUSINESS
Parties other than Xado Canada operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Xado Canada does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
12. XADO CANADA'S ROLE
Xado Canada allows third party sellers to list and sell their products at XadoCanada,ca. In each such case this is indicated on the respective product detail page. While Xado Canada as a platform provider helps facilitate transactions that are carried out on the Xado Canada platform, Xado Canada is neither the buyer nor the seller of the seller's items. Xado Canada provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Xado Canada is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
13. OUR LIABILITY
We will do our utmost to ensure that availability of the Xado Canada Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Xado Canada Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Xado Canada will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Xado Canada Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
14. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the Canada, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the Canada, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in the Canada or in the EU country in which you live.
15. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the right to make changes to any Xado Canada Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Xado Canada Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
We do not sell products for purchase by children. If you are under 18 you may only use XadoCanada.ca with the involvement of a parent or guardian.
18. OUR CONTACT DETAILS
XadoCanada.ca is the trading name for Xado Canada and or Fleetwater Group. This website is owned and maintained by Xado Canada .
For Xado Canada :
Sales & Customer Services
10 Relroy Crt,
Toronto, M1W2Y7 ON
Tel: 1.888.770.XADO (9236)
9am to 5pm Monday to Friday
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Xado Canada the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Xado Canada for all claims brought by a third party against Xado Canada arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on XadoCanada.ca and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
XIN and ISBN-10, Defined: "XIN" stands for Xado Canada Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under Product Details. "ISBN-10" stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under Product Details.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to Xado Canada may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
20. NOTICE AND PROCEDURE FOR NOTIFYING XADO CANADA OF DEFAMATORY CONTENT
Because potentially millions of products could be listed and many thousands of customer reviews and comments are hosted on XadoCanada.ca, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on, or within a product advertised for sale on, the XadoCanada.ca website contains a defamatory statement, please notify Xado Canada immediately by completing and submitting a notice. Follow the instructions in the notice and send it to info@XadoCanada.ca with the subject line "Canada Defamation Notice [insert your name]" or, alternatively, send it by post to:
XADO Canada Sales & Customer Services
Important Warning: giving false, misleading or inaccurate information in the notice to Xado Canada of Defamatory Content on XadoCanada.ca may result in civil and criminal liability.
Conditions of Sale
These Conditions of Sale govern the sale of products by Xado Canada to you. XadoCanada.ca is a trading name of Xado Canada and /or Fleetwater Group. For conditions relating to the sale by third parties to you on XadoCanada.ca see the Participation Agreement. We offer a wide range of Xado Canada Services, and sometimes additional terms may apply. When you use an Xado Canada Service (for example Your Profile, Gift Cards or Xado Canada applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Xado Canada Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
Please read these conditions carefully before placing an order with Xado Canada. By placing an order with Xado Canada, you signify your agreement to be bound by these conditions.
1. SCOPE OF APPLICATION
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and authorised resellers.
A consumer is any natural person who concludes a legal transaction for the purposes, which predominantly are neither commercial in nature, nor attributable to self-employed professional activity. An authorised reseller is a natural or legal person or a partnership with legal capacity, which is acting as a commercial or professional enterprise when concluding a legal transaction.
These Terms and Conditions shall also apply to future business relationships with authorised resellers, without the need to make repeated reference to them. Should an authorised reseller use contradictory or supplementary general terms and conditions, their validity and application shall hereby be excluded; these shall only become an integral part of a contractual agreement when we have expressly agreed to them.
2. CONTRACTUAL PARTNERS, CONTRACT CONCLUSIONS
The purchase contract shall be concluded with XADO Canada.
By placing products in the online shop, we are providing a binding offer regarding the conclusion of a contract for these articles. You may initially place our products in the checkout basket without any obligations, and you may correct any entries you have made at any time before submitting your binding order; this can be done by using the corrective assistance, which is provided and explained during the course of placing your order. The contract shall be deemed valid when you accept the merchandise placed in the checkout basket by clicking on the order button. Immediately after placing your order, you will once again receive a confirmation e-mail.
3. CONTRACTUAL LANGUAGE, CONTRACT TEXT RECORD
The language in which the contract may be concluded is English.
The contract text is not stored by us.
4. OUR CONTRACT
Your order is an offer to Xado Canada to buy the product(s) in your order. When you place an order to purchase a product from Xado Canada, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Xado Canada. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
Please note that we sell products only in quantities, which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
5. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased.
You must inform us (Xado Canada) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our web site. In case you use the return centre, we will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item via our return centre.
For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- the supply of goods made to your specifications or clearly personalized;
- the supply of goods which may deteriorate or expire rapidly;
OUR VOLUNTARY RETURNS GUARANTEE
Without prejudice to your statutory rights, Xado Canada provides you with the following voluntary returns guarantee:
All products from the Xado Canada sites can be returned within 30 days of receipt of the products to Xado Canada if the products are complete and are in an unused and undamaged condition.
If you return products according to this voluntary return guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise, the transport risk and return costs are borne by you. The costs of delivery and return are only refunded for returns of clothing or shoes from our sites. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
6. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
7. PRODUCT INFORMATION
Unless expressly indicated otherwise, Xado Canada is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Xado Canada accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
When ordering products from Xado Canada for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Xado Canada , you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
9. OUR LIABILITY
Xado Canada and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched, and you may cancel your order at any time prior to dispatch.
10. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the Canada, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the Canada, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in the Canada.
11. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
13. DELIVERY CONDITIONS
Delivery costs are added to the product prices displayed. Delivery charges are explained within product offers.
We only dispatch goods en route; unfortunately, pickup by the customer is not possible.
We do not deliver to packing stations or warehouses unless agreed otherwise.
The following principal payment methods are available to you in our online shop:
If you select the advance payment, we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to the website of PayPal online provider. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions for PayPal.
If you have selected the PayPal payment method, in order to pay the invoice amount, you must be registered there or first register and identify yourself using your access data. The payment transaction will be carried out by PayPal automatically directly after confirmation of the payment instructions. You will receive additional information during the ordering process.
If you have selected the credit card payment method, in order to pay the invoice amount, you don’t have to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder. You will receive additional information during the ordering process.
If you have selected the direct debit payment method, in order to pay the invoice amount, you do not need to be registered with PayPal. With the confirmation of the payment instructions, you are granting PayPal a direct debit mandate. PayPal will inform you separately about the date of the account debit in an advance notification (pre-notification). With the submission of the direct debit directly after confirmation of the payment instructions, PayPal will request its bank to initiate the payment transaction. The payment transaction is carried out, and your account is debited. You will receive additional information during the ordering process.
15. RETENTION OF TITLE
The goods shall remain our property until full payment is made. For authorised resellers, the following applies additionally: we reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale — irrespective of connecting or mixing of the reserved goods with a new item — in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves, should you fail to fulfil your payment obligations.
16. DAMAGE DURING DELIVERY
For consumers, the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact in time does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so, you help us to assert our own claims against the carrier or transport insurer.
For authorised resellers, the following applies:
The risk of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the hauler, carrier or other contractor for forwarding to the specified person or establishment. Merchants are subject to the inspection and notification requirements set out in the Canada Consumer Rights Act 2015. Should you fail to comply with the instructions set out therein, the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
17. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the law governing liability for defects shall apply. For consumers, the limitation period for defect claims regarding used goods is one year from delivery of the goods. For authorised resellers, the limitation period for defect claims is one year from transfer of risk; the statutory limitation periods for the recourse claim under Canada Consumer Rights Act 2015 remain unaffected. With respect to authorised resellers, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to authorised resellers, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion. The aforementioned restrictions and shortened time limits do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
- for injury to life, body or health
- for deliberate or grossly negligent breach of duty, as well as fraudulent intent
- for breach of material contractual obligations, the fulfilment of which is essential for proper execution of the contract and which the contracting parties may generally rely on and trust in being complied with (cardinal obligations)
- within the context of a guarantee commitment, where agreed
- as long as the scope of the Product Liability Law is in force.
Information on any additional guarantees and their precise conditions can be found next to the product and on specific information pages in the online shop, if applicable.
Customer service: You can contact our customer service for questions and complaints on weekdays from 9:00 a.m. to 5:00 p.m. at the telephone number 1.888.770.9236 or via e-mail email@example.com
18. DISPUTE RESOLUTION
In order to settle disputes arising from a contractual relationship with a consumer or related to whether such contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is:
ICC International Court of Arbitration https://iccwbo.org/dispute-resolution-services/icc-international-court-arbitration.
We will participate in a dispute settlement procedure before this authority.
19. FINAL PROVISIONS
If you are an authorised reseller, the English law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the context of the Canada Consumer Rights Act 2015, a legal entity of public law or a special fund under public law, the exclusive legal jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.