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Online Sales Disclaimer
The following is the terms of the agreement between iTEKcanada Technologies Inc. ("Company") and the buyer ("Buyer") of goods or services through the Company's Website (the "Site"). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4. EDITING, DELETING AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Apple, Brother, Dell, HP, IBM, Lexmark, Samsung, Canon, Epson, Xerox and other manufacturer brand names and logos are registered trademarks of their respective owners. Any and all brand name designations or references are made solely for purposes of demonstrating compatibility.
9. REFUND POLICY
If a product purchased is defective or not to Buyer's satisfaction, Buyer can return the product in its original condition within 30 days of receipt, following the instructions into your account. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred).
Buyer may return most new, unopened items within 30 days of delivery for a refund, credit or exchange. For orders that shipped free, the actual shipping charges will be deducted from your refund. Buyer will be responsible for the original shipping costs unless the return or order cancellation is a result of our error. Buyer is responsible for shipping charges on returned items or canceled orders.Company will pay the return shipping costs if the return is a result of our error. Company will replace defective products free of charge. This Section 9 sets forth Buyer’s sole and exclusive right to refund.
All returned products must be in new condition with original packaging, documentation, accessories and UPC codes.
All returns or canceled orders are subject to a 15% restocking fee. No restocking fee will be charged for exchanged orders.
Company never charge a restocking fee if the product received was due to our error or if the product was defective.
A partial refund will be issued for any item that is not in its original condition, is damaged, is missing parts for reasons not due to our error or
if buyer do not follow our return instructions: up to 50% of item's price.
Buyer should expect to receive your refund within three weeks of giving your package to the return shipper, however,
in many cases you will receive a refund more quickly.
This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days),
the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
Company offer 12 month warranty on most of our products *. Prior to sending warranty replacements company will test the products to verify they are defective.
The warranty does not cover products that have not been properly maintained or cared for, overcharged, or otherwise abused or misused.
Buyer will be required to pay return shipping for the new replacement OEM products. The products can be returned by UPS, FedEx, Purolator, USPS or Canada Post.
Please make sure you reference your order number and provide the reason for the return. Optionally, if the buyer require immediate replacement of a products, he may purchase new products today and if the returned products are defective.
company will issue a refund for the cost of the new products.
* Moustache Ink & Toner cartridges: 2 years warranty
10. USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
11. GOVERNING LAW
This Contract shall be treated as though it were executed and performed in Quebec, Canada and shall be governed by and construed in accordance with the laws of Quebec, Canada (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Quebec, Canadaand Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, then you can purchase any product or service on this site. IF YOU DON'T AGREE, we ask you to leave our site.