Terms and Conditions

Terms and Conditions of Use

TERMS AND CONDITIONS OF USE


Updated on 2012/07/03

PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY

COMMONWEALTH PLYWOOD COMPANY LIMITED (“Commonwealth Plywood” or “We” or “Us”) PROVIDES YOU (“You” or “Your”) ACCESS AND USE OF THIS SITE (the "Site"), SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THE SITE OR REGISTERING WITH US YOU AGREE EACH AND EVERY TIME YOU USE THE SITE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITE, YOU MAY NOT USE THE SITE.

Operation: The Site is owned and maintained by Us.

Related Policies and Terms: Commonwealth Plywood has adopted a Privacy Policy that You should refer to in order to fully understand how We use, collect and disclose information. To learn about Commonwealth Plywood’s privacy practices, please refer to the Privacy Policy section of the Site.

Modification of Site Terms: Commonwealth Plywood reserves the right to modify these Site Terms in its sole discretion from time to time. If the Site Terms are changed, We will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and Your use of the Site following the posting will constitute Your acceptance of the new Site Terms.

Authorization: When You are using the Site on behalf of a corporation, group or organization then You confirm that you have authority to do so and to so bind the corporation, group or organization. You may not use the site if you are under the age of 18.

Intellectual Property: Except as specifically authorized in the Site Terms, none of the materials and intellectual property available on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without Commonwealth Plywood’s prior written permission.

Availability: Availability of products on the Site may vary. Some featured items may be available only in limited quantities or only while supplies last. Display of an item is not a guarantee that the item is currently in stock or that it will be available on our Site when you visit again. For any availability issues, please contact our Customer Service Department.

Placing an Order: You understand that your order shall constitute an offer to purchase the selected item(s). Orders are not binding on Us until we confirm our acceptance by return email. Orders are subject to product availability and payment. We reserve the right to cancel orders or limit quantities purchased; as such no order is final until accepted by Us. In the event we make a change to or cancel an order, we will notify you by email and/or phone number provided at the time the order was made or which we have on file.

Pricing and Payment: Prices displayed on the Site are quoted in Canadian Dollars. We reserve the right to correct any errors in pricing or product information at any time, even after an order is placed. In the eventuality that you place an order for an item incorrectly priced, we may, for those of you who are not Quebec residents, cancel such order and reverse the charges applicable to your payment. We do not accept payment by credit cards. We do accept payment: (a) by PayPal; or (b) through Your account, if You have a customer account with Us. We do not charge Your customer account until the date we ship your merchandise to You. Unless otherwise agreed to in Your credit facility with Us, payment of Your invoice is due within thirty (30) days of invoice date, without deduction or set-off for any reason.

Sales Tax: Purchases on the Site are subject to applicable taxes. You may also be charged taxes on the shipping fees. If you return an item for a refund, you will also receive a refund for the taxes paid on each returned item. You will not receive a refund for the taxes paid for shipping fees. Shipping fees are non-refundable, unless you are returning something as a result of a shipping error.

Shipping, Cancellation and Delays: Your order will be shipped to: (i) the address you enter into the site when you place your order; or (ii) the address we have on file for your account. It is Your responsibility to make sure that You provide us with the appropriate shipping address. We reserve the right to make partial shipments and back-order items. Certain merchandise may also become unavailable following the acceptance of an order. We are not liable for any costs or damages whatsoever arising from any delays or failure to deliver merchandise in case of Force Majeure which is an event or effect that cannot be reasonably anticipated or controlled, for example: acts of war, terrorist acts, natural disasters, accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance, or the threat of any of the foregoing.

Exchanges: Merchandise may not be returned for credit or exchange without written authorization. Only merchandise in its original unaltered packaging and in good resale condition may be credited or exchanged, less a restocking and handling fee equal to 30% of the purchase price if returned within ninety (90) days of its purchase.

Your Responsibilities: You acknowledge and agree that you are solely responsible for: (i) maintaining the confidentiality of your account login and/or password; (ii) for all uses of your account. You agree to notify Us immediately of any unauthorized use of Your account. Where You contribute content or information to the Site you will ensure that such content or information will, at all times, be accurate, complete and not misleading. In Your use of the Site, You also agree to comply with all applicable laws, rules and regulations.

Third Party Links: We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site.

Disclaimer of Warranty: YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. COMMONWEALTH PLYWOOD, ITS CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, OR AGENTS SPECIFICALLY DECLINE ANY WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL RUN ERROR FREE. THE SITE IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Limitation of Liability: IN NO EVENT SHALL WE OR ANY OF OUR CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION, UNDER CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

Indemnification: You agree to indemnify, defend and hold Us and our affiliates, licensors, officers, directors, employees, consultants, licensees and agents harmless from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys' fees) arising from Your use or the use of Your account of the Site, a violation of the Site Terms as well as any infringement of any intellectual property or other right of any person or entity.

Assignment: The Site Terms will enure to the benefit of Commonwealth Plywood’s successors, assigns and licensees and We may assign all our rights and obligations hereunder to any other party.

Applicable Law, Venue and Limitation of Actions: The Site Terms and conditions shall be governed by and construed in accordance with the laws of the Province of Quebec applicable to agreements made and entirely to be performed within the Province of Quebec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where You access this Site, You agree that any action at law or in equity arising out of or relating to the Site Terms shall be filed and adjudicated only in the federal or provincial courts located in Quebec (Judicial District of Montreal), and You hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Site Terms.

Termination: Notwithstanding any of the Site Terms, We reserve the right, without notice and in our sole discretion, to terminate Your license to use the Site, and to block or prevent future access to and use of this Site if You violate any of the Site Terms. Upon termination, the Site Terms shall continue to apply.

Consent to Email Communication: When You visit this Site or send email to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically and agree that We may communicate with You by email or by posting notices on this Site.

Severability: If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Waivers: No waiver, express or implied, by either party of any breach of or default under the Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Contact Us: If You are experiencing difficulties in using the Site or have any questions or comments, please contact Us at webmaster@commonwealthplywood.com.

Language: The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s’y rapportant soient rédigées en anglais.

Recognizing the above, You hereby agree to use any of the offered services and to abide by the Site Terms.

Privacy Policy

COMMONWEALTH PLYWOOD’S PRIVACY POLICY

UPDATED ON 2012/07/03

We at Commonwealth Plywood Company Limited respect your privacy. This privacy policy (the “Policy”) describes the manner in which we (“Commonwealth Plywood” or “Us”) collect your personal information and how we treat it consistent with our commitment to providing you with a satisfying and helpful shopping experience.

By using the www.commonwealthplywooddistribution.com website (the “Site”), making an online purchase of products, placing orders or providing us with Personal Information (as defined below), you agree to the terms and conditions of the Policy and as it may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the top of this page) and review any changes since the last version.

What is Personal Information?

Personal Information is virtually any information that refers to an individual specifically and is recorded in any form. Personal information includes such things as age, income, date of birth, email and postal addresses, telephone numbers and financial information.

How is Personal Information collected?

Personal Information is collected online by us when users voluntarily register with us to purchase items, order items, receive electronic newsletters, emails, use communication services, answer surveys and enter contests or other promotional opportunities and when users make a purchase.

Our Site is designed for use by adults. We do not knowingly collect any personal information from children under the age of 13. Those under age 18 should not use the Site or provide Commonwealth Plywood with any personal information.

  1. PURPOSE OF COLLECTION

    We use Personal Information in an effort to improve your shopping experience, to communicate with you about our products, promotions or contests, if any, to protect you and us from error and fraud, to process your requests or orders and to keep track of transactions and to comply with legal and governmental requirements. We may also use this information to make offers to you, to help us target specific products to you, and to help us develop and improve our Site and tailor it to your interests.

  2. CONSENT

    We will collect, use or disclose your Personal Information only with your knowledge and consent, except where required or permitted by law.

    You may withdraw your consent at any time, on reasonable notice, subject to legal or contractual restrictions. We will inform you of the implications of doing so. To amend your consent, refer to the Contact Us section below.

  3. LIMITING USE, DISCLOSURE, AND RETENTION

    Personal information will not be used or disclosed for purposes other than those for which it was collected, except with your consent or as required or permitted by law. It will be retained only as long as necessary for these purposes or as required by law.

  4. ACCURACY

    We will keep your Personal Information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. You may request access to your Personal Information we have on record in order to review and amend the information, as appropriate. In circumstances where your Personal Information has been provided by a third party, we will refer you to that party (e.g. credit bureaus).

  5. SAFEGUARDS AND ACCOUNTABILITY

    We will protect Personal Information by security safeguards appropriate to the sensitivity of the information, including through the use of the following measures: (i) physical security measures, such as restricted access facilities and appropriate disposal of Personal Information; and (ii) electronic security measures, such as password protection, for accessing computerized Personal Information.

    We are responsible for Personal Information under its control, including any Personal Information that is transferred to third parties for processing, storage or other purposes.

    When we use trusted third parties to act on our behalf by performing such functions as fulfilling orders, delivering packages, processing credit card payments or providing customer service, contractual or other appropriate means are used to ensure compliance by such third parties with this Policy and all applicable privacy laws.

  6. OPENNESS AND INDIVIDUAL ACCESS

    This Policy and any related information is available at all times on our Site, www.commonwealthplywooddistribution.com under Privacy Policy or on request.

    Upon request, we will inform you of the existence, use and disclosure of Personal Information relating to you, and give you access to that information. You have the right to challenge the accuracy and completeness of your information and have it amended as appropriate.

  7. CONTACTING US

    For anything to do with this Policy, including questions, comments, withdrawing consent or to challenge our compliance with this Policy, please contact us as follows: privacy@commonwealthplywood.com

    We will inform individuals who make enquiries or lodge complaints about its enquiry or complaint procedures, as applicable. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices.

  8. ASSIGNMENT

    You consent to the transfer of your Personal Information to a third party acquirer of Commonwealth Plywood’s business.

  9. COOKIES

    Cookies are small text files which embed themselves on your hard drive from some of the Site’s pages. Cookies are harmless in the sense that they cannot extract any information from your hard drive, over which you have complete control. We use Cookies to determine site traffic, convey useful information about your interests, and to personalize any future visits you make to the Site. Cookies do not systematically provide us with any personal information about you, and you can opt to stop receiving Cookies at any time by simply modifying your browser’s configuration.

  10. LINKS TO OTHER SITES

    Our Site may contain links to sites other than our own. Those sites may have their own privacy policy, or no privacy policy at all. We are not responsible for those sites, and we provide these links solely for the convenience of our visitors. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with this Policy. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. We do not control the content that appears on these sites or take any responsibility for their content, nor should it be implied that we endorse or otherwise recommend such sites or their products or services offered.