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.
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 firstname.lastname@example.org.
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.