These Terms and Conditions govern your purchase of any product offered by Canpets.ca Inc. on www.canpets.ca. Please read these Terms of Sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. By placing an order, you acknowledge you have read, accepted and agreed to be bound by these Terms of Sale, without limitation or qualifications. These Terms of Sale are subject to modification at any time without prior written notice and in the sole discretion of Canpets.ca.
Canpets.ca may discontinue any product at any time without notice. The product prices displayed on Canpets.ca are UNIT Price and do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. All prices displayed are Unit Prices.
- Price Errors
Our goal is a 100% error-free Web site. If product price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply. We will notify you if your order includes items that were incorrectly priced.
2a. Product Images
Please order based on the product description and the specification sheets attached to the product. Do not order based soley on the image.
- Major Brand Products and OEM Brand Products
The term "Major Brand" is used on Canpets.ca for items manufactured by one of these respective brand name manufacturers. Due to the non-guaranteed stable inventory of some items from certain or particular brand, we have to use this special term "Major Brand" for these models, so that we can guarantee to supply the material to our esteemed customers and we still keep the same quality level to our customer.
Orders are not binding upon Canpets.ca until accepted. Canpets.ca reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Payment can be made via Email Transfer, MasterCard, Visa, American Express and Paypal. Your credit card will be charged when your order is placed.
- Sales Tax
You are responsible for the payment of any province and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling, if required by law. By law, Canpets.ca must collect sales tax for orders delivered to Canadian Address.
Province & Territory
If you order by 2 p.m. Eastern Standard Time, the in-stock items ordered will be shipped that day (Monday through Friday delivery days) via ground transportation to most locations. Upgraded shipping services (Next Day, 2nd Day) are available at an additional charge. In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. While Canpets.ca will make every reasonable effort to ship your orders within these time frames,Canpets.ca is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond Canpets.ca's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Web site caused by an event outside the direct control of Canpets.ca, including without limitation, power outages or attacks on this Web site such as by persons known as "hackers."
- International Shipments
No minimum orders for outside Canada customers, shipments to US Territories will be arranged and additional shipping charges will apply. For customers seeking to have products delivered to all other countries, Canpets.ca will ship via DHL, UPS, FedEx, CanadaPost, or through a Canada-based "Freight Forwarder" of the customer's choosing. Additional shipping charges may apply. The customer is responsible for payment of taxes, duties, tariffs, and any other charges levied by government agencies. Payment must be made in full using a credit card or bank transfer at the time of shipment. Title and risk of loss and damage of the products pass to the customer upon delivery at the "Freight Forwarder."
- Shipping & Handling (S & H) Charges
Additional S & H charges will apply to oversized items and orders shipped outside Canada and to orders shipped via upgraded services (Next Day, 2nd Day, etc). In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished. S & H charges, along with any charged Freight, are non-refundable in occurrences where Canpets.ca has made no error in merchandizing or shipping.
All products are sold "as is," and Canpets.ca disclaims all warranties of any kind relating to the products or use thereof, express or implied, including warranties of merchantability, non-infringement, title or fitness for a particular purpose. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
- Limitation of Liability
To the maximum extent allowed by law, Canpets.ca shall not be liable for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to these Terms of Conditions, this Web site, the catalog, product(s) or order(s), whether such claim is based on warranty, contract, tort (including negligence or strict liability) or otherwise. In no event will the collective liability of Canpets.ca exceed the amount you have paid to the company for the applicable order or product out of which liability arose. These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Some provinces or states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
If any provision of these Terms and Conditions are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.
- Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, applicable to contracts made, and to be enforced wholly within the Province of Ontario.
Any dispute or disagreement arising out of these Terms and Conditions, or breach thereof, shall be settled by arbitration administered by the Ontario Courts under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Toronto, Ontario.
- Jurisdiction and Venue
You and Canpets.ca (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Conditions must be brought solely and exclusively Ontario Courts located in the City of Markham, Ontario, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
16. Waivers and Amendments
The waiver by either Party of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances. These Terms and Conditions may be waived or amended only in a writing signed by the Parties.