Terms of Purchase
Date Last Revised: August 1, 2018
PLEASE READ THESE TERMS OF PURCHASE CAREFULLY BEFORE COMPLETING A PURCHASE USING THIS WEB SITE. In addition to the Legal Notice and Terms and Conditions which govern your use of this website (the “Site”) operated by Newell Industries Canada ULC, these Terms of Purchase govern any order or purchase of any product or service made available through the Site (each such purchase, a "Transaction") by you (the individual completing this order, “you”). By placing an order and accepting these Terms of Purchase, you agree to be bound by them whether or not you have read them. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.
All advertisements on this Site are invitations to purchase and not offers to sell. It is your responsibility to ascertain and obey all applicable local, provincial, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. NIC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); (iv) accept or reject your order once your order has been completed and submitted to NIC (in which case NIC will have no obligation to fulfill your order and you will have no obligation to pay NIC for the order ); and (iv) refuse to provide any user with any product or service.
NIC non-password protected e-commerce enabled sites are for orders from end user customers only. NIC does not accept orders on this site from resellers, exporters, wholesalers or other customers who intend to resell the products offered on this site. If you are interested in reselling our products, please contact us.
2. Fees and Payment
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges and for any taxes that may be applicable to your Transactions. More specifically, you agree to pay NIC the amount set out as the “TOTAL” in your “check out” screen (the “Fee”). Unless otherwise indicated, all references to monetary amounts on the Site and during the Transaction are in Canadian dollars.
Payments may be made using credit cards (Visa, MasterCard or American Express) or PayPal. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
For the purposes of managing and processing a Transaction, you may be asked to supply certain information relevant to your Transaction including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant to NIC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You authorize NIC (and NIC’s designated payment processor) to charge the applicable card for the Fee. If your card is rejected by the card, your order will not be shipped and NIC will have no obligation to fulfill your order.
Your order will be shipped via the method indicated during the order process to the Canadian delivery address specified by you during the order process. NIC is not responsible for any loss of the products following shipment from NIC’ or its agents’ or mandataries’ facilities to your delivery address. Products purchased on this Site will only be shipped to Canadian addresses.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
5. Changes to the Terms of Purchase
JCS may at any time modify these Terms of Purchase by providing you notice, via e-mail or mail, to the e-mail or billing address associated with your account, all in accordance with applicable laws.
6. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL NIC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, NIC'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO NIC HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS OR SERVICES.
7. Cancellation Rights
Certain Canadian jurisdictions may provide you specific cancellation right; NIC will respect all such applicable laws.
8. Applicable law; jurisdiction.
These Terms of Purchase shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, except in cases where the laws of the Canadian jurisdiction in which you reside requires that such laws to apply, in which case, the laws of such jurisdiction shall apply, and in each case the laws of Canada applicable therein. To the maximum extent permitted by applicable laws, the parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.
9. Entire Agreement.
No failure on the part of NIC to enforce any part of these Terms of Purchase shall constitute a waiver of any of NIC’s rights under these Terms of Purchase. Receipt of any funds by NIC or the reliance of any person on NIC’s actions shall not be deemed to constitute a waiver of any provision of these Terms of Purchase. Only waivers signed by authorized representatives of NIC shall be binding on NIC. If any provision of these Terms of Purchase is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Purchase and shall not affect the validity and enforceability of any remaining provisions. You may not assign these Terms of Purchase and/or your order, in whole or in part, without the prior written consent of NIC. NIC may assign these Terms of Purchase or any rights hereunder without your consent and without notice. It is the express wish of the parties that these Terms of Purchase and all related documents be drawn up in English. C’est la volonté expresse des parties que les présentes modalités d’achat ainsi que tous les documents y afférant soient rédigés en anglais.
11. How to Contact NIC.
NIC is located at:
20B Hereford Street
You can also reach NIC at: 1-800-253-2764