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Customer Service > Terms of Use

TERMS OF USE

Last updated February 15, 2011

This website is operated by WWRD Canada, Inc. (referred to as "The Company/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below.

1. General

1.1 Your use of and purchase of products from this site is governed by the terms and conditions set out below. We recommend you also read our Privacy Policy. We also recommend that you print the full terms and conditions by selecting the print option in the File menu of your browser.

1.2 We may make changes to this site and the details displayed on it, including prices at any time without notice.

1.3 The prices for goods displayed for sale on this site are excluding applicable taxes. Delivery will be charged in addition, and any such additional charges are clearly displayed where they apply. For further details on delivery and delivery charges please see the Shipping page for further details.

1.4 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

1.5 We reserve the right to make changes to these terms and conditions at any time without notice.

2. Order Process

2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The Company does not accept international orders.

2.3 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.

Item availability and prices for all products sold on this site are subject to change without notice. Prices for products sold on this site may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders).

2.4 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered.

2.5 The Company does not accept international orders

3. Delivery

3.1 We aim to arrange shipment of all "in stock" items within 2 days of receiving your order. Your order may be delayed if the item is not in stock. Expected Delivery is 5-10 business days.

3.2 The period stated within which you will receive your order is approximate. The delivery times stated are for guidance only. Goods will be sent to the address given by you in your order and stated in the Order Confirmation.

3.3 We have the right to choose the means and carrier with which we deliver your order.

3.4 Risk of loss and damage of products passes to you on the date when the products are delivered.

3.5 Repeat deliveries may incur additional charges.

4. Payment

4.1 Payment is charged to your Credit card at the point of shipment of the goods and in the event that the payment card has expired we will be unable to take payment and fulfill your order.

4.2 It is a criminal offence to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

4.3 In the event that we are unable to supply the goods we will inform you as soon as possible. If you have already paid for goods we will provide you with a full refund.

4.4 We make every effort to ensure that the price displayed on our website is correct at the time of you placing your order.

4.5 If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible, and you will be given the opportunity to re-order at the correct price. We shall be under no obligation to fulfill an order for a product, which was advertised at an incorrect price, if the item(s) has been charged and not shipped we will cancel and refund your order.

4.6 Title in the products which you have ordered on this website will pass to you on delivery assuming that we have received payment in full for such products.

4.7 Where we take payment for an order in Canadian Dollars, we are not responsible for the exchange rate at which a bank charges their customer, or for any additional charges they make. In addition, any refunds are made in Canadian Dollars and we are not responsible for the exchange rate at which a bank charges their customer, or for any additional charges they make.

5. Cancellation and Refunds

5.1 If you wish to return the products you ordered please return them within 30 days of purchase, unused in their original packaging and we will provide you with a full refund. Please see our Returns policy for further details.

5.2 If there is a fault with your products, please contact us within 30 days of purchase, via email and we will provide you with a replacement (if available) or a full refund. Please see our Returns policy for further details.

5.3 Delivery charges are non-refundable. If you change your mind about the products you have ordered you will be responsible for the cost of returning those products to us.

5.4 Your right to return products does not apply to products, which fall into the following categories: Goods made to your specification.

6. Intellectual Property

6.1 You agree that all Intellectual Property Rights and all other materials contained on this website remain the property of The Company.

6.2 "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), Trade Marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights.

6.3 All web site design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on this web site are copyright The Company or its content and technology providers. All rights reserved.

6.4 Permission is granted to electronically copy and print in hard copy portions of this web site for the sole purpose of placing an order with The Company or using this site as a shopping resource. Any other use of the materials on this site - including reproduction for purpose other than those noted above, modification, distribution or re-publication - without the prior written permission of The Company is strictly prohibited.

7. Liability

7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.

7.2 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.3 Subject to 7.1 above, The Company will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any, economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions

7.4 Notwithstanding the above, subject to Section 7.1 The Companyís aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

7.5 The products sold on the Site are provided for private domestic and consumer use only. Accordingly, The Company does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from The Company.

7.6 Clause 7 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.

8. Severability

8.1 If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.

8.2 A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.

9. Waiver, Modification and Assignment

9.1 These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between The Company and you relating to your purchase.

9.2 No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other position.

10. Delay or Inability to Supply

We will not be liable to you for any loss or damage which may arise as a result of the supply of goods being prevented by circumstances beyond our control including the default of any of our suppliers.

11. Links

11.1 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

12. Third Party Rights

12.1 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

13. Promotional Codes

13.1 Promotional codes can only be used online and are subject to these general terms and conditions.

13.2 The Company reserves the right to withdraw or cancel promotional codes for any reason at any time.

13.3 Promotional codes are and remain at all times, the property of The Company.

13.4 Where a promotional code is issued to a specific individual the right to any associated discount is personal to the recipient and may not be transferred.

13.5 Promotional codes distributed or circulated without the written approval of The Company, for example on an Internet message board, are not valid for use and may be refused or cancelled.

14. Applicable Law

14.1 The Conditions are to be construed in accordance with the laws of Ontario and all contracts governed by them will be deemed to have been made in Ontario.

14.2 You consent to the exclusive jurisdiction of the Ontario Courts all matters regarding contracts governed by these Conditions except to the extent that we invoke the jurisdiction of the Courts of any other country.

14.3 In the event of any conflict between the English version of the Conditions and any translation of them, the English version will prevail.