WhiskeyStones.ca

Last updated July 18, 2021

The Purchase Terms and Conditions (referred to collectively as the “Terms”) is a legal agreement between you and 1346698 Ontario Ltd dba WhiskeyStones.ca, an Ontario Canada based corporation (referred to collectively as “WS”), and apply to all consumer purchases by you of any product and/or related accessories or other products offered by WS collectively referred to as “Products”. By purchasing any Products from WS, whether online or at our showroom, you thereby agree to these Terms of Purchase in their entirety.

1. Application

These Terms apply to your purchase of the Products. Other interactions that you have with WS are subject to other agreements, including the:

  1. Site Terms of Use
  2. Privacy Notice
  3. Return Policy
  4. Limited Warranty Terms

A copy of these Terms and all other documents which apply to your purchase of Products are available for you to read on our website.

2. Product Online or In-Store Orders

You will receive a confirmation receipt when making your purchase online. WS has accepted your order upon shipment of the products.  Even after we send you a confirmation email, we reserve the right, to decline or cancel your order and/or to limit order quantities for any reason, including errors or suspected fraud.

3. Shipping

Orders under $150 qualify for a flat rate of $12. Orders over $150 are shipped free of charge. Rates apply currently only to shipping to the 10 Canadian Provinces. We can ship the Yukon Territory, Northwest Territories, and Nunavut but specific freight arrangements need to be made prior to shipment. You can contact us through our online form if you require service options to these territories. We do not ship outside of Canada.

  1. WS will send a shipping confirmation email to the email address associated to the order once the order has shipped.
  2. We will use UPS or other national parcel service to ship your order. We DO NOT ship to PO Boxes but arrangements can be made for you to pick up at nearest UPS service center.
  3. Orders containing discounted merchandise may take an additional 48-72 hours to process.
  4. Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of UPS or any other parcel service.
  5. If you choose to return your Products, you will be responsible for paying for your own shipping costs. Return shipping costs are not-refundable. We recommend using a shipping service that provides tracking and purchasing shipping insurance. We cannot guarantee that we will receive the item(s) you are attempting to return. For more detailed information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are posted online on our website and incorporated in to the Terms by reference and form a part of these Terms.

4. Ownership

  1. The title to all Products ordered by you and the risk of loss to such Products will transfer to you at the time WS delivers said Products to the applicable shipping carrier.
  2. If we have not received payment in full for the Products prior to their delivery, then the products will remain the property of WS until such time as payment is received in full. We reserve the right to terminate your right to use the Products if payment is not made when due, or if the credit/debit card company declines payment or if the credit/debit card company requires us to return any payment made for the Products, for any reason.

5. Returns Policy

To return any Products, you must obtain written approval for such return from WS prior to the return. You can contact us through our online form with details and reasons for the return. Any Products sent back to WS by you without the written consent of WS shall be rejected and returned to you at your cost.

  1. Products purchased that have not yet shipped can be cancelled for a full refund.
  2. Our full Return Policy is posted online and makes up part of these Terms

6. Payments

Our website is powered by Paypal and all payments made by you to WS from our online portal are processed through PayPal’s payment portal. Payments may be declined or returned to you, at WS’s sole discretion, for any reason. If we accept a pre-order for any Product, your account, credit card, or other payment mechanism will be charged upon approval by WS, regardless of when your purchase is expected to be shipped. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.

  1. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
  2. Financing. We do not offer financing on our products.

7. Disclaimer of Implied Warranties

ALL PRODUCTS OFFERED BY WS, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. WS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, WS, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

8. Liability

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO ANY AND ALL LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES. UNDER THESE TERMS WS IS NOT LIABLE FOR: (i) DEATH OR PERSONAL INJURY EVEN IF CAUSED BY OUR GROSS NEGLIGENCE; (ii) MISREPRESENTATION; OR (iii) ANY OTHER. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.

9. Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WS OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OF THE PRODUCTS, EVEN IF WS, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Acknowledgement and Indemnification

You agree to release, waive, defend, indemnify, and hold WS and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law. WS reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with WS in asserting any available defenses in an arbitration process.

11. Governing Law

These Terms and any disputes between you and WS will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

12. Dispute Resolution and Binding Arbitration

Where permitted by applicable law, all disputes, controversies or claims arising out of or in connection with or in relation to these Terms or the breach thereof, including any and all disputes, claims or question regarding: (a) the existence, validity, application, interpretation, performance, enforcement or termination of these Terms; (b) any dispute or claim arising out of or relating to the negotiation, execution, interpretation, application or performance of these Terms; or (c) any dispute or claim arising out of or relating to the design, manufacture, distribution, instruction, warning, performance or use of a Product, will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the ADRIC Arbitration Rules posted on the ADR Institute of Canada website (ADRIC.ca) then in force (respectively, the “Arbitration Rules”).

A single arbitrator will be appointed by agreement of the parties, or, if in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be held in Toronto, Ontario unless mutually agreed to in writing by both parties, and will be conducted in the English language. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney’s’ fees and disbursements and arbitrator fees and expenses. Any award and the determination of such arbitrator will be final and binding upon you and WS. A judgment on the award of the arbitrator may be entered into any court having jurisdiction of the party or parties against whom an award may be issued and each of you and WS agrees to and hereby waives any defenses against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in these Terms.

THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS.

13. General

WS’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on WS if it is in a written document signed by WS. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and WS intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. WS may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of WS’s successors and assigns. No one other than you and WS, or WS’s successors and assigns, will have any right to enforce these Terms.

14. Professional Conduct

We are here to help. Email is always the best means of contacting us for support of any kind be is sales or technical. We will absolutely NOT tolerate any rude or vulgar language or behaviour towards our staff when communicating. One warning will be offered, after which we reserve the right to refuse service, terminate accounts, issue refunds, void warranties, or cancel orders at our sole discretion.

15. How To Contact WS

WS can be reached with questions or comments regarding these Terms by using the contact form on our website at www.WhiskeyStones.ca or by email at info@WhiskeyStones.ca. Regular mail can be sent to WhiskeyStones.ca, 2164 Montreal Road, Unit 5, Suite #8009, Ottawa, ON K1J 1G4.