Published July 14th, 2015 | Updated August 14th, 2017
TERMS AND CONDITIONS OF USE AND SALE
1. USE OF THE WEBSITE
The shop.buffabowling.com website (the “Site”) is owned and operated by Buffa Distribution (the “Company”) for your personal and non-commercial use and information. Your use of the Site is subject to the following terms and conditions of use and sale (the “Terms”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms. If you do not agree with any of the Terms, please do not use the Site.
The Company reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Site without prior written notice at any time, and from time to time, at the Company’s sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Site by posting notice of same on the Site. Following the posting of any such notice, your continued use of the Site will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.
The Company’s products and services available through the Site (the “Product” or the “Products”) may be ordered by persons who reside in Canada. The Site is not intended for access or use outside these territories. You are responsible to ensure that your access to the Site and the information and material available on or through it are legal in each jurisdiction in or through which you access or view the Site and such information and material.
The terms “we”, “us”, and “our” used in the Terms refer, collectively, to the Company and its affiliates, subsidiaries, divisions, successors and assigns and their respective employees, mandataries and agents (collectively, “Company Affiliates”). The company urges you to read the terms carefully, as they include provisions such as limitation of liability, dispute resolution and other provisions that may limit your rights.
2. ACCEPTABLE USE POLICY
As a condition of your use of the Site, you hereby represent and warrant to the Company that you:
Agree to honour our intellectual property rights;
Agree to provide us with accurate information as necessary for the proper conduct of the Site and to take responsibility for the information you provide;
Acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate;
Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through the Site; and
Shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of the Terms.
3. NO USE BY MINORS
The Site is intended for use by adults only. If you use the Site to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Site and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Site on your behalf and you should not use the Site on your own or provide any personal information to the Company. The Company does not knowingly collect information from children under the age of 13.
4. PRODUCT PURCHASES AND USER ACCOUNT
If you register on the Site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
5. PRODUCT INFORMATION AND AVAILABILITY
Products which may be purchased from the Site are available for sale and distribution to customers in Canada. The Company attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, the Company does not warrant that Product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. Please note that because the colours of the Products you see will depend on your monitor, screen or display, the Company cannot guarantee that your monitor, screen or display will display the exact actual colour of a Product displayed.
The availability of certain Products may be limited, and Products may not be available for immediate sale. The Company may revise or cease to make available any Products at any time without prior notice. In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
6. PRODUCT ORDERS
Before submitting an order for the purchase of Products using the Site, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the “Confirm my order” button), such order will constitute an offer from you to the Company to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on the Company until accepted by the Company. The Company’s acceptance of your order is evidenced by return e-mail from the Company indicating that your order has been accepted. The site and its contents are not to be construed as an offer to sell any product or service.
7. PRODUCT PRICING
All prices and Product orders are quoted and shall be processed in Canadian dollars. Although the Company strives to provide accurate Product and pricing information, errors may occur. The Company reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. The Company cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
8. CONSENT TO USE ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and the Company over the Internet or by e-mail, and you agree that the Terms, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
The Company reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, the Company will issue a full refund.
10. PAYMENT TERMS
Terms of payment for any Products purchased through the Site shall be determined at the Company’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by the Company. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
11. SHIPPING AND TAXES
The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
12. OWNERSHIP; RISK OF LOSS
All Product(s) purchased from the Company are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.
All Product returns are subject to the Company Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
14. COPYRIGHTS AND TRADEMARKS
Material on the Site, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. The Company is the owner of the copyright in the entire Site and, consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of the Company. Trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are registered or unregistered Marks of the Company or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Site is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, the Company authorizes you to make an electronic or paper copy of the information posted on any page of the Site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the Site. This license does not include any resale of the Site or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Site or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use of the Site and/or its contents terminates the permission or license granted by the Company.
Except as otherwise may be expressly provided herein, nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.
15. YOUR MATERIAL
The Company is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Site or any other Company websites including any Company pages on social networking websites and webpages such as Facebook, Twitter or YouTube (collectively, your “Material”). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the Company or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. The Company reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
16. LINKS TO OTHER WEBSITES
Links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to the Site, except if expressly permitted by the Company. To obtain such permission, please contact us here.
17. MODIFICATION OF SITE; RESERVATION OF RIGHTS
The Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Site or any aspect of it, including but not limited to any Site content, features or hours of availability and Company will not be liable to you or any third party for doing so. The Company may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or liability. All rights not expressly granted in the Terms are reserved to the Company.
18. GOVERNING LAW
The Site is controlled and operated by the Company from Montréal, Québec, Canada and the Terms, the Site, any use of the Site and any transaction conducted on or from it shall be governed by the laws of the Province of Québec and the laws of Canada applicable therein without reference to principles of conflict of laws.
The Company reserves the right, at its sole discretion, to terminate your access to all or any part of the Site, with or without notice.
The Terms and any supporting or ancillary documents are drafted solely in English. A French version of the Terms is available here.
22. CONTACTING US
BY E-MAIL : [email protected]
BY PHONE : 1 (800) 263-4072 (514) 376-7905
BY POST MAIL : Buffa Distribution, 6520 Magloire, Saint-Leonard, Qc, H1P 1N8 Attn : Customer Service