CONDITIONS OF SALE
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from RUDSAK Inc., RUDSAK reserves the right to change the present terms and conditions without prior written notice at any time, at RUDSAK’s sole discretion. The terms “you” and “your” refer to the purchaser of Products using the www.rudsak.com website. By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this Agreement, and you represent that you are of legal age to enter into this Agreement and become bound by its terms. This Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. Except as expressly provided for in this Agreement, RUDSAK does not make or give any representation or warranty with respect to the Products you may purchase from this website.
1. CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and RUDSAK over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by RUDSAK as indicated in Section 3, below) 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 provide to you electronically satisfy any legal requirement that such communications be in writing.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
3. ORDER CONFIRMATION
Before submitting an order for the purchase of Products using this website, 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, such order will constitute an offer from you to RUDSAK to purchase the Products 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 RUDSAK until accepted by RUDSAK. RUDSAK’s acceptance of your order is evidenced by return e-mail from RUDSAK indicating that your order has been accepted.
RUDSAK reserves the right, in its 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 and your credit card charged. In the event that your order is cancelled after your payment has been processed, RUDSAK will issue a full refund.
All prices quoted are payable in Canadian Dollars. Although RUDSAK strives to provide accurate product and pricing information, errors may occur. RUDSAK 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. RUDSAK cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the www.rudsakstore.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, RUDSAK may, at its sole discretion, refuse or cancel your order, whether before or after RUDSAK’s acceptance thereof. If there is such an error in pricing, RUDSAK 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.
6. PAYMENT TERMS
Terms of payment shall be determined at RUDSAK’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by RUDSAK. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. PRODUCT AVAILABILITY
The availability of certain Products may be limited. RUDSAK may revise or cease to make available any Products at any time without prior notice. In the event that RUDSAK is unable to deliver to you a Product ordered due to lack of availability especially during special events like Cyber Monday or Boxing Day, RUDSAK will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product. The products available for sale by RUDSAK are available only in Canada.
8. SHIPPING; TAXES
RUDSAK will ship the Product(s) ordered by you to the address indicated in the Order Confirmation. Delivery times provided by RUDSAK are estimates only. RUDSAK shall not be responsible for any damages or costs resulting from any delays in delivery. Unless otherwise stated, all prices quoted do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.
9. OWNERSHIP; RISK OF LOSS
All Product(s) purchased from RUDSAK 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 RUDSAK of the Product(s) to the third party delivery company.
10. RETURNS & EXCHANGES
RUDSAK’s ultimate goal is for our customers to fall in love with the products they buy from us. If you’re not satisfied with any item purchased, we’ll gladly accept eligible unworn, unwashed, undamaged merchandise or products with manufacturing defects for a refund or exchange within 14 days of the purchase date.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
Except as expressly provided for in this Agreement, RUDSAK does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade.
In no event will RUDSAK be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by RUDSAK or otherwise related to this Agreement or the transactions conducted on or from the www.rudsakstore.com website, even if RUDSAK or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will RUDSAK’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will RUDSAK be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, RUDSAK’s contractors, the Internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of RUDSAK.
Certain federal or provincial laws, as applicable, may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
This Section shall survive the termination or expiry of this Agreement.
12. GOVERNING LAW AND JURISDICTION
This website and its server are physically located within the Province of Quebec, Canada. This Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13. EXPORT LAWS
Products sold or delivered under this Agreement shall be subject to the export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold RUDSAK harmless against all claims, damages or liability resulting from breach of the foregoing.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
15. NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the express written consent of RUDSAK.
16. SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and are binding upon each of the parties here to and their respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
18. ENTIRE AGREEMENT
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and RUDSAK relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by RUDSAK making such amendments or modifications available to it pursuant to this Agreement.
19. NO WAIVER
The failure of RUDSAK to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the rights of RUDSAK to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.