Sands Canada Terms & Conditions of Use & Sale

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“USER AGREEMENT”) VERY CAREFULLY.

TERMS AND CONDITION OF USE & SALE

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE “SITE”) AND/OR BY PURCHASING BY FAX OR PHONE OPERATED BY Sands Canada Inc., YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Important Information About This Legal Contract

You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Sands Canada Inc’s sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Policy frequently.

Acceptance of Contract Terms

This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Sands Canada Inc. (References to “you” or “your” shall relate to a customer of Sands Canada Inc. or other party that visits, browses, shops, accesses or otherwise uses the Site (the “Customer”); references to “Sands Canada Inc.” shall relate to Sands Canada Inc. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including Canadian export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Sands Canada Inc. from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Canadian copyright law and international treaties. This Site is controlled and operated by Sands Canada Inc. from its offices within Canada. Sands Canada Inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the province of Ontario without regard to conflict of law rules. You consent to the jurisdiction of the federal and provincial courts located in the counties of Leeds & Grenville, Ontario, to hear any such claims.

Arbitration

You agree that all disputes or disagreements between you and Sands Canada Inc. relating to the Terms and Conditions, our Privacy Policy, the use of this Site in any way, or to any related matter (a “Dispute”) will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the City of Brockville, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against us. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.

ACCEPTABLE PAYMENT OPTIONS

We accept the following payment options:

PayPal

Credit Card (Mastercard & Visa)

Cheque / Check for Commercial Customers

International and Domestic Money Orders

Wire Transfer

Cash or Interac in person at our store – 300 Central Ave. W., Brockville, ON

We will never ask you to send your credit card information by email. We ask that you never send your credit card information through email. Email is insecure and can be intercepted by a third party. Sands Canada Inc. will not be accountable if your credit card information is intercepted and used by a third party.

With accepting credit cards, we always run the risk of chargebacks from credit card companies. While this is extremely rare, we want to ensure that it remains that way. To assist you, we are providing our process in regards to chargeback prevention:

We use a trackable shipping method. This ensures that a product is received and can be traced if it has not.

We request that returns are shipped back using the same method as mentioned above. Using a trackable shipment option protects our customers and Sands Canada Inc.

We provide a timeline for the return process.

We keep all email correspondence, shipping information and order information. This information is then provided to the requesting credit card company, upon request.

When chargebacks are investigated by the processing company, they ask for information regarding the transaction. We supply the information as mentioned in our Privacy Policy. Filing a dispute does not mean you will receive your money back through your credit card company. Disputes are investigated by the processing company. If you require your money back on a purchase, please follow our return/exchange policy in these Terms & Conditions. If you do not qualify to get your money back through our policy, a dispute will not supersede this policy.

Please never send cash in the mail!

Personal cheques may be held for up to 30 days prior to shipping your order.

Credit Card Payments: You must accept these Terms & Conditions at the time of purchase. By accepting these terms and confirming your order, you authorize Sands Canada (3244601 Canada Inc.) to debit your credit card for the total dollar amount of the products sold, cost of shipping (see Shipping), plus any taxes associated to the purchase. Credit Card payments are processed in real time, except orders that are phoned, emailed, or faxed into our sales team.

PayPal: With accepting PayPal payments, PayPal uses a dispute system to challenge a payment. Disputes of this nature are extremely rare, and we want to ensure that it remains that way. To assist you, we are providing our process in regards to a dispute with your order:

We use a trackable shipping method. This ensures that a product is received and can be traced if it has not.

We request that returns are shipped back using the same method as mentioned above. Using a trackable shipment option protects our customers and Sands Canada Inc.

We provide a timeline for the return process.

We keep all email correspondence, shipping information and order information. This information is then provided to the requesting party (credit card / PayPal), upon request.

When a dispute is initiated with PayPal, we will respond in a timely manner and will work with the customer to find a resolution. If we find a pattern of abuse of the PayPal dispute system by any customer, we reserve the right to refuse service to that customer for any future orders. Abuse is determined if the complaint(s) is put through PayPal’s Dispute Resolution system before being submitted and receiving an answer from our Relations Manager, or if the issue was already handled and resolved by our Relations Manager before the dispute was initiated. – See Suggestion/Idea Submission/Complaints. This ban will be permanent and will not be revoked. We reserve this right because any complaints received are looked into which takes time away from other customers who require our assistance.

ACCOUNT PROFILE

It is the customer’s responsibility to ensure that their account information is kept up to date. A valid email address is required to use our site. If an email address is used that is not valid, you account will be suspended or removed without notice. Any orders created under an account with an invalid email address will be held until this is corrected. You are only allowed one account, any other accounts detected will result in all of the accounts being suspended, and any orders placed under those accounts, being cancelled. This is to protect us against the risk of fraud. If you can not remember your account information, please contact us and we will be happy to get you back into your account. You are required to use your legal first name and last name. Invalid names can delay you order until they are correct. If you have an address, phone number, email address, name change, etc., please notify us as soon as possible. This information is important to us in case there is a product recall. We will normally post this information on our website and email it to you, however, if you have opted out from receiving any email (in line with our Privacy Policy) or have not provided us with an email address, we will mail out this important information through Canada Post. Sands Canada or its suppliers, will not be held accountable for any use of a product that is under a recall because of the customer has neglected to keep their account information up to date.

Sands Canada measures products in CM and weighs them in KG.

Custom orders may have a longer delivery time.

Our standard method of shipping is Expedited Canada Post to keep shipping costs as low as possible. However, we can also ship via:

XPRESSPOST (higher costs than Expedited, but a little faster)

UPS (more expensive than Express, but a little faster delivery)

PUROLATOR (about the same costs as UPS)

We can also ship orders using your organization’s courier account.

Please inform the sales staff if you require faster delivery, a different delivery option, or your own courier account, otherwise, the order will be shipped Expedited Canada Post.

We receive an estimate from Canada Post and Purolator on how much it will cost to ship and an estimated delivery date to your destination. This is based on the physical or dimensional weight of the product(s). Delivery dates can be extended depending on stock levels and issues outside of our control. While we strive to ensure that the shipping charged on our website is accurate, in the case of an error, we reserve the right to alter the shipping cost as required. We will contact you if there is an error and see if you would prefer to change the shipping option. If no other shipping options are available, we will need to collect payment information to cover the excess cost in order for the order to be shipped.

For shipping options that do not provide a tracking number (IE. shipped through letter mail). Sands Canada is not able to confirm delivery via these shipping options. If there is a claim that the order was not received, we will not be able to send out a replacement order or refund your purchase.

International Shipments. We recommend using a service selection that provides a tracking number. Canada Post or Purolator may provide a shipping option that not provide a tracking number (usually the cheapest option). It is solely up to the customer to visit the Canada Post or Purolator web site to find out if the service option providing a quote will assign a tracking number. Sands Canada is not responsible for orders that are lost when a shipping option that cannot be tracked is selected.

DAMAGE DURING SHIPPING

Sands Canada Inc. inspects packaging and contents before an order leaves our warehouse. Unfortunately, from time to time, a package may arrive damaged. We must advise that if this does occur, please refuse the package delivery. If the damaged package is received by the receiving party, we regret to inform that we are unable to accept a return on this product or provide a refund. By receiving the item, Sands Canada Inc. is unable to claim that item from the respective delivery company.

ITEMS NOT DELIVERED

We are not in the business of shipping. This is up to the courier that you select to have your order shipped to your shipping address. If you do not receive your order, we will track the shipment to determine its status. If the shipment shows that it has not been delivered and there is a large amount of time since the last update or it is past the estimated delivery date, if requested and if available, we will submit a trace to be put on the package to find out what has happened. If the courier determines the package lost, we will replace the order at no charge to you. In the case where the package shows delivered and you have not received it, if requested and if the option is available, we will put a trace on the package. However, when the package shows delivered, the courier will just confirm that it was delivered. In this case, the order will have to be replaced at your cost, but we will cover the shipping charges. The shipping charges will be the exact service and courier that you selected originally during your order.

If items were not received because the incorrect address was entered under the Shipping Address. If this occurs, and Canada Post was chosen as a shipping option, we are unable to call Canada Post to reroute the package. We will need to wait for it to be returned to Sands Canada. Once it has been received back, we will reship your order. When the error is not due to Sands Canada, you will be responsible for the return shipping charges and the new shipping charges to resend the package(s) back out to you. If Purolator was selected, there is a chance that we may be able to have the package rerouted. If this is not possible, you will be responsible for any return shipping charges billed to Sands Canada on top of the shipping charges to send the package(s) back out to you.

CURRENCY

The currency used on our web site is CAD. If paying in Non-Canadian funds, dollar conversion is done at the time of payment by the credit card company or PayPal, depending on the payment source.

ERRORS & OMISSIONS

MISTAKES HAPPEN! We reserve the right to notify the customer and correct the error if an error was made in pricing, product number, availability, colour, sizing, taxes or other errors unforeseen in the order process.

Contents or products not included with products unless stated, Certain items may be shown alongside a product to enhance or help to describe the product but are not included unless specifically stated.

Product Specifications change. Item Descriptions change. Sizes can alter. Packaging can vary. We apologize for any inconvenience this may cause if our site is not 100% accurate. Sometimes, we don’t even know about the changes until after we receive the order.

The Shipping Rates included are for the majority of items we sell. However, certain items MAY have higher shipping rates than posted based on total weight, size, insurance and destination and we reserve the right to alter the shipping cost as required.

PLEASE CONSULT A SALES REPRESENTATIVE FOR FURTHER DETAILS.

PRODUCT DESCRIPTION AND PICTURES

We strive to keep our site and product descriptions and pictures current, however, we cannot always achieve those goals. Therefore, we cannot be held accountable if the product description or details vary. We appreciate any comments to help bring us current or if the site needs a product update. Also, at times due to product availability from our supplier, we may be required to substitute the product from another supplier. As such, the product may differ in packaging from what is pictured.

AGAIN, contents are NOT included with any product shown unless otherwise indicated.