Last Updated: August 25, 2014
This Account Agreement governs your account and all purchases with 7584849 Canada Inc, the "ShopperPlus Family ", the owner and operator of 123Ink.ca, Primecables.ca, Living.ca (these websites, along with any new websites introduced, owned and operated by 7584849 Canada Inc, the "ShopperPlus Family ").
Customer’s general use of and visit to the Websites is governed by our Terms of Use, incorporated by reference herein and located on the bottom of the Websites. By creating an account on our Websites, you agree to the terms and conditions of the account agreement.
In this Agreement, "you" and "your" refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We," "us," "our," and "ShopperPlus Family " refer to 7584849 Canada Inc, its employees, members, representatives, officers, directors, agents, successors and assigns.
1. Changes to Account Agreement. We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the Websites, or send them to you via email or postal mail. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT BY SENDING AN EMAIL VIA OUR SUPPORT CENTER: Email-US.YOUR CONTINUED USE OF THE WEBSITE AND/OR ACCOUNT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
2. Privacy. Registration data and other information about you are subject to our Privacy Policy.
3. Prices/Fees and Payments. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. If you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately. For detail of payments, please check our SECURE PAYMENTS.
4. Order Changes/Cancellations. We suggest you to call us (toll free number 1-866-979-7463 Monday to Friday 9AM-8PM ET), or use our online chat system immediately to cancel any order; Emails are not the fastest way for cancelling or editing an order. Our toll free number is 1-866-979-7463. Since we want our customers to get their items as soon as possible, if the order is placed before noon (EST/EDT), they are usually processed on the same business day. It is the customer's responsibility to cover any shipping cost if any errors occur after shipping.
Once in process our warehouse you may not cancel or change your order.
If you have purchased the incorrect products, simply ask for a return authorization from our customer service team and, once the authorization confirmed, return the items to us to obtain a refund. (Shipping cost will be covered by the customer)
For all online orders, if you see any price drop on our website's product page, you can contact us within the 7 days following the purchase date and we will arrange a refund to your store credit for the difference.
Exceptions; clearance items & special coupon events.
Please check your order confirmation email. If the order information is incorrect or incomplete, customers are responsible to report it immediately to our customer service so that the order may be updated and changed accordingly. If the problem is not fixed in time and order is shipped out, customers will be responsible for the cost of resending the order.
5. Representation as to Capacity to Enter into Agreement. You represent that you have the required legal capacity and that you are of the required legal age (i.e., 18 years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
6. Order Confirmations, Statements, Notices and Other form of Communications. You understand that it is your responsibility to review, upon first receipt, whether delivered to you by email, by a posting on the Websites, or by all other electronic means, all order confirmations, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within 48 hours after any such document or information is sent to you or available on the Websites. In all cases, we reserve the right to determine the validity of your objection to the transaction. Such notices, information and other communications from us shall be deemed to be delivered and available to you whether actually received or not.
You agree that "ShopperPlus Family” fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Websites, or in the form of an available download from the Websites. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by us, you will promptly advise us in order to allow us to make the required delivery by other means. Failure to advise us of such difficulty within 48 hours after delivery shall serve as an affirmation that you were able to receive and open said document.
7. Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your "ShopperPlus Family” account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password.
You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify us in writing, delivered via email, if you become aware of any loss, theft or unauthorized use of your password and account information; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history.
If you fail to notify us immediately upon your knowledge when any of the above conditions occur, neither we or any of our officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall “ShopperPlus Family “or anyone involved in creating, producing, delivering or managing “ShopperPlus Family “'s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Websites, the services provided by “ShopperPlus Family “or out of any breach of any warranty by “ShopperPlus Family “. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, “ShopperPlus Family “'s liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, “SHOPPERPLUS FAMILY “DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The use and storage of any information, including, without limitation, the password, transaction activity, credit or reward balances and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Websites or related services, and for all communications service fees and charges incurred by you in accessing the Websites or related services.
8. Trademarks. "123Ink.ca", "Primecables.ca", "Living.ca" and other marks indicated on our site are trademarks or trade dress of “ShopperPlus Family “ in Canada. “ShopperPlus Family “'s trademarks and trade dress may not be used in connection with any product or service that is not “ShopperPlus Family “'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “ShopperPlus Family “ or its Websites. All other trademarks not owned by “ShopperPlus Family “ that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “ShopperPlus Family “.
9. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of “ShopperPlus Family “ or its content suppliers and protected by Canada and international copyright laws. The compilation of all content on this site is the exclusive property of “ShopperPlus Family “and protected by Canada and international copyright laws. All software used on this site is the property of “ShopperPlus Family “or its software suppliers and protected by Canada and international copyright laws.
10. Limitations, Restrictions and Termination of "123Ink.ca", "Primecables.ca", "Living.ca"Services. You are authorized to use products or materials which are sold or made available by “ShopperPlus Family “ for your own needs only, and you are not authorized to resell access to any such materials or to make copies of any such materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.
You understand that “ShopperPlus Family “ may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the Websites or related services or your ability to purchase products on the Websites. “ShopperPlus Family “may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with “ShopperPlus Family “at any time for any reason, subject to the conditions of Section 4 herein. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account are closed.
11. Delayed and lost parcels. All products purchased from “ShopperPlus Family“ are shipped using a third-party company. Therefore we are not hold responsible for any delays to an order. The time given on our websites is estimation only. If your parcel is delayed or lost, please visit our SHIPPING POLICY for further information.
12. Warranty on third party products. The merchandise sold on “ShopperPlus Family “ are all manufactured by third party companies. For some our products sold on our sites, we are not held responsible if the product does not function property and we recommend you to contact the manufacturer directly. For further information regarding our warranty, please visit our GUARANTEE PAGE.
13. Mispricing. Despite our best efforts, a small number of the items on our Websites may be mispriced. If we discover a mispricing, we will do one of the following:
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If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
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If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
14. Monitoring and Recording Telephone Conversations, Email and Chat. For your protection and for the protection of “ShopperPlus Family “, and as a tool to correct misunderstandings, you understand, agree and authorize “ShopperPlus Family “, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and “ShopperPlus Family “and any of “ShopperPlus Family “'s employees or agents and to monitor your electronic communications with “ShopperPlus Family “.
15. Extraordinary Events/Technical Difficulties. You specifically agree to hold “ShopperPlus Family “ harmless from any and all claims, and agree that “ShopperPlus Family “ shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft or any problem, technological or otherwise, that might prevent you from entering or “ShopperPlus Family “ from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact “ShopperPlus Family “immediately with any discrepancies.
16. The Laws of the Canadian Govern/Assignment. This Agreement and its enforcement shall be governed by the laws of Canada and shall cover individually and collectively all accounts you may open with “ShopperPlus Family “and shall be binding upon you and your successors (whether by merger, consolidation or otherwise), heirs, executors, administrators and assigns. This Agreement shall insure to the benefit of “ShopperPlus Family “and its successors, assigns and agents. “ ShopperPlus Family “may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice or to any other entity upon prior written notice to you.
17. Agreement to Arbitrate Controversies. Any dispute relating in any way to your visit to the Websites or to products you purchase through "123Ink.ca", "Primecables.ca", "Living.ca" by phone shall be submitted to confidential arbitration in Canada, except that, to the extent you have in any manner violated or threatened to violate “ShopperPlus Family “'s intellectual property rights, “ShopperPlus Family “ may seek injunctive or other appropriate relief in any provincial or federal court in Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
18. Waiver. Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of “ShopperPlus Family “.
19. Separability. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
20. Credit Rewards Programs. The "Credit Rewards" program is governed by the Terms and Conditions of The Credit Rewards. You understand and agree that by opening an account and shopping on the Websites, you will be enrolled in our credit rewards program with “ShopperPlus Family “.
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