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Terms and Conditions |
TERMS AND CONDITIONS The Supermarket23 website is operated by SUPERMARKET 23 CORP. The mailing address is RR # 6, 1197 Line 7 Road Niagara-on-the-Lake, Ontario Canada L0S 1J0. WEB SITE TERMS OF USE This Terms and Conditions ("TAC") sets forth the terms, conditions and guidelines for use of the Supermarket23 Website (the "Site") and the services offered on it. This TAC constitutes a legally binding contract between the user ("you" or "your"), on the one hand, and Supermarket23 and its affiliates, suppliers and providers, (collectively "we", "us" or "our"), on the other hand. Please read this TAC carefully before using the Site or activating an account with us. By using the Site or completing a purchase, you acknowledge that you have read this TAC, understand it and agree to be bound by its terms, conditions and guidelines, as we may amend from time to time by posting any revised TAC on the Site. THESE TERMS AND CONDITIONS MAY CHANGE Supermarket23 reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website PROPERTY AND TRADE MARKS Supermarket23 is property of SUPERMARKET 23 CORP a Canadian company. Other marks, graphics, typefaces, trade names and logos appearing on the Site are trademarks or trade dress of either SUPERMARKET 23 CORP or of their respective owners, and all rights are reserved. You may not make any use of any SUPERMARKET 23 CORP marks, or any other trademarks or trade dress appearing on our Site without our express written permission. COPYRIGHT NOTICE All of the Content you see and hear on the Supermarket23 website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Supermarket23, one of its affiliates or by third parties who have licensed their materials to Supermarket23. The entire Content of this website is copyrighted under Canadian copyright laws, and Supermarket23 owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of Site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Supermarket23 reserves complete title and full intellectual property rights in any Content you download from this website. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Supermarket23. CORRECTION OF ERROR AND INACCURANCIES; LIMITATIONS OF QUANTITY The information on Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site. We also reserve the right to limit quantities (including after you have submitted your order). CONTRIBUTED CONTENT You hereby assign to Supermarket23 all right, title and interest in and to any content (including without limitation any text, music, sound, photographs, video, images, illustrations, icons, graphics, and data) that you post on the Site or provide to us in connection with the Site (the "Contributed Content"). When submitting Contributed Content to us, you must not use a false name or email address or otherwise attempt to conceal the origin of your submission. You grant Supermarket23 the right to use, at its discretion, your name or other identifying information in connection with Contributed Content. You represent and warrant to and for the benefit of Supermarket23 that at the time of submission, (i) you own or otherwise control all rights in the Contributed Content; (ii) the Contributed Content is accurate; (iii) the Contributed Content does not violate any law or infringe any third party privacy or intellectual property rights; and (iv) the Contributed Content contains no material that is defamatory, obscene, vulgar, profane, harassing, or threatening. You agree to indemnify us for all claims arising from or related to Contributed Content. While we have no obligation to monitor Contributed Content, we expressly reserve the right to edit or to remove any Contributed Content we deem to be inappropriate for any reason. THIRD PARTY CONTENT We are a distributor (and not a publisher) of any content supplied by third parties and incorporated within the Content. We have no control over such third-party content, do not endorse it, and are not responsible for its completeness, accuracy or reliability. Any information, advice, opinions, or statements contained within such third-party content are attributable to the author of such content and not to Supermarket23. While we have no obligation to monitor third-party content, we expressly reserves the right to edit or remove any third-party content we deem to be inappropriate. PLACING AN ORDER ON SUPERMARKET23 We accept orders from anywhere in the world and deliver in North, Central, South America and Caribbean unless the contrary be specified on any product description. Our shipping and handling policies are set forth in greater detail here. The amount of shipping tax charged to an order will be calculated based on the shipment destination and products ordered. Our current payment procedures are described on our PAYMENT PROCEDURES Section. We reserve the right to change our payment procedures at any time by posting the new procedures on the Site. Because we begin processing your order almost immediately after you place it, we cannot change or cancel an order once you submit it. All product returns or order canceling are subject to the Supermarket23 RETURN POLICY. PRICES Supermarket23 is a web site property of SUPERMARKET 23 CORP a Canadian company; therefore, our products are sold and cashed in CAD. In some cases, we can publish prices in other currencies, just as a reference. Client credit card will be debited in accordance with in force exchange rate (at time when deduction is made) from Canadian Dollars to client credit card’s currency, applied by credit card issued bank. Prices do not include additional cost for transportation, package or any other financing costs. The distribution contains its own prices and Supermarket23 has the right to modify them in any moment without prior advice. PAYMENTS We accept VISA and MASTERCARD credit card payments. CLAIMS Any claim about the buying products, for quality problems or any other cause should be done through our email help@supermarket23.com. CREDIT /CHARGE BACK REQUESTED BY CLIENTS Any client can request a credit back on his purchase and Supermarket23 has the obligation to return the money. As an order can not be changed or canceled once you submit it, product returns or order canceling are subject to the Supermarket23 RETURN POLICY. If the request of the credit back is motivated by the interest of the client or by an error committed by the same person in buying or any other reason, not inherent to a breach, bad service or interest of Supermarket23, then 10 (ten) % will be deducted from the amount to return to client, in order to cover the operating costs, the refund of the money, as well as other banking expenses related. If the credit back is in response to bad service or breach of Supermarket23 or to a decision taken by the initiative of Supermarket23, the total order amount will be credited back, as Supermarket23 will absorb the costs mentioned in the previous paragraph. USER RESPONSABILITIES You agree that all billing and registration information you provide on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TAC. For certain activities you conduct on the Site, you will receive or have received an account name and a password. We retain ownership of your account and license it to you on a limited, nonexclusive basis for the duration of your account activation. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone except persons whom you have authorized to use your account, and you assume all resulting liability from use of the Site for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you know or suspect. WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE. SPECIAL OFFERS Any special offers related to Site, whether or not related to purchases on the Site, are subject to the particular terms and conditions (including time limitations) of such offers. PROMOTIONAL MESSAGES We may, from time to time, send email messages to you containing advertisements and/or promotions. PROHIBITED USES You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. INDENMITY You agree to indemnify and hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site or any related services, any Contributed Content, your violation of the TAC or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity. LIMITATION OF LIABILITY In no event will we, our affiliates, suppliers, service providers, or other third parties affiliated with us be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the Site or related services, the results of such services, or any information contained on the site or in such services, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not such party is advised of the possibility of such damages. DISCLAIMER OF WARRANTIES The Site and all related services are provided on an "as is" and "as available" basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Except for the express warranties explicitly provided herein, neither we nor our partners, providers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the site, the content, any information made available by or through the site, any goods or services purchased or obtained through the Site, or any transactions entered into by use of or through the Site. To the extent permitted by law, we and our partners, providers, and affiliates disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither we nor our partners, providers, or affiliates warrant that use of the Site or any related services will be uninterrupted, available at any time or from any location, secure or error-free, or free of viruses or other harmful components. Neither we nor our partners, providers or affiliates warrant that the Site or any related services will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our partners, providers, or affiliates make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, completeness, reliability or timeliness of any information available on or through the site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material and/or data. No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. VIOLATION OF TAC Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TAC may additionally incur criminal and/or civil liability. MODIFICATIONS Please note that we may change this TAC at any time by posting the modified TAC on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes. GENERAL The TAC shall be governed by and construed in accordance with the laws of Canada. If any provision(s) of the TAC is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These TAC constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party. ENFORCEMENT OF TERMS AND CONDITIONS BY ACCESSING AND USING THE Supermarket23 WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE CANADA. Contacting Company E-mail: help@supermarket23.com SUPERMARKET 23 CORP Adress: RR # 6, 1197 Line 7 Road Niagara-on-the-Lake, Ontario Canada L0S 1J0 Teléfonos Servicio de Atención a Clientes: España: (34) 911 876 521 / Canadá: (1) 305 260 6184 Fax: (1) 416 352 5698 |
