1. General Provisions, Recipients, Language of the Contract

1.1 These General Terms and Conditions apply to all offers, orders, purchase contracts and deliveries concluded through our online store or by any other means.

1.2 Our offer is addressed to both Consumers and Businesses. A Consumer means an individual who enters into the contract for purposes unrelated to their trade, business or profession, as defined in the Consumer Protection Act, 2002 (Ontario). A Business means any natural or legal person or association with legal capacity acting in the course of their trade, business or profession at the time the contract is concluded.

1.3 Any conflicting or supplementary general terms and conditions of the Customer do not form part of the contract, even if we do not expressly object to them in individual cases. This provision does not affect the application of mandatory provisions under Ontario and Canadian law.

1.4 The contract is concluded in English.

1. General Provisions, Recipients, Language of the Contract

(1) These General Terms and Conditions apply to all offers, orders, purchase contracts and deliveries concluded through our online store or by any other means.

(2) Our offer is addressed to both Consumers and Businesses.
A Consumer means an individual who enters into the contract for purposes unrelated to their trade, business or profession, as defined in the Consumer Protection Act, 2002 (Ontario).
A Business means any natural or legal person or association with legal capacity acting in the course of their trade, business or profession at the time the contract is concluded.

(3) Any conflicting or supplementary general terms and conditions of the Customer do not form part of the contract, even if we do not expressly object to them in individual cases. This provision does not affect the application of mandatory provisions under Ontario and Canadian law.

(4) The contract is concluded in English..

2. Formation of the Contract

(1) The offers presented in the online store are free and non-binding.

(2) The customer may select products and add them to the virtual cart. During the checkout process, after entering the required information and choosing the payment and shipping methods, the customer submits a binding purchase offer by clicking the order button.
Before submitting the order, the customer may review and amend their information at any time. The order can only be completed after acceptance of the Terms and Conditions and the Privacy Policy.

(3) After submitting the order, the customer automatically receives an acknowledgement of receipt by email. This acknowledgement does not yet constitute acceptance of the offer.
The contract is concluded only by an express declaration of acceptance, by dispatch of the goods, or by a request for payment; the earliest of these moments prevails.

3. Delivery and Availability of Goods

(1) Delivery times run from the moment of order confirmation, provided that the purchase price has been paid in advance. Unless otherwise stated, the delivery time is a maximum of 32 business days.

(2) If an item is definitively unavailable, the contract is not concluded.

(3) In the event of temporary unavailability, the customer is informed without delay.

(4) Additional costs beyond our control (e.g. bank charges, currency exchange costs, customs duties or import GST/HST) are borne by the customer. Goods are generally shipped not cleared and not taxed.

4. Prices and Payment Terms

(1) All prices are excluding shipping costs.

(2) Delivery is generally made only with advance payment. The accepted payment methods are indicated during the ordering process.

(3) The purchase price is due immediately after conclusion of the contract. In the event of late payment by the customer, we reserve the right to assert statutory default interest and further damages.

5. Shipping

Shipping is carried out by a postal service provider or a courier.
For consumers, the risk of shipping is borne by us. In the event of non-delivery attributable to the customer, a reasonable handling fee may be charged. In order to always offer the most up-to-date version of our products, shipments are partly made directly from our international logistics network.
Packaging and product labelling may therefore differ from the store name.
The customer of course always receives the ordered product in verified quality.

6. Legal Warranty

(1) The statutory warranty rights apply.

(2) An additional warranty exists only if expressly promised.

(3) Consumers are invited to report any obvious transport damage without delay. Failure to report does not prejudice statutory rights.

7. Liability

(1) Claims for damages are excluded to the extent permitted by law.
This does not affect damages arising from injury to life, body or health, nor damages caused by intent or gross negligence.

(2) In the case of slight negligence, liability exists only in the event of breach of essential contractual obligations and is limited to foreseeable damage.

(3) The limitations of liability also apply in favour of our legal representatives and agents.

8. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal for distance contracts under the Consumer Protection Act, 2002 (Ontario). Details are set out in the separate Right of Withdrawal Notice.

Privacy Policy

9. Processing of Personal Information

(1) Personal information means any information about an identified or identifiable individual, such as name, address, email address, payment details and order details.

Organization responsible for personal information

Address:
2709 Lakeshore Holding Inc.
Toronto, Ontario
Canada

Email:
[email protected]

(2) Personal information is processed exclusively for contract administration, delivery, invoicing and communication with customers.
Processing is consistent with Principle 4.3 (Consent) and Principle 4.2 (Identifying Purposes) of Schedule 1 to the Personal Information Protection and Electronic Documents Act (PIPEDA).

(3) Information is disclosed to third parties only to the extent necessary for performance of the contract (e.g. shipping or payment service providers).

(4) Appropriate technical and organizational security measures are taken to protect personal information, consistent with PIPEDA Principle 4.7 (Safeguards).

(5) Information is retained only for as long as necessary for the purposes pursued or for the retention periods provided by law, in accordance with PIPEDA Principle 4.5.

10. Rights of Data Subjects

Data subjects have the right to:

• Access

• Correction

• Deletion

• Restriction of processing

• Data portability

• Objection to processing

To exercise your rights, a simple email to the address above is sufficient.

11. Applicable Law and Jurisdiction

(1) The laws of the Province of Ontario and the federal laws of Canada applicable therein shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) For merchants and legal persons, the courts of Ontario, Canada, shall have jurisdiction. For consumers, the mandatory statutory provisions of their respective country of residence shall apply.