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RETAILERS ADVANTAGE INC.
- GENERAL TERMS AND CONDITIONS OF SALE
We do not sell Goods to consumers. These Terms and Conditions shall only apply to retailers.
- 1. DEFINITIONS
1.1 In these conditions "the Company" means Retailers Advantage Inc. whose registered office is at Unit 150 - 2255B Queen Street East, Toronto ON, M4E 1G3, Canada and "the Customer" means the firm or company to whom this acknowledgement of order is addressed. Retailers Advantage Inc. only trade in a business to business capacity and will only sell to companies or individuals that are purchasing for legitimate business use. We reserve the right to verify your business status before confirming any orders.
1.2 Subject to clause 1.4 below, "the Product" means the Product, Equipment or Service, the subject of this order.
1.3 Where the contract is for the provision of services, the words "the Product" shall be read, where the context permits, as meaning the services which the Company has contracted to provide.
2. FORMATION OF THE CONTRACT
2.1 These conditions shall form the basis of the contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customers standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the company.
2.2 No servant or agent of the Company has the power to vary these conditions orally or to make representations or promises about the condition of the Product, its fitness for any purpose or any other matter whatsoever.
2.3 Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations to treat. The Customers order is an offer, which will be accepted by the Company delivering its acknowledgment of the order.
2.4 The construction, validity and performance of these conditions and this order shall be governed by Canadian Law.
2.5 These general conditions shall be subject to such further special conditions as may be prescribed in writing by the Company.
2.6 In the event of any conflict, or apparent conflict, between the special conditions and these general conditions, the special conditions shall prevail.
2.7 These conditions supercede all previous terms and conditions of sale issued by the company.
2.8 All notices to be served hereunder shall be served by first class pre-paid post or facsimile message at the registered office or principle trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
3.1 No cancellation or variation of the whole or any part of the order by the Customer is permitted except where agreed in writing by a person authorised to sign on behalf of the company.
3.2 The consent of the Company to cancellation or variation of the order shall not in any way prejudice the Company's right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation on an indemnity basis.
3.3 Where the Product is returned by the Customer without the Company's consent, it will not be accepted for credit.
4.1 Quoted prices are based on costs prevailing at the time when they are given or agreed and are exclusive of taxes.
4.2 Taxes will be added to all invoices at the rate applying at the appropriate tax point.
5.1 Unless the sale is for cash or via credit card, or other credit terms have been expressly agreed, all accounts are due for payment 30 days following the date upon which the Products are delivered. Warranty of Products is reduced to 90 days if payment is not received within 30 days unless expressly agreed in writing.
5.2 The company reserves the right to charge 8% per annum above the base rate from time to time in force of Bank Of Canada Base Rate on all overdue accounts.
5.3 The Customer shall not be entitled to withhold payment of any amount payable under this order by reason of any dispute or claim by the Customer.
5.4 The Customer shall not be entitled to set off against any amount payable under this order any amount due by the Company to the Customer under any other agreement.
6.1 Delivery will be deemed to have been effected when the Product has been received at the Customers premises.
6.2 Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through the late delivery or non-delivery and time of delivery shall not be of the essence.
6.3 Unless stated, the order price does not include the shipping cost. For online orders, this is typically calculated at the Checkout. Should Customers select to ship their own products, they will be contacted to obtain their shipping account information.
7. TITLE AND RISK
7.1 Risk in the Product shall pass to the Customer upon delivery to the Customer.
7.2 The ownership of the Product shall remain with the Company until the Customer has paid all liquidated sums owed by the Customer to the Company whether in respect of this order or otherwise.
7.3 The Customer shall not interfere with any identification marks or serial numbers of the Product.
7.4 The Company may at any time recover and re-sell Product in which title has not passed to the Customer until title has passed, the Company by its servants and agents shall be entitled to access the Customers premises or those to which the Customer has a right of access where the Product is located for the purpose of repossesion of the Productat any time.
7.5 Risk in the Productshall revert to the Company following completion of repossesion but not otherwise.
7.6 The customer shall indemnify the Company against any costs, expenses or losses incurred, or sustained by the Company in exercise of the Companys rights under this order.
7.7 If the Customer shall become bankrupt or insolvent, or have a receiving order or administration order made against him or compund with his creditors, or, being a corporation, commence to be wound up, not being a members voluntary winding up for the purpose of reconstruction or amalgamation, or carry on its business under an administrator or receiver for the benefit of its creditors or any of them. Or the Company has bona fide doubts as to the solvency of the Customer, all sums payable to the Company by the Customer in respect of the Product or otherwise shall become due and payable forthwith without requirements for any notice to be given and delivery or any outstanding installments of Product may be suspended.
8.1 Whilst the principle object of the Product is to sound an alarm when a security tag is taken through an alarmed exit, it is not possible to guarantee that the alarm will sound on all occassions when it should have been triggered. The secondary object of the Product, namely its deterrent effect, should not be overlooked.
8.2 The Product is supplied on the basis that it complies with technical specifications contained in printed documentation concerning the Product prepared by the Company or its manufacturer.
9. DEFECTS IN THE PRODUCT
9.1 In the event a defect in the Product is discovered by the Customer and reported to the Company in writing during the period of 12 months from the date of delivery of that Product, which defect was caused by faulty design or manufacture, the company will, as its options, either repair the Product at its own expense or replace the Product, subject in all cases to the return of the Product to the Company by the Customer, provided that the Company's terms of credit are honoured.
9.2 The Customer shall at all times use cause the Product to be used in accordance with the Companys and manufactures instructions for use.
9.3 Save as set out in sub clause 9.1 or compulsorily implied into this order by statute, the Companys liability in respect of any claim for direct loss arising from any proven shortcoming in the Product will be limited to the value of the Product concerned.
9.4 The company shall not be liable for any consequential or indirect loss suffered by the Customer in relation to the Product including but not limited to 9.4.1 damage caused by attaching or removing security tags and 9.4.2 losses sustained in relation to stock loss, wether due to the alarm not sounding or otherwise.
9.5 The company reserves the right to charge the Companys standard rate from time to time for any service call made by the Company where 9.5.1 the Product proves not to be defective in any way or 9.5.2 the defect in the Product was caused wholly or largely by the Customers failure to maintain the Product in accordance with the procedure set out in the operating manual.
10. DETACHER DEVICE
10.1 The customer shall ensure that the detacher device is kept in a secure place at all times and shall adopt such procedures as may be appropriate to minimise the risk of theft of same.
At Retailers Advantage we are committed to protecting your privacy. We use the information we collect about you to process orders and send you occasional new product releases. When you order, we need to know your name, e-mail address, mailing address, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status.
We may also use the information we collect to occasionally notify you of new product releases that we think you'll find valuable. If you would rather not receive this information, you can opt out by sending an email to info...@retailersadvantage.com with 'Unsubscribe' in the subject line, or via our contact us form. Be sure to enter the email you wish to unsubscribe with and enter 'Unsubscribe' into the comments section. We will then ensure that the email you provide is removed from our lists.
How does Retailers Advantage protect customer information?
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. We never store credit card information on our system.
2. WHAT ABOUT COOKIES AND TRACKING?
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide features such as the use of a shopping cart for purchasing our products. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Without cookies turned on, you may not be able to buy product on our site, but you can always call us at 1-800-247-1952.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties, but will never include any of your personal information.
3. DISTRIBUTION OF INFORMATION
Retailers Advantage does not sell, trade, or rent your personal information to others. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
3. COMMITMENT TO DATA SECURITY
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
4. PRIVACY CONTACT INFORMATION
By e-mail: Click here
By Phone: 416.699.2566 or toll-free 1-800-247-1952
We reserve the right to make changes to this policy at any time and without warning. Any changes to this policy will be posted on this page.