TERMS AND CONDITIONS OF SALE
- The following terms and conditions of sale and all statements on this website reflect the terms that shall govern all sales by Cansew Inc. (“Cansew“) to you (the “Buyer“) concerning sales (the “Agreement”).
- Prices are subject to change without notice. Cansew reserves the right to make price adjustments due to changing market conditions, costs, errors and other circumstances.
- Unless otherwise indicated in writing, all charges for handling, insurance, transportation and storage of any product shall be paid by the Buyer and are not reflected in the prices set out in the Agreement.
- Unless otherwise agreed in writing, any applicable tax, levy or duty resulting from the sale or delivery of the goods shall be payable by the Buyer and are not reflected in the prices of goods.
- Any unpaid balance shall bear interest at prevailing rates as determined by Cansew from time to time and such interest shall itself bear interest at the same rate. Interest shall initially accrue and be payable on any unpaid balance at the rate of twenty per cent (20%) per month.
- Cansew accepts credit card payments from Visa and MasterCard, as well as PayPal.
- Backordered items will remain on order and will be shipped at the first available opportunity. We may contact you if there is a significant delay.
TITLE AND DELIVERY
- Shipping charges will be added to all invoices.
- Claims for shortages or defects must be made within five (5) days after their arrival. After such time, the Buyer shall not be entitled to make any claim on account of shortages, defects or other cause. Claims for goods received damaged in transit must be made upon receipt, and the original packaging must be kept. Contact us immediately upon receipt of order.
- Cansew shall remain the sole and absolute owner of the goods sold pursuant to any Agreements until it is paid in full all amounts (including principal, interest and any applicable costs) owed by the Buyer in respect of any sale. Notwithstanding the foregoing, the risk of all loss or damages to the goods and the risk of loss, damage or injury caused by such goods pass to the Buyer, to Cansew’s full exoneration, upon delivery by Cansew to the carrier. Without restricting the generality of the foregoing, in case of any loss, damage, destruction or theft of any or part of the goods occurring after delivery to carrier , Cansew will not have the obligation to replace or repair any such lost, damaged, destroyed or stolen goods or part thereof but the Buyer shall remain responsible to pay to Cansew all amounts due. In the event the Buyer fails to pay in full for merchandise delivered, Cansew reserves the right to repossess the merchandise that has been delivered and to keep any payments made by Buyer to Cansew to pay for any damages incurred by Cansew, the whole without prejudice to Cansew’s other rights and recourses.
- Cansew will not be in any way responsible for any indemnity, penalty, damages or diminution of price nor will any sale be susceptible to modification, revision or cancellation because of any delay in the delivery of any goods.
- All sales are made without legal warranty and the buyer hereby waives and renounces to all warranties provided by law. The warranty obligations of Cansew are strictly limited to the repair (if possible) or replacement, at Cansew’s option, of any good (or part thereof), which as a result of Cansew’s negligence is defective or which does not in a material manner conform with the buyer’s order. In no event and under no circumstances shall the liability of Cansew exceed the unit price paid by the buyer for any defective goods or part thereof. Furthermore, in no event and under no circumstances shall Cansew be liable whether in contract, fault, tort or on any other basis for any damages whatsoever whether such damages are direct or indirect, foreseeable or unforeseeable, incidental or consequential, or any other type of damages and irrespective of whether based on loss of revenue, loss of production, loss of investment, interruption of business or any other loss of any character whatsoever. The present warranty does not cover (i) any faulty, negligent or improper manipulation or use of any product or part thereof or any manipulation or use which is not conformity with the intended and usual use of the product, (ii) normal wear and tear, and (iii) anything resulting form force majeure or fortuitous event including, without limitation, strike: fire, theft, storm and other cause beyond Cansew’s control.
- If shall be the Buyer’s sole and absolute responsibility to ensure that when using coloured threads or trimmings, the fastness of colour is suitable for purposes intended by the Buyer, as the value of thread or trimming is so small in proportion to the value of the material into which it is sewn that Cansew will not be responsible for any damages, including, without limitation, the damages and losses described in the immediately preceding paragraph.
- All returns are subject to a (25%) Restocking Charge. Only products purchased from Cansew Inc. may be returned. A Return Authorization (“RA“) is required to return any product and must be requested from our customer service. Any return without an RA will be refused. RA requests must be made within 5 days of product receipt. Returns received beyond 10 days after RA is issued will be sent back to the customer at their expense. A return label will be issued and the RA number must be clearly indicated on the package. No restocking charge will apply for returns due to our error. Restocking charges will be charged for all other returns. We will not accept returns on discontinued, clearance, or sale items. Special order products and non-stock items are not returnable. Goods that are returned to Cansew damaged are subject to additional charges. Cansew reserves the right to refuse any return.
- A restocking charge will apply to cancelled orders and refused shipments. The Buyer is responsible for all inbound and outbound shipping charges on refused shipments.
- Colours and images on our website are displayed as accurately as possible, but your display may be calibrated differently and may affect how they may appear to you. Cansew reserves the right to limit the quantities of any products. All descriptions of products or pricing are subject to change at any time without notice. Cansew reserves the right to discontinue any product at any time. Cansew reserves the right to refuse or cancel any orders at the incorrect price. In the even that a product is mistakenly listed at an incorrect price, Cansew reserves the right to refuse or cancel any orders at the incorrect price.
- Each of the parties hereto hereby acknowledges that (i) the present terms and conditions have been freely discussed and negotiated and such party has read and examined, understood and accepted the provisions hereof, and (ii) it recognizes that it has obtained all useful or necessary information in order to give free and knowledgeable consent hereto.
- All sales made Cansew to a Buyer shall be governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and the Buyer irrevocably submits to the non-exclusive jurisdiction of the courts of the Province of Ontario for any dispute arising under or relating to any sale.