GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE ADVICE FROM A CATERPILLAR, LTD. (“AC”) WEBSITE
Please read the following General Terms and Conditions of Use and the Terms and Conditions of Sale of this AC website ("Website") carefully (this "Agreement"). You are welcome to print the complete and unabridged text of this Agreement.
Orders may only be placed on this Website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of AC products purchased on this Website is strictly prohibited.
AC may amend this Agreement at any time immediately upon revision hereof and posting same as revised. You are solely responsible for reading this Agreement each time you visit and use this Website, and your continued use of this Website after any such amendment shall be deemed to express your unqualified agreement with this Agreement as then amended.
General Terms and Conditions of Use of ac website
This Website is owned and operated by AC. AC's principal place of business is located at the following address: 8 Price Street, Toronto, Ontario, M4W 1Z4.
You agree and consent to AC sending you information, by any media and at any address of yours that you have provided to AC, concerning any AC product promotion, advertisements, marketing information or other customer related materials. All communication to you by email will include an option for you to cancel, unsubscribe and withdraw your consent at any time.
Security and Personal Data
This Website is only intended for adults, and is not intended for children.
All material on this Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are deemed to be the exclusive property of AC. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on this Website.
Any AC trademark, and all other AC related marks and logos, whether or not registered, displayed on this Website, as well as the domain name "Advice From A Caterpillar.ca," are and will remain the exclusive property of AC. Any reproduction, distribution, transmission, modification or AC and/or use of these trademarks for any purpose without prior, express written agreement is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on this Website or any content contained therein. You may make a single copy of web pages published on this Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
Privacy and Accuracy
The internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be assured. AC shall not be liable or responsible for any interception of, access to, or fraudulent interference with, any communication or information you may send to this Website, whether credit card information, personal information, or otherwise, while in transit. The nature of internet communications means that your communications may be susceptible to data corruption, interception and delays. This Website may include inaccuracies or typographical errors. AC and any other persons involved in the management of this Website may make changes in the products and prices described in this Website, and to the content of this Website, at any time without notice. AC shall not be responsible for any detrimental reliance you place on this Website or its contents. Use of this Website is on an "as is" basis and is entirely at your own risk.
This Website may contain links to third party websites not under the operation or control of AC. Other websites that may be accessed from this Website by hypertext links are entirely independent of this Website and shall NOT, in any manner, be construed as any reflection on, any affiliation with, or endorsement of, any such site or entity, or its respective products or services. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to this Website if expressly authorized in writing by AC.
Limitation of Liability
IN CONNECTION WITH YOUR VIEWING AND USE OF THIS WEBSITE, EXCEPT FOR ANY COMMERCIAL TRANSACTIONS THAT MAY BE UNDERTAKEN IN CONNECTION WITH THIS WEBSITE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AC SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, HARM, LIABILITY, LOSS, COST, EXPENSE, OR INJURY SUFFERED IN ANY CONNECTION WITH THIS WEBSITE WHATSOEVER, INCLUDING AS A RESULT OF USING, ACCESSING, COPYING, OR DOWNLOADING ANY PART OF THIS WEBSITE'S CONTENT. IN NO EVENT SHALL AC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT, OR IN TORT, NEGLIGENCE, EQUITY, OR OTHERWISE EVEN IF AC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST AC FOR LOST DATA, RE-RUN TIME, DATA CORRUPTION, BREACH OF SECURITY COMMUNICATION INTERCEPTION, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM ANY USE OF THIS WEBSITE.
AC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY VISIT, USE OR DETRIMENTAL RELIANCE THAT YOU MAY PLACE ON THIS WEBSITE.
You agree and accept that AC denies, and is excluded from, any harm, loss, damages or other liability associated with any unauthorized third party conduct concerning this Website, including any cyber attack, Website availability (denial of service attack), or hacking of this Website, regardless of whether or not same arises where any personal information/credit card information may be accessed, sabotaged, viewed, copied, stolen, transmitted out or otherwise interfered with.
Disclaimer of Warranty
You accept and agree that AC does not guarantee or represent that:
- this Website is free from malware, unauthorized code, viruses, worms, trojan horses or other destructive material;
- the information contained on this Website is accurate, complete or up to date.
This Website may contain technical defects; AC does not agree or guarantee that any such defects will be corrected.
YOU AGREE AND ACCEPT THAT THE CONTENTS OF THIS WEBSITE AND ALL GOODS THAT MAY BE PROVIDED IN ANY CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS” AND ARE FOR YOUR END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, AC MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTIES AS TO THE SECURITY, CONFIDENTIALITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THIS WEBSITE OR ANY OF THE CONTENTS OF THIS WEBSITE, OR ANY GOODS THAT MAY BE PROVIDED OR SOLD IN ANY CONNECTION WITH THIS WEBSITE.
This Website, and this Agreement, is provided in English only.
Law - Disputes
This Agreement shall be exclusively governed by and construed in accordance with the laws of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to principles of conflicts of laws. You agree and confirm that all transactions, activities, undertakings by you and AC, and your use of this website, are deemed to have exclusively occurred, and taken place, within the Province of Ontario, Canada. This Agreement shall be interpreted only in accordance with the English language before an Ontario court of competent jurisdiction. In the event of a dispute, the Superior Courts of Ontario and all courts of appeal therefrom shall have non-exclusive jurisdiction to consider and determine all disputes, litigation, and claims, both at law and in equity that may arise in connection with this Agreement. You hereby irrevocably attorn to and accept the exclusive jurisdiction and venue of such Ontario courts for such purposes and waive any right which you may have to transfer or change the venue of any suit, action, or proceeding.
AC PRODUCT PURCHASE TERMS & CONDITIONS
Purchase - Terms of ordering
This Website may be used to order a selection of products from AC. For each order on this Website, your acceptance of this Agreement in force at the date of the order will be requested. Only persons with legal capacity, including persons over the age of 19, may purchase goods from AC through this Website. You represent, warrant and agree that you have such legal capacity, that you are not a minor, and that you acknowledge AC's material reliance on such representation and warranty.
To ensure a best quality service and product availability, quantities are subject to availability and at the discretion of AC.
For any exceptional order, please contact AC's customer service by phone or by email via our contact us page.
Purchase - Availability
Our offers of products and prices are valid only as they are presented on this Website, and subject to availability. From time to time, errors or amendments on this Website may exist, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and we will propose to you to either order another item shown on this Website in substitution or to cancel your order.
AC is not liable in case of stock outage or unavailability of products.
AC reserves the right to change at any time and without any previous notice the items proposed on the AC website.
From time to time, some AC products may be offered for sale only through this Website and any permitted returns or exchanges may not be made by you at the AC store and therefore exchanges may take longer than otherwise indicated for other products.
For every order you make on this Website, you must provide complete and accurate information that is required. The information requested shall include: surname, first name, phone number, e-mail address, delivery and invoicing address.
Not all orders may be accepted, and AC reserves the right, in its absolute discretion, to decline or refuse any orders. AC, reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if AC has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.
At your own risk, you agree to secure and protect your login information confidential and never communicate it to third parties. Accordingly, you agree that any purchase made using your login information shall be deemed to be done by you as the owner of the login information. If your password is lost, stolen or used fraudulently, you must inform AC immediately.
The data registered by this Website records and maintains a record of all transactions operated between AC and its customers. You agree and confirm that, in case of dispute between AC and one of its customers about a transaction made on this Website, all information, transaction data, records, and your activities on this Website that is captured, recorded, stored and maintained by AC shall constitute accurate, complete and reliable records and admissible legal evidence of all such activities, information, transactions and related content.
Purchase - Price Payment
The prices of AC products are indicated in Canadian currency, excluding duties, taxes and shipping costs (see "Shipping and Returns").
AC reserves the right to modify the prices of products offered on this Website at any time by posting same as this Website and without prior notice to you. You will be charged the prices displayed on this Website at the time your order is placed provided the goods ordered were available at this time.
You are required to pay for any order placed on this Website immediately when you place your order. We only accept payment by charge card or credit card. Gift cards issued by the AC store can also be used to purchase items offered on this Website.
We accept the following charge cards and credit cards: MasterCard®, Visa®, American Express® and Discover. Your order will only be processed and accepted once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will only be debited when your order is processed and shipped. If any of the products in your order are unavailable, we will only charge you the prices, taxes, duties and shipping costs for the goods purchased.
Purchase - Reservation of title
All ordered products shall remain the property of AC until payment is received by AC and delivery has been made to you.
Goods purchased via this Website may be delivered worldwide, with some exceptions (e.g. if an item is too large or fragile). If you have any concerns about your delivery, please contact us via the form on our Contact Us page.
All international orders from outside Canada and the continental USA will be shipped with DHL only. This will be the only shipping option available at the checkout.
AC will not process any order for which a post office box is provided. Goods will be shipped to the delivery address specified on your order.
Delivery costs depend on the value, dimensional weight and size of your order and the delivery service you select. We will inform you of the shipping costs for each shipping method in the order summary displayed on this Website before you confirm your order.
You will be asked to select the shipment method you would prefer as part of the order procedure. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
Please Note: Any and all duties will be your responsibility and will be determined by the customs department in accordance with the laws of your region.
Shipping and handling charges are subject to the 13% Harmonized Sales Tax (HST) when shipped within Ontario or to other HST participating provinces in Canada (British Columbia, New Brunswick, Newfoundland and Nova Scotia). Shipping and handling charges to all other Canadian provinces and territories are subject to 5% Goods and Services Tax (GST) only. International orders and those placed from within the USA are exempt from all HST and GST payments on shipping and handling charges, but may be subject to pay customs and duties as determined by the customs department in accordance with the laws of your region.
Time required for delivery - shipping
Online orders are prepared for shipping by our warehouse team Monday to Friday from 10am-5pm. Please allow 48 hours for processing of online orders placed during weekday business hours.
Any orders placed over the weekend are outside of our warehouse work hours, and will be processed within two business days. This 48 hour time frame applies only to our internal order processing, and does not account for shipping time and any delays caused by the shipping carrier.
Total delivery time will depend on the shipping method chosen. Upon completion of online orders by our internal team, you will be notified via email of your order status and tracking information.
Time required for delivery - pick up in store
Orders for Pick Up In Store are prepared for collection Monday to Friday from 10am-5pm. Please allow 48 hours for processing of Pick Up In Store orders placed on a weekday. Any orders placed over the weekend are outside of our working hours, and will be processed within two business days.
When your order is ready for pick up, you will be notified via email that it is available for collection. All orders will be available for pick up at 41 Hazelton Avenue, Toronto. Identification and signature is required at pick up to release the goods.
Delivery Delays and Damages
Please note that once your order has left our premises, we have no control over the delivery speed. If your package is delayed, first consult the shipping carrier using the tracking number of your package. Most often the shipping carrier will supply the most up to date status information.
You must report any failure to deliver or late delivery exceeding fourteen (14) business days to our customer service team as soon as possible. In order for your claim to be accepted, do not notify us of non-delivery more than a maximum of thirty (30) calendar days from the date you were provided with the confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g. open package, damaged goods, etc.) and notify us via email. If any products are damaged, take photographs of the damaged area and include them in your correspondence with us. Further information regarding returns or refunds will be supplied by our customer service team.
If the goods do not conform to your order or you are not satisfied with them, you may exchange them or return them for a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds".
AC shall not be responsible or liable for any delivery or return delays, interruptions, sabotage, interference or failures that are caused (whether directly or indirectly) by any cause, event, or circumstance that is outside of AC's influence or control, such as (without limitation) any labour unrest (strikes, lock-outs or otherwise), civil unrest, third party criminal conduct, pandemic, terrorism, natural disasters, extreme weather, or accidents.
Returns - Exchanges - Refunds
You are entitled to return any product ordered via this Website within the thirty (30) calendar days following the date of delivery, subject to the following terms and conditions (regardless of whether or not the order was purchased by you or sent as a gift from another person).
You are responsible for the shipping fees to return an item as well as all duties and taxes associated with the shipment. All sale items are final sale and cannot be returned or exchanged under any circumstances. We reserve the right to refuse any returns that do not meet these standards.
Returns must be sent back in their original condition and packaging, following the issue of a Return Authorization by AC. You must enclose the original receipt, gift receipt or packing slip with your returns, or a copy if you are returning part of your order.
For items received as a gift obtained from this Website, you are only entitled to a merchandise exchange (see below) and not a purchase price refund.
In case of a product exchange:
- if the amount of the product(s) selected in replacement is greater than the amount of the product(s) returned, you will have to pay the price difference in accordance with this Agreement;
- if the amount of the product(s) selected in replacement is less than the amount of the product(s) returned, the price difference will be issued on a gift card.
If you exchange goods, the shipping costs for the original delivery will not be refunded and you will be responsible for all shipping costs to return the original item(s) to us. AC will cover shipping costs of the second delivery. Shipment of exchanged goods will only be processed once the original item(s) eligible for return have been received by AC in their original condition and packaging.
If you ask for a purchase price refund, AC will use commercially reasonable efforts to ensure that any refund will be made within five (5) business days of receipt of the goods, by crediting your charge or credit card. Refunds will never be issued before goods have been received by AC.
AC has sole and absolute discretion in determining whether the products are in original condition upon receipt of goods returned.
AC will not be responsible or liable if any item that you have purchased on this Website and that you have attempted to return to AC is lost, misdirected or delivered late.
You represent and covenant that you are accessing this Website, and engaging in any associated transactions, within Canada and the continental USA and not from any other jurisdiction, territory or nation whatsoever. AC reserves the right to prosecute all misrepresentations, willful injury, fraud, malicious conduct, and any criminal conduct that you may engage in any connection with this Website.