Terms & Conditions

Below you can read our General Terms & Conditions - the legal aspects of how you can use our website, and what terms and conditions apply when you do. For answers to all general questions about our products, your order, delivery, payment, returns, guarantee etc.

Our General Terms & Conditions were most recently updated on January 17th, 2009. They will change over time, so please check this page periodically as you continue to use our online shop to see if any changes have been made.
 

General Terms & Conditions

These are the General Terms & Conditions for all offerings on the domain cdmsales-services.com -
  CDM Sales & Services.
  18 Aida Court
  Bolton, Ontario, L7E 2G8, Canada
  Phone (+1) 416-676-8003
  Email dm@cdmsales-services.com
- (herein referred to as "cdmsales-services.com", "we", "website"), updated on January 17th, 2009.

1. VALIDITY & ACCEPTANCE

These General Terms & Conditions apply for the business relationship between cdmsales-services.com and its customers. "Consumers" in these General Terms & Conditions are natural persons, with whom a business relationship is formed, who do not carry out a commercial, self-employed or freelance occupation. "Dealers" in these General Terms & Conditions are natural persons or corporate bodies or legally responsible business partnerships, with whom a business relationship is formed, who carry out a commercial, self-employed or freelance occupation. "Customers" or "you" in these General Terms & Conditions are both consumers and dealers.
These General Terms & Conditions are in addition to any other agreement you may have with cdmsales-services.com, including a transaction agreement. All regulations - varying, supplementary, or contradictory - that are not included in these General Terms & Conditions are not an integral part of the contract unless their validity is explicitally agreed in writing.
Every time you use the our website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these General Terms & Conditions, and you warrant that you have the legal authority to agree to and accept these General Terms & Conditions on behalf of yourself and any person you purport to represent. If you do not agree with any provision of these General Terms & Conditions, or you are not authorized to agree to and accept these General Terms & Conditions on behalf of the person you purport to represent, you may not access or use our website.
You may place an order on our website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. It is solely your responsibility to determine whether browsing and ordering on our website is lawful for you, and you must comply with all applicable laws.
We rely on the information you provide, including personal details (name, address, email address, credit card details etc.) and transaction-related information, to be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update this information when necessary.

2. CONTRACT

The product descriptions and prices presented in the domain cdmsales-services.com do not represent an offer to sell goods. Instead, they are an advertisement to receive offers. By clicking on the link marked 'proceed to secure checkout' the customer initializes the order process. After entering the necessary information for cdmsales-services.com to process the contract, and after selection of payment and delivery method, the customer places a binding offer ("order") by clicking on the link marked 'SUBMIT your online order now'.
We do not have to explicitally accept the order, but are entitled to declare our acceptance by allocating and/or delivering the goods; by sending an acceptance email; or by announcing the delivery within seven days after receipt of the order. Declaring our acceptance of your order forms a legally binding contract. Directly after submitting the order you will receive an automatically generated email confiming the receipt of the order on the cdmsales-services.com server - this email does not represent the acceptance of the order.

3. PRICES AND PAYMENT

By default all prices are in Canadian dollars, however there is an option in the shop to display the prices in US dollars. The currency is displayed next to every price, either in text form ('CDN $' or 'US $') or with an image of the Canadian or US flag. The prices shown on the product pages do not include tax or delivery costs - these will be added and shown during the checkout process, after selecting the payment and delivery method. Before clicking on the 'SUBMIT your online order now' link, you will be shown the total cost for the order, including tax and delivery costs. No additional charges will be made. The purchase price as well as tax and delivery costs is payable when the contract is created and when billing occurs. As product availability and prices are subject to change, your order may not be accepted or we may have to contact you regarding price changes or availability issues after you place your order. In the case of price or availability changes we will wait for your confirmation on how we should proceed before processing the order. Depending on the order value and payment method we may require additional verifications or information before accepting any order, in accordance with our credit and fraud avoidance policies.
If you select the 'Credit or Debit Card' payment method then we will not charge your card until your order is shipped, however we may attempt to get an authorization on your card for the amount of your order any time after your order is placed. This authorization is not a charge but still may utilize a portion of your credit limit or available funds, making this amount unavailable for other use. In the unlikely event that your order is delayed or cancelled the authorization will expire and your credit limit or available funds will again become available for use. The amount of time it takes for an authorization to expire depends on the policies of the bank that issued your card, and usually ranges from one day up to one week.
If you choose to show the prices in US$ and select Credit or Debit Card payment, then your card will be charged with the CDN$ equivalent at the time that your order is processed, using the exchange rate provided to us by our bank.

4. DELIVERY COSTS, OUT-OF-STOCK ITEMS, AND BACK-ORDERS

We calculate shipping and handling charges based on the actual weight of your order and the chosen delivery method. These delivery costs will be applied to all orders placed with us, unless you choose to supply us with your own logistics company / carrier account number. We charge the delivery costs only once per delivery - this means that if you order multiple products the delivery costs will still only be charged once, provided that all products are delivered together. If you order multiple products, some of which are in stock and some of which are not, you will be asked during the checkout process whether we should wait until all products are in stock and send the complete order in one delivery, or make multiple deliveries as soon as individual items are in stock. If we make multiple deliveries then delivery costs will be charged once per delivery, based on the actual weight and delivery method of that delivery.

5. DELIVERY

We will hand over the ordered goods, within three workdays after acceptance of the order, to a logistics company for delivery to the delivery address given in the order. Statements about the estimated time for delivery are non-binding, provided that we have not explicitly guaranteed a fixed delivery date in an individual case, since we have no control of the postal delivery process.
If a delivery is returned to us through no fault of our own - for example if you supply a wrong or incomplete address or are not able to receive the package - then we will resend the delivery, additional delivery charges will however be made for both the return delivery and the new delivery.

6. RISK OF LOSS

During the checkout process we offer two basic delivery methods - one is Canada Post's letter service, and the other is Canada Post's parcel service. The letter service is available for small orders within specific weight and size restrictions, and is considerably cheaper than the parcel service (the actual prices will be displayed during the checkout process, based on actual weight and size). The letter service provides no proof of delivery and no tracking, however, so we are unable to offer any cover for the risk of loss and damage for these deliveries. That means that the risk of loss or damage during shipment passes from us to you upon shipment from our warehouse - so when you select Canada Post's letter service, you do so at your own risk. The same applies if you should provide us with your carrier account number, or if you choose a carrier other than one that we regularly use - in this case the risk of loss or damage during shipment also passes from us to you upon shipment from our warehouse. For all other shipments - including all deliveries made by Canada Post's parcel service - the risk of loss or damage during shipment passes from us to you once you receive the delivery.

7. CANCELLATION AND RETURN POLICY

If for any reason you are not completely satisfied with a product you have purchased, you can cancel the contract and we will gladly give you a refund or exchange the product. You can cancel the contract without having to give a reason within 30 days, in writing (for example letter, fax, email) or alternatively by returning the goods. You must send the return within the 30 day deadline, which begins on the day that you receive the goods. All products returned must be in new condition, in the original packaging, and include all packing materials and other accessories. We reserve the right to refuse for return or to charge a restocking fee for any damaged or incomplete products. You can find our address for the return and our full contact details on the Contact Us / Company Information page.
Upon receipt of the returned goods we will credit you with the full value of the products returned - if applicable minus charges for incomplete or damaged goods. Delivery costs are non-refundable; however, we will refund your original shipping cost if you are returning a product because of an error on our part, or if we determine that the returned product is defective. You can choose to receive a store credit note - for future purchases from cdmsales-services.com - or a refund to your credit/debit card, a return payment to your PayPal account, or a return payment by bank transfer to your bank account. A credit or debit card refund is only possible up to the total amount of the initial charge - higher-value credit/debit card refunds, for example to include return postage, are not possible. If you paid by PayPal then you must choose one of the options of cdmsales-services.com store credit or PayPal account refund.
This cancellation and return policy applies only to consumers, not to dealers, and does not apply for any goods that have been made to order in accordance with the customers specifications or that are clearly custom-designed; or any goods that are of the kind that are not suitable for returning, for example products that can quickly go bad or deteriorate, or that are past their expiration date.

8. GUARANTEE / WARRANTY AGAINST DEFECTS

All products offered are new, unless clearly stated otherwise in the product description. Every original product you buy from cdmsales-services.com (marked 'ORIGINAL', 'GENUINE' or 'OEM' in the product description) is backed first by the product manufacturer's warranty. In addition to this cdmsales-services.com offers a one year warranty against defects for all products sold, beginning on the day that you receive the goods. cdmsales-services.com's one year limited warranty is a defective exchange policy, that provides for either repair or replacement - at our sole discretion - of products that have been confirmed as defective by either the manufacturer or by cdmsales-services.com.

9. RESERVATION OF PROPRIETARY RIGHTS

The goods delivered remain the property of cdmsales-services.com until the purchase price - including tax, delivery costs, and any other additional costs - is paid in full.

10. TYPOGRAPHICAL ERRORS

We are not responsible for any typographical, technical, or descriptive errors. In the event that a product is listed at an incorrect price or with incorrect information due to typographical errors or errors in pricing or product information, we shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price or with incorrect information, regardless whether or not we have confirmed the order and/or received your payment. If payment has been made and your order is canceled, we will immediately credit you with the amount of the payment by the same method that the payment was made.

11. TRADEMARKS, REFERENCES TO OTHER COMPANIES & EXTERNAL LINKS

All trademarks, registered trademarks, copyrights, logos and images are the property of their respective owners. All product manufacturers named on the cdmsales-services.com website are displayed to provide cross-reference and do not imply any connections to their intended companies.
Our website and any documents that we issue (order confirmation, invoice etc.) may contain links to other websites or Internet resources which are provided solely for your convenience and information. When you follow any on one of these links you are contacting another website or Internet resource ("external link"). We have no responsibility or liability for, or control over, these external links, their content, or their collection, use and disclosure of your personal information. We encourage you to read the terms, conditions and privacy policies of these external links to learn how they collect and use your personal information.

12. CONTESTS

From time to time we may make contests available to users of our website. All contests are governed by these General Terms & Conditions and the applicable contest rules. By participating in a contest through the website, you signify your agreement and acceptance of these General Terms & Conditions and the applicable contest rules.

13. PRIVACY POLICY

cdmsales-services.com collects, uses and discloses personal information in accordance with its Privacy Policy, which is available online. By accepting these General Terms & Conditions, and each time you use the website, you consent to the collection, use and disclosure of your personal information by cdmsales-services.com in accordance with our Privacy Policy.

14. LIMITATION OF LIABILITY

cdmsales-services.com rules out the liability for all indirect, special, incidental, consequential, punitive or exemplary loss or damage - for itself and any of its subsidiaries or affiliates - connected with or relating to the website or our General Terms & Conditions including, but not limited to, loss of data, use, business, markets, profits, income, savings, reputation or goodwill, anticipated or otherwise, under any theory of liability, regardless of any negligence or other fault or wrongdoing by cdmsales-services.com or any of its subsidiaries or affiliates.
Some localities do not allow the exclusion or limitation of some types of damages, so it is possible that this limitation or exclusion may not apply to you.

15. DISCLAIMERS

Your access to and use of our website is at your own risk. The website is provided on an 'as is' and 'as available' basis, without any representations, warranties or conditions of any kind, whether express or implied, including but not limited to the accuracy, accessibility, availibility and performance, all of which we disclaim to the fullest extent permitted by law.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These General Terms & Conditions, the customers access to and use of the domain cdmsales-services.com, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada. Any dispute between the customer and cdmsales-services.com or any other person arising from, connected with or relating to the domain cdmsales-services.com, these General Terms & Conditions, or any related matters ("Disputes") will be resolved before the Courts of Ontario in the City of Caledon, and the customer hereby irrevocably submits and attorns to the original and exclusive jurisdiction of those courts in respect of all Disputes.

17. OTHER MATTERS

If any provision of these General Terms & Conditions is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these General Terms & Conditions and the remaining provisions will continue in full force and effect.