GiftGuru.ca – Terms and Conditions
General
This website at www.giftguru.ca (Site) is a promotional website where you can browse and learn about products offered for sale by GiftGuru.ca (Seller, us or we).
Please read these terms and conditions before using our Site.
Your access to and use of the Site is subject to these terms and conditions.
The terms and conditions also apply to the sale of any Products via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.
Disclaimer
The information contained in this Site is provided in good faith on an “as is” basis. The Seller does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site.
To the extent permitted by law, Seller is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
Intellectual Property
You:
acknowledge that the copyright contained on the Site, the design, functionality, graphics and text found on the Site, the product selection, curation and layout of the Site, as well as other content and materials on the Site (together, the Material) are owned by or licensed to us;
must not modify, copy, adapt, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public Site Material without prior written consent
You may:
store reproduced content from this Site on your local computer for the exclusive purpose of viewing the content and Materials; and
print copies of the content and Materials for the exclusive purpose of viewing and purchasing Products.
This Site, the Products and Materials or documents owned or used by the Seller in connection with the sale of the Products and promotion of its business contains registered trademarks which are protected by law as well as other branding, images, content which constitute the sole intellectual property of the Seller. You may not use any copywrite Material or trademarks found on the Site, our trade name or name of our related corporate entities, or any of the Seller’s sole intellectual property without prior written consent.
Viruses
Seller does not claim that information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
You are responsible for scanning any downloaded information for viruses.
You agree that Seller has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
If Seller is found to be liable this will be limited to the cost of resupplying the originally requested information.
Compliance with these Terms and Conditions
You agree to, and agree to comply with, these terms and conditions by:
using the Site;
obtaining or ordering Products from us using the Site or by any other method of sale.
Changes to these Terms and Conditions
If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing use of the Site after terms and conditions have been modified, you agree to be bound by the changes to said terms and conditions.
Placing a Product Order
You may order Products by submitting your order in accordance with these terms and conditions.
Unless otherwise expressly agreed in writing, any order placed for a Product is a guarantee by you to purchase that particular Product(s) for the price quoted(including delivery and any other applicable charges and taxes) at the time you place the order.
By placing an order, you accept, acknowledge and agree to abide by these terms and conditions.
Unless otherwise expressly agreed in writing, the Seller must receive payment in full for the Products at the time you place your order. Once payment had been made, we will send an email order confirmation and finalize arrangements for delivery of your Product.
You may be asked to provide additional details, or, we may require you to confirm details or other information in order to process any orders placed through the Site.
In order to successfully complete your order, you agree to provide current, complete and accurate information as required by the Seller.
Acceptance or Rejection of an Order
Any form of order confirmation, electronic or otherwise, provided to you by us, does not signify our acceptance of your order.
We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Products are not available, any error in price or product description posted on the Site, or in your order. If a substitute Product can be provided in the case of product unavailability, we will notify you, and require acceptance of said substitutions in writing before any changes can be made to your order.
Any order placed for Products through the Site or any other means that we accept, will result in a separate binding agreement between you and the Seller for the supply of the ordered Products. For each order accepted by us, we will supply the Products in that order in accordance with these terms and conditions.
If your order is rejected, we will attempt to notify you at the time you place the order or within a reasonable time subsequent to you placing your order.
Order Cancellation (by GiftGuru.ca)
Prior to the assembly and delivery of your order, we may cancel all or part of your order (including orders that we may have already accepted) without any liability to you if:
the requested Products are not available; or
there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Product in that order;
we find that the postage price quoted does not match the applicable price for the required delivery address; or;
that order has been placed in contravention of these terms and conditions.
If the Seller does cancel your order, then we will make efforts to provide you with reasonable notice of that cancellation, and, the Seller will not charge for the cancelled order if that order is cancelled before the delivery date, or if you are found by the Seller to be not at fault or in breach of these terms and conditions.
Cancelling an Order (by Purchaser)
Orders may not be cancelled once submitted via this Site or via any other method of sale. Should you wish to adjust any information, your delivery address or contact details prior to your order being dispatched, please Contact Us and we will endeavor to assist you.
Delivery of Products
Please refer to the Shipping section of this Site for information on available delivery methods, times and costs.
Charges, Pricing and Fees
Prices posted or quoted for Products, delivery or any other charges displayed on this Site are meant to be current at the time of issue, however, the Seller reserves the right to adjust posted prices at any time before we accept an order from you.
All prices shown on this Site are in Canadian Dollars, (CAD).
The Seller will charge, and you agree to pay, the following fees and charges in relation to an order that we accept from you (as applicable):
the purchase price of each Product ordered;
all fees associated with the delivery of Products to you or your recipients; and
any other fees and charges set out in these terms and conditions.
All fees and prices referred to in these terms and conditions and/or displayed on the Site or contained in any other Materials are exclusive of GST/PST/HST (unless otherwise indicated).
Your Obligations
You explicitly accept, agree to and warrant that:
any information or other data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
the person receiving the Products at the provided delivery address(es) is authorized by you to do so;
you will comply with all applicable local, provincial and federal laws relating to your use of the Site and relating to your placement of any order with us, by any method;
you will promptly advise us of any changes to the information provided to us in a prompt manner that does not effect our ability to complete and satisfy your order;
you are solely responsible for any and all costs associated with your access to or use of the Site, including any Internet access fees;
you will check labels, read, and make available to your end user for their use, all available and applicable Product information before ordering, distributing, consumption or use;
You must not:
use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
make fraudulent or speculative enquiries, purchases or requests through the Site;
post or transmit any obscene, indecent, inflammatory, pornographic, or otherwise objectionable material or any other material that may give rise to civil or criminal proceedings;
knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
modify, adapt, translate or reverse engineer any portion of the Site;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
use the Site to violate the security of any computer or other network or engage in illegal conduct;
take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
use the Site other than in accordance with these terms and conditions; or
attempt any of the above acts or engage or permit another person to do any of the above acts.
Warranty and Liability
Where permitted by law :
we do not warrant or represent the suitability of the Site or a Product for any purpose; and
we will not be liable to you for direct, indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings and any other social, commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site, information provided by our Representatives or the Product.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Returns
Unless otherwise notified by the Seller in explicitly and in writing, returns are not accepted for any reason.
Termination and/or Suspension of Account
The Seller may terminate this agreement for convenience at any time, and without notice to you. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) for any actual or suspected breach of these terms and conditions.
Indemnity
You agree to indemnify and hold harmless the Seller, its directors, employees, representatives and agents from any claims, liability, damages, costs whatsoever arising from any breach of these terms and conditions and in connection with the supply of the Products to you.
Alcohol
If you purchase a Product containing alcohol, you warrant that you and the intended recipient are over the age of nineteen (19) years.
Product Pick Up
Product pick-up is available by appointment and pre-arrangement only. Please contact your representative to make arrangements
User Feedback//Submission
If you send submissions (e.g. creative ideas, proposals, plans etc) via post, email or online, we may edit, copy and/or distribute comments that you forward to us.
The Seller is under no obligation to:
maintain comments in confidence;
pay compensation for comments; and/or
respond to comments.
We maintain the right to edit/remove content that we determine as unlawful, offensive and/or threatening.
General Provisions
Headings used are included for convenience and do not affect these terms and conditions.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a specific jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of the Province of Ontario.
RETURNS POLICY
We do not accept returns, or offer refunds for gifts that are shipped and/or delivered to the recipient without any damage.
If you have received a Product that was out of date, broken or damaged, please contact our customer service team on and we will be sure to replace those items with the closest possible substitute product. Except where otherwise possible, replacement products will be unbranded.
You agree that any additional costs associated with the replacement of an item such as delivery, or difference in price, will be paid for by you prior to shipping.
The cost of returning any Product by post is at your expense, unless faulty or otherwise agreed in writing. Any agreed returns must be sent by you, at your cost, using a trackable or signature-required delivery service.
Faulty Products
If any Product is faulty, not of merchantable quality, not fit for its intended purpose or does not match the description then please contact us by email at service@giftguru.ca and one of our Representatives will assist with your request.
After evaluation your claim, GiftGuru.ca will send you full return address and instructions. Any postage cost for the return will be borne by you except where the Seller subsequently deems the returned Product faulty, not of merchantable quality, not fit for its intended purpose or that it does not match the description on the Site in which case, GiftGuru.ca will refund the postage cost to you.
Please be aware that it is your responsibility to ensure that any returned item reaches us safely. GiftGuru.ca is not liable for the loss or damage of return items in transit. Please be sure to use a traceable delivery method and keep a record of your tracking number. We will contact you via preferred method to confirm when your return has been received by us.