General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to cancel
- Price and Delivery Costs
- Shipment and delivery conditions
- Liability for defects
- Law and jurisdiction
1) SCOPE OF APPLICATION
1.1 These Terms and Conditions of the company getstamps.ca Ltd., 2900 -550 Burrard Street, Vancouver, BC V6C 0A3 Canada, e-mail: [email protected], phone: 1-647-360-3078 (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client” and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for personal, family or household purposes and does not include a person who is acting for business purposes. A merchant pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the merchant’s name or on the merchant’s behalf.
2) CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
2.3 Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. Reference is made to the respective product descriptions in the Seller’s online shop. The Terms and Conditions will be sent to the Client within 15 days after conclusion of the contract. The contract’s content will be archived as well in the Seller’s website and can be found by the Client free of charge via his password-protected customer account, if the Client has opened a customer account in the Seller’s online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function, prior to submitting the binding order.
2.7 The contractual languages are English and French.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) RIGHT TO CANCEL
3.1 If the Client is a consumer, he is entitled to cancel a contract in the following cases.
3.1.1 He may cancel the contract at any time from the date the contract is entered into force until seven days after he receives a copy of the contract, if
a) The Seller did not disclose to the Client the following information prior to the conclusion of the contract:
– merchant’s name, business name, contact details,
– fair and accurate description of goods or services,
– itemized prices and additional charges,
– total amount to be paid and payment method,
– description of each additional charge that applies, such as customs duties,
– place and method of delivery or performance of services,
– trade-in arrangements,
– additional rights and obligations and other limitations.
b) The Seller did not provide to the Client an express opportunity to accept or decline the contract or to correct errors immediately before entering into it.
3.1.2 In addition, he may cancel the contract at any time from the date the contract enters into force until 30 days afterward, if the Seller does not deliver a copy of the contract to the Client within fifteen days of the Client entering into it (by e-mail, fax or mail).
3.1.3 The Client loses the right to cancel if, after the 30-day period has expired, he agrees to accept delivery or authorizes commencement of performance.
3.1.4 If the Client cancels a contract, he must give notice of cancellation the Seller, at the address set out in this contract, by any means that allows him to prove the date on which he gave notice.
In this case, the Seller has 15 days to refund any payment he has made.
However, if the Client has solicited the goods or services from the Seller and having requested that delivery be made or performance be commenced within 10 days after the date this contract is entered into, the Seller is entitled to reasonable compensation for the goods and services that the Client received before the earlier of the 11th day after the date this contract was entered into and the date on which he gave notice of cancellation to the Seller.
The Client must take reasonable care of any goods that came into his possession under this contract until he returns the goods to the Seller.
3.2 Apart from the cases stated in section 3.1, there is no right of cancellation and the Seller does not offer returns.
4) PRICE AND DELIVERY COSTS
4.1 Prices are indicated in in Canadian dollars excluding shipping costs. Shipping costs are specified separately in the Seller’s web site.
4.2 Payment can be made using one of the methods mentioned in the Seller’s web site
4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) SHIPMENT AND DELIVERY CONDITIONS
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch.
5.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a merchant, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
5.5 Collection by the Client is not possible for logistical reasons.
6) LIABILITY FOR DEFECTS
Should the object of purchase be deficient, statutory provisions shall apply.
7) LAW AND JURISDICTION
7.1 If a Client acts as a consumer pursuant to Section 1.2, this contract is governed by the laws of the province of Canada and the laws of Canada applicable therein, in which the Client has his permanent residence, excluding the UN-Convention on Contract for the International Sale of Goods. The courts of the client’s permanent residence will have exclusive jurisdiction over any dispute relating to this contract.
7.2 If a Client acts as a merchant pursuant to Section 1.2, any contractual relationships between the parties are governed by the laws of British Columbia and the laws of Canada applicable therein, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of British Columbia, where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships