TERMS AND CONDITIONS
PLEASE, BEFORE USING THE SITE, READ THESE SALES TERMS AND CONDITIONS CAREFULLY. BY USING OUR SITE, YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THESE CONDITIONS.
1.1 Location of Site Operation
Service-Spray Inc. a Canadian registered company, operates Robertspaintcare.com (« the Site ») from its offices located at 899 Curé Poirier boulevard, West, suite 100, Longueuil, Quebec,J4K 2C5. Service-Spray Inc. makes no representation to the effect that the elements of the Site may be used in other locations than Canada, and it is forbidden to access the Site from territories where the legislation prescribes that the content or use of Site is illegal. Those choosing to use the Site do so on their own initiative, and it is their responsibility to conform to all applicable local laws. Any claim related to the Site and the elements it contains, or arising from the use of the Site, is governed by the applicable laws in the territory of the Province of Quebec and should be submitted before the Courts of the Province of Quebec in the district of registered address of Service-Spray Inc.
1.2 Restrictions Related to Use
Except as specified in one or another section of the Site, no element of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted by any means, without prior written permission of Service-Spray Inc. or the owner of the copyright. You are permitted to display or download Site elements, but only for non-commercial purposes and only as long as you do not modify these elements and you retain all copyright and other proprietary notices that they contain.
The trademarks and logos used or displayed on the Site are trademarks, registered or not, by Service-Spray Inc. or third parties. Nothing in the Site may be interpreted so as to grant, directly or indirectly, the use of a trademark reproduced on the Site without the prior written permission of the trademark owner.
1.4 Limitation of Liability
The Site and the elements it contains are provided on an “as is” basis, without warranties of any kind, expressed or implied. To the fullest extent possible pursuant to the applicable law, Service-Spray Inc. disclaims all responsibility and provides no guarantee, including but not limited to, warranties of merchantability or fitness for a particular purpose. In addition, Service-Spray Inc. makes no representation with regard to the use, downloading, validity, accuracy or reliability of the elements reproduced on the Site, or with regard to the results obtained from the use of such elements. While Service-Spray Inc. does everything possible to ensure that the Site contains no errors, it declines all responsibility with regard to any error that may be found on the Site. Service-Spray Inc. and its related companies, directors, employees, representatives or agents may not, under any circumstances, be held responsible for any damages related, directly or indirectly, to the use of the Site, including, but not limited to, the loss of data or profit resulting from use of the elements of the Site, or from the inability to use these elements.
2. GENERAL CONDITIONS OF SALE
The receipt by e-mail of an order confirmation does not constitute acceptance by Service-Spray Inc. of such an order or the confirmation of an offer to sell. Service-Spray Inc. reserves the right, without any prior notification, to refuse service to any customer and/or limit the order quantity of any item ordered. Verification of personal or credit card information may be required at any time prior to the acceptance of any order.
2.1.1 The price payable for each product that you order is as set out with regard to each product offered on the Site.
2.1.2 Transportation and delivery charges, as well as applicable sales taxes, are not included.
2.1.3 Service-Spray Inc. reserves the right to modify the prices of products offered on the Site at any time, without prior notice.
2.1.4 All prices are in Canadian dollars.
2.2 Return Policy
2.2.1 The orders being processed very quickly, they cannot be cancelled once they are placed.
2.2.2 Because touch-up paint is custom-made for your car, it cannot be returned unless color does not match due to an error on Service-Spray Inc.’s part. Service-Spray Inc. takes every precaution to prepare the paint according to the color code ordered by the customer and the formulas provided by paint manufacturers. These formulas are matched from the original factory paint supplied by car manufacturers. Service-Spray Inc. declines any responsibility as for possible differences in color, tint, gloss, or finish that may occur.
Variances could occur for different reasons including, but not limited to, the following: the vehicle has been repainted, the original color changed due to bad weather and/or sun exposure, information sticker has wrong color code or the customer just simply ordered the wrong color code.
2.2.3 For any other products, no return or exchange will be accepted 30 days after the receipt of goods. To return any merchandise, you must obtain a return authorization number from Service-Spray Inc. at the following number: (450) 674-3435 or by e-mail at firstname.lastname@example.org. The returned products must be unopened and in original packaging. Any product that will be damaged, opened, used or incomplete will not be accepted. A copy of the original invoice must accompany the shipment.
2.2.4 The customer must assume expedition charges for the products returned. Every order leaving Service-Spray Inc. is carefully verified before expedition. However, if you receive a damaged package, please immediately advise the driver and contact the carrier.
2.2.5 After acceptance by Service-Spray Inc. as indicated in 2.2.3 and upon receipt of returned products, any sum debited from your credit card account in favour of Service-Spray Inc. with regard to these products, except delivery charges, will be credited as soon as possible, on the condition, however, that the products being returned are returned by you and received by Service-Spray Inc. in the condition stipulated in 2.2.3.
2.3 Product Availability
2.3.1 Service-Spray Inc. does not guarantee in any case the availability in inventory of products offered on the Site. If Service-Spray Inc. is unable to deliver one or more products that you have ordered due to insufficient inventory, you will be advised by e-mail. In such a case, you will have two options:
1) The order will remain active. In this case, Service-Spray Inc. will ship the order only when all items will be available.
2) Cancel the missing item on the order with no charge on your part.
2.3.2 Please note that any item unavailable after 90 days will automatically be cancelled and your account will be credited.
2.3.3 Service-Spray Inc. will not, under any circumstances, be responsible for any loss or harm you may suffer due to insufficient inventory.
2.4 Product delivery
2.4.1 Service-Spray Inc. will deliver the products ordered by you to the address you transmitted at the time of your order.
2.4.2 Service-Spray Inc. will prepare the order as quickly as possible after its acceptance. The cost and delay of delivery will vary depending on the weight of parcel and its destination. The delay of delivery is estimated from the moment that the order leaves Service-Spray Inc.’s premises.
2.4.3 You will become the owner of the products as soon as the order leaves Service-Spray Inc.’s premises. As of that moment, you will assume all risk related to the products ordered, and Service-Spray Inc. will not be liable for their loss or destruction.
2.4.4 For any products delivered outside of Canada, you are responsible for all customs brokerage fees, local taxes and any other costs related to importing our products in your country.
2.4.5 Delivery of products is subject to the rules of carriers with which Service-Spray Inc. chooses to deal with. You are subject to the rules concerning a signed acknowledgment, should that happen. If you are absent from the location where you requested delivery, you will be responsible to recover the products according to the rules of the carrier.
2.4.6 No deliveries will be made to a post office box.
2.4.7 Service-Spay Inc. must have received the full payment for the order before proceeding to the shipment.
2.5.1 In any case, Service-Spray Inc.’s liability will be limited to the price of the products only.
2.5.2 You should be aware that most products sold by Service-Spray Inc. present a certain degree of toxicity and should be used only after reading all warnings and taking necessary precautions. Service-Spray Inc. will not be responsible, in any case, for any harm or damage sustained by the users of these products.
2.5.3 Service-Spray Inc. declines any responsibility as to the results obtained by the use of the products ordered regardless of the method of application.
NOTHING IN THE TERMS AND CONDITIONS MUST BE INTERPRETED AS LIMITING ANY RIGHT YOU MAY HAVE AS A CONSUMER.