Privacy and Security
We are committed to protecting your privacy. We use the information you provide during online purchasing to process your online orders only. We do not sell, trade or rent your personal information to others. We may release account information when we believe, in good faith, that such release is reasonably necessary to either comply with applicable laws, enforce or apply the terms of any of our user agreements or protect the rights, property or safety of our Company, our users, or others.
Personal Information Collected
Protecting Your Personal Information
When you furnish us with your personal information to process your online order, we receive this information using a secure Internet server employing the industry standard secure transmission protocol known as SSL (Secure Socket Layer). SSL encrypts all personal information you send us, ensuring that this information is sent to us in a private and secure manner. Once received, all of your personal information is protected against unauthorized access.
Our Customer Service Agents may contact you by phone or email to confirm the details of your order if required for fulfillment.
Taxes on Sales
To our Canadian customers GST and/or PST or HST will be charged where Nanditea is required by law to charge such tax.
Returns for Online Purchases
We are committed to ensure that you are completely satisfied with your order from Nanditea. If for any reason you are not satisfied with your order, please contact us at email@example.com or 780-868-7784 to make arrangements for product replacement or product return and refund. Where the customer requires a refund, Nanditea will pay for the return shipping cost and refund the product purchase amount in full, excluding shipping costs on the original order. This refund policy is valid for 30 days from the scheduled delivery date of the order.
Delivery Methods and Options
We are committed to dispatch all orders within 24 hours of receipt of the order. Delivery is through; Canadian Post, UPS and Fedex, times and related charges are indicated on the check-out section of our website. You may ship items to separate mailing addresses ONLY by placing separate orders for each destination.
Terms of Purchase
The terms and conditions set forth in this online store policy constitute the entire agreement between Nanditea (the “Company”) and you (the “Buyer”) concerning product purchase through the Website.
1. Offer and Acceptance
By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from the Company pursuant to this Agreement. The acceptance and fulfillment by the company of any order placed on the Website is subject to Buyer’s acceptance of all of the terms of this Agreement.
2. Prices, Availability and Taxes
Prices of product on the Website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time and the Company makes no representations of warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, Sales Tax, Use Tax, Retailer’s Occupational Tax, Gross Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax. All applicable taxes and other charges will be added to the purchase price.
When ordering products on the Website, Buyer may use any payment method acceptable to Paypal, including, VISA, MASTERCARD and AMEX. If Buyer fails to pay for any products received, the Company shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Nanditea, including, but not limited to, legal fees, costs and interest.
4. Shipping, Title and Risk of Loss
The Company will ship products using the shipping method selected by Buyer on the Website. All sales are made F.O.B., the shipping point. The company shall use reasonable efforts to cause products to be delivered to Buyer by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon the Company’s (or its agent’s) delivery to the carrier at the shipping point.
5. Disclaimer of Warranties
The Company provides 100% money back warranty (excluding shipping costs) to unsatisfied customers where the Company’s product is used properly. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS WHERE SUCH PRODUCTS ARE USED IN VIOLATION OF PROPER USE CONDITIONS.
6. Buyer’s Representations
Buyer represents that he/she has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that he/she has provided accurate information to The Company in purchasing products through the Website and that his/her offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that he/she is solely responsible for compliance with all applicable laws and regulations concerning Buyer’s purchase, possession, use, or resale of the products. Buyer further represents that he/she is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer, including, but not limited to, the Occupational Safety & Health Act.
Buyer shall defend, indemnify and hold the Company and its suppliers, including, but not limited to, its affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of the Company.
8. Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within 30 days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer’s failure to give the Company written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against the Company related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.
9. Limitation of Liability
Without limiting the scope of any other terms and conditions herein, including the Company’s disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL the Company BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO the Company OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
10. Force Majeure
Without limiting the scope of any other terms and conditions herein, the Company shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. The Company may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall the Company be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing the Company, Nanditea shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases the Company from responsibility or liability for any resulting incomplete fulfillment of Buyer’s order.
a) No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of the Company in the event of Buyer’s breach of this Agreement.
b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered “writings” for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the Royal Mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website and, if to the Company, 2037 – 111 Street, P.O. Box 82026, Edmonton, Alberta T6J
c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.
d) These Terms and Conditions shall be governed by and construed under the laws of Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the courts of Canada. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.