Terms & Conditions
By entering this website and related services, You (the “User”) agree to the following terms and conditions with ARPSHOP, (“We,” or “the ARPSHOP website”) reserves the right to add, delete, or revise these terms and conditions at our sole discretion. All revisions will take effect immediately upon posting at this site or through any other reasonable means of notification unless otherwise directed. Continued use of this site by you shall be deemed to constitute acceptance of all revisions. Users are responsible for regularly reviewing the conditions and terms of this Site Use Agreement.
You will use this site for legitimate purposes, in accordance with appropriate Provincial and Federal Laws and Regulations. It is the User’s responsibility to abide by all applicable laws and regulations. If for any reason, any part of this Site Use Agreement is disallowed in the jurisdiction of the User, You acknowledge the enforceable terms remain in effect, and that those which are disallowed shall be enforceable to the fullest extent of the applicable law. No advice or information, whether oral or written, obtained by a User from this site, its officers, directors, employees or agents, shall create any warranty not expressly made herein.
In posting any information, you will not submit any content that infringes upon a third party’s contractual or property rights or any content that is illegal, false, misleading, defamatory, harassing, abusive or otherwise objectionable in nature. You agree that any content which is posted by You in violation of a third party’s contractual or proprietary rights is done so by the User in direct contravention of this site Use Agreement, whether we are aware of the content or not, and You assume all responsibility for any litigation which may result from such a posting, including, but not limited to damages, reasonable attorney’s fees, and costs. Nor will You transfer any files, programs or e-mails containing any viruses, Trojan horses, worms, or other computer programming routines that may harm, corrupt, expropriate information from, or place a disproportionately large burden on the website, it’s files or databases, or those of its Members.
You will not access or tamper with non-public areas of this site, or postings of other members or their files without the express, written authorization of this site.
The terms and conditions of this Site Use Agreement are non-transferable, non-assignable, non-derogable, and may not be delegated to any third party. Any such assigns, transfers, derogations or delegations shall be deemed null and void.
You agree that all trademarks, logos, web-page graphics, software functions, and text found on this site is the exclusive property of ARPSHOP unless otherwise noted. Any unauthorized reproduction, expropriation, modification, distribution or derivation of such content is expressly forbidden and may result in civil or criminal prosecution.
In any jurisdiction where such waivers of warranties are not proscribed by law, the Member uses this site at his or her own risk, and all services and data are provided without express or implied warranties of any sort, including, but not limited to implied warranties of merchantability, fitness for a particular use or purpose, or non-infringement. This site furthermore does not warranty any goods or services obtained through the use of this site from another Member or advertiser. Any dissatisfaction of a Member’s job performance or behaviour is not the responsibility or fault of this site and the Member agrees to omit ARPSHOP, its employees, agents and directors, as a party in any litigation which may result from such dissatisfaction.
You agree, in any jurisdiction where not proscribed by law, that neither ARPSHOP, nor any of its officers, directors, employees or agents responsible for creating, maintaining, or delivering this site shall be liable for any direct or indirect damages resulting from your access, use of, or inability to access or use this site.
It is acknowledged and accepted by the Member that the only remedy against ARPSHOP, its officers, directors, employees or agents for any alleged damage caused by a performance or non-performance shall be the termination of further use of the service. The User agrees that any dispute, which may arise from this Site Use Agreement, shall be settled through binding arbitration, whether based on tort, contract or other theory of law.
Modifications of these Terms of Use.
This site may modify these Terms Of Use from time to time in its sole discretion. We may provide you with reasonable notice of any such change, and your continued use of this site will be deemed to constitute your acceptance of any such change.
Violations.
If this site or its subcontractor become aware of a possible violation of these Terms of Use, either of them may, in its sole discretion, initiate an investigation, suspend or terminate the account, remove materials from its server or another area, issue a warning, or take other responsive action. You agree to respond in a timely manner to any complaints from this site or its subcontractor. Nothing contained in these Terms of Use shall be construed to limit the actions this site or its subcontractor may take or remedies available to it in any way with respect to any prohibited activity or conduct. Certain violations of these Terms of Use may subject you to criminal or civil liability. Non-enforcement of any of these Terms of Use does not constitute consent or waiver, and this site and its subcontractor each reserves the right to enforce such term jointly and severally at its sole discretion.
Any material or data downloaded or otherwise obtained through the use of this site is at your own discretion and risk and you are solely responsible for any damage to your computer system, telephone or fax or loss of data that results from the download of such material or data.
Limitation of liability
Neither ARPSHOP nor its subcontractor shall be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or your inability to use this site or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into by means of or through this site or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if ARPSHOP or its subcontractor has been advised of the possibility of such damages.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Ontario Province of Canada without giving effect to its conflict of laws provisions.
Sales Tax
ARPSHOP is required to charge applicable provincial and federal tax on every item shipped to an address in Canada.
Additional terms
Force Majeure
ARPShop shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labour disruptions, shortages, inability to procure product, supplies materials, severe weather conditions, or any other circumstances or cause beyond the control of ARPSHOP in the conduct of its business.
Cancellation
Any cancellation must be approved by ARPSHOP.
Modification of Terms
ARPSHOP’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth in ARPSHOP’s acknowledgement, and customer’s assent to these terms and conditions shall be presumed from customer’s receipt of ARPSHOP’s acknowledgment. No addition or modification of terms and conditions shall be binding upon ARPShop unless agreed to by ARPSHOP in writing.
Complete Agreement
The terms and conditions in ARPSHOP’s forms, acknowledgements, quotations, invoices, websites, and catalogue sales terms and conditions are incorporated herein by reference and constitute the entire and exclusive agreement between customer and ARPSHOP.
Materials of Trade
Any cancellation must be approved by ARPSHOP.
Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the Provincial of Ontario, excluding conflict of law rules, and venue shall be in Toronto, Ontario.
If you have issues or concerns, contact us by e-mail at: info@arpshop.ca
You can also contact the shipping department by calling 866-209-1249.
No Third-Party Benefit
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity, not a party hereto.
Trademarks and Copyrights
Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products and covenants that it will take no action to register or otherwise interfere with such rights of ARPSHOP. Purchaser agrees that it will not copy the products sold to Purchaser or their packaging or trade dress.
Country of Importation
The purchaser represents that it is purchasing products from Canada and importing them to the country specified in Purchaser’s and ARPSHOP’s documentation. Purchaser agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and Canada and that there will be no re-export or diversion from such specified destination. If requested by ARPSHOP, Purchaser shall provide documentation satisfactory to ARPSHOP verifying delivery at the designated country. Purchaser agrees to inform ARPSHOP at the time of the order of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labelling and ARPSHOP shall not be responsible for providing any such documentation, packaging, marking or labelling unless ARPSHOP expressly agrees.
Export and Import Licenses, Controls, Permits and Freight Forwarder
Purchaser shall be responsible for obtaining and paying for any permits, licenses or other governmental authorization(s) necessary for the exportation from the Canada or importation of the products to the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser’s agent. The freight forwarder’s actions shall not be deemed authorized by or binding upon ARPSHOP unless expressly agreed to by ARPSHOP. The Purchaser and its freight forwarder shall be solely responsible for preparing and filing the Shipper’s Export Declaration. The purchaser represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons Lists. At the request of ARPSHOP, Purchaser agrees to provide copies of any export, shipping or import documents prepared by Purchaser or its agents related to ARPSHOP’s sales to Purchaser.
Foreign Corrupt Practices Act
Purchaser acknowledges that it is not the agent of ARPSHOP and represents and warrants that it has not, and covenants that it will not, pay anything of value to any government employee in connection with the resale of the products.
Independent Contractors
ARPSHOP and Purchaser are independent contractors and not principal and agent. Purchaser is not authorized to, and shall not make any representations on behalf of, or which are binding upon ARPSHOP.
Governing Law; Limitations
These Terms and Conditions shall be construed, interpreted and performed exclusively according to the provincial and federal laws, excluding conflict of law rules of Ontario, Canada. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the of Ontario, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
Severability
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.
Dispute Resolution
Actions by ARPSHOP for nonpayment by the Purchaser of the purchase price of products sold by ARPSHOP, or for a redress of other breaches by the Purchaser of these terms and conditions of sale, may be brought by ARPShop, at its option, before any Canadian or foreign judicial court of competent jurisdiction. Or, at ARPSHOP’s option, disputes between the Purchaser and ARPSHOP, including all claims for non-performance by ARPSHOP, shall be finally settled by arbitration in Toronto, ON, CANADA under the Commercial Rules of the (Canadian Arbitration Association), by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and provincial laws (except conflict of law rules) of the province of Ontario, Canada.
Order Acceptance
Purchaser acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by ARPSHOP.
Prices Herein
Prices are net and are subject to change without notice.
Prompt Disposition
ARPSHOP will make a good faith effort for prompt correction or another adjustment with respect to any product which proves to be defective within the warranty period. Before returning any product, Purchaser agrees to write or call the ARPSHOP branch or origin giving date and number of the original invoice and describing the defect.
Product Suitability
Many countries and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from location to location. While ARPSHOP attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, Purchaser should review the product application and applicable codes and regulations to be sure that the product, installation, and use will comply with them.