General Terms and Conditions

1. Terms of Use
   1. Access and use of this webpage are governed by the General Terms and Conditions, and, as such, you should carefully read these prior to using the webpage. By accessing the webpage, you are agreeing to abide by and be bound by the terms of the General Terms and Conditions and by all applicable laws. Please do not access this webpage if you do not agree to be bound by the General Terms and Conditions.
2. Scope of Application
   1. This webpage is intended for the use of Canadian customers only. All products available on this webpage are available only in Canada. All prices on this webpage are displayed in Canadian dollars, and are subject to change without notice. Some of the products listed on this webpage may be unavailable.
   2. These General Terms and Conditions apply to the purchase of products and/or services from TSMI Inc (“TSMI”) using the www.shop.thomassabo.com website. TSMI reserves the right to change these terms and conditions without prior written notice, at any time, at TSMI’s sole discretion.
   3. PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE TO MAKE ONLINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE GENERAL TERMS AND CONDITIONS SET FORTH HEREIN, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THESE GENERAL TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATION AND EXCLUSIONS THAT MAY APPLY TO YOU.
3. Order
   1. Before submitting an order for the purchase of products using this website, you will be shown an order confirmation screen describing, among other things, the products to be ordered, the purchase price and any applicable charges for shipping and taxes. To the extent not deemed otherwise in virtue of the Quebec Consumer Protection Act, when you submit your order by pressing the “submit” button, such order will constitute an offer from you to TSMI to purchase the products described on the order confirmation screen for the price and subject to the other charges, terms and conditions set out on the said order confirmation screen. Orders are not binding on TSMI until accepted by TSMI. TSMI’s acceptance of your order is evidenced by return e-mail from TSMI indicating that your order has been accepted.
4. Cancellation
   1. TSMI reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, TSMI will issue a full refund.
5. Price
   1. All prices quoted are payable in Canadian dollars. TSMI cannot confirm the price of a product until you submit an order for the product. Without limiting the generality of the cancellation provisions above, in the event that the price or related information of a product (as described on the www.shop.thomassabo.com website and/or the order confirmation screen) is incorrect due to an error in pricing or product information, TSMI may, at its sole discretion, refuse or cancel your order, whether before or after TSMI’s acceptance thereof. If there is such an error in pricing, TSMI will cancel your order and reverse any charges that have been applied, then contact you to ask you place a new order for the product at the correct price.
6. Payment Terms
   1. Terms of payment shall be determined at TSMI’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by TSMI. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. Shipping and Taxes
   1. TSMI will ship the products ordered by you according to the delivery method you have chosen and to the address indicated in the order confirmation screen. TSMI WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN CANADA. DELIVERY TIMES PROVIDED BY TSMI ARE ESTIMATES ONLY. TSMI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR COSTS RESULTING FROM ANY DELAYS IN DELIVERY.
   2. Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the order confirmation screen for each order, as applicable. You are responsible for all sales, use, goods and services, and other taxes and duties associated with the order.
8. Product Availability
   1. The availability of certain products may be limited, and products may not be available for immediate delivery. TSMI may revise or cease to make available any products at any time without prior notice. In the event that TSMI is unable to deliver you a product ordered due to a lack of availability, TSMI will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product, provided that TSMI may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the product becomes available.
   2. THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY TSMI ARE AVAILABLE ONLY IN CANADA AND THIS SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS.
9. Ownership and Risk of Loss
   1. All products purchased from TSMI are delivered to you by a third party delivery company pursuant to a shipping contract. You shall become the owner of the products and shall assume the risks of loss at the time of delivery by TSMI of the product to the third party delivery company.
10. Returns
    1. All product returns are subject to the TSMI Returns Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. Exclusion of Warranties and Limitation of Liability
    1. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE GENERAL TERMS AND CONDITIONS, TSMI DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABIILTY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
    2. IN NO EVENT WILL TSMI BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR INCONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES ARISING OUT OF THE PRODUCTS PROVIDED BY TSMI OR OTHERWISE RELATED TO THESE GENERAL TERMS AND CONDITIONS OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.SHOP.THOMASSABO.COM WEBSITE EVEN IF TSMI OR ANY OTHER LAWFUL AGENTS, CONTRACTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL TSMI’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL TSMI BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, TSMI’S CONTRACTORS, THE INTERNET BACKBONE, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUB-CONTRACTORS, OR OTHER EVENTS BEYOND A REASONABLE CONTROL OF TSMI.
12. Governing Law and Jurisdiction
    1. This Agreement shall be construed and interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations convention on contracts for the international sale of goods is expressly excluded.
13. Severability
    1. The provisions of these General Terms and Conditions shall be deemed severable. In the event that any portion of these General Terms and Conditions is determined to be unenforceable or invalid, such provisions shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Entire Agreement
    1. Your use of this website is governed by separate Website Terms and by our Privacy Policy. You acknowledge that you have read the Privacy Policy and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of these General Terms and Conditions shall supersede and take precedence over the provisions of the Privacy Policy; in the event of any inconsistency between the provisions of these General Terms and Conditions and the Privacy Policy, the provisions of these General Terms and Conditions shall govern.
    2. These General Terms and Conditions, together with all other agreements, terms or conditions incorporated or referred to herein, constitute the entire agreement between you and TSMI relating to the subject matter hereof, the use of this website and any transactions conducting on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing or by TSMI making such amendments or modifications available to it pursuant to these General Terms and Conditions.
15. English Language
    1. You expressly agree that these General Terms and Conditions and all ancillary documents be drafted solely in English; Vous consentez expressément que cette entente et tous les documents y afférant soient rédigés en anglais seulement.

Status: February 2010