entered into in Vancouver, British Columbia, Canada.
Connection Import & Export Ltd., a corporation with a registered and records office located at V6V 2X4, Richmond BC Canada (the “Supplier”);
The person who makes a purchase from the Supplier on the Supplier’s internet website www.gm5.ca; (collectively referred to as the “Parties”).
WHEREAS, the Supplier carries on the business of selling goods.
AND WHEREAS, the Consumer wishes to purchase the Goods from the Supplier.
AND WHEREAS, the Consumer has signified its agreement to be bound by the terms and conditions of this Agreement by making completing a Purchase Order of goods offered for sale at the Supplier’s e-commerce website.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Unless otherwise indicated the words and phrases in this Agreement shall have the following meaning:
1.1 “Supplier’s e-commerce website” - means the virtual shop available at URL www.gm5.ca Products can be purchased.
1.2 “Goods” - means the goods offered by the Supplier for sale on the Supplier’s e-commerce website”.
1.3 “Agreement”- means this agreement including its recitals and any related or ancillary agreement or document identified on the Supplier’s e-commerce website, such as its Purchase Order, Price List or depictions and descriptions of the Goods offered for sale by the Supplier.
1.4 “Price” – means the price, payable in Canadian currency, in the Price List, plus any related fees relating to the delivery of and the importation the Goods (including, but not limited to packaging, transportation, customs brokerage, duties and taxes).
1.5 “Price List” – means the Supplier’s list of Goods and their respective sale prices which is in force on the day that the Consumer completes a Purchase Order.
1.6 “Purchase Order”: means a purchase order completed by the Consumer through which the consumer offers to buy a specific quantity of Goods offered by the Supplier.
2.1.1 The Supplier agrees to sell, and the Consumer agrees to purchase the Goods, in accordance with the terms of this Agreement.
2.1.2 The Goods are sold by the Supplier to the Customer if and only if the Consumer fully completes and sending a Purchase Order to the Supplier and providing the Supplier with full payment on account of the price.
2.1.3 This Agreement shall take effect on the date that the Consumer completes and sends a Purchase Order to the Supplier and by pays the required Price for the Goods.
2.1.4 By completing the Purchase Order and by paying the Price for the Goods to the Supplier, the Customer acknowledges and agrees to the terms and provisions of this Agreement.
3. Making And Correcting A Purchase Order
3.1 A Consumer may complete a Purchase Order by filling out an electronic Purchase Order form in accordance with instructions provided on the Supplier’s e-commerce website.
3.2 If and when the Consumer completes a Purchase Order and makes full payment to the Supplier, the Supplier will provide an email message acknowledging receipt of the Consumer’s Purchase Order together with a summary of the information in the Purchase Order.
3.3 Upon receipt of the Supplier’s email message acknowledging receipt of the Consumer’s Purchaser Order, the Consumer has 24 hours within which to review the message and to correct the Purchase Order.
3.4 A Consumer may correct a Purchase Order by following the instructions on the Supplier’s e-commerce website.
4.1 The Consumer shall pay for the goods with a PayPal account, with a credit card or with any other payment mechanisms outlined in the Supplier’s e-commerce website.
4.2 The Supplier may, in its sole discretion, and without notice, change the payment mechanisms instruments available to the Customer on the Supplier’s e-commerce website.
4.3 If the Consumer uses a credit card in order to make a payment the Price will be considered paid if and when the relevant credit card company verifies that the Consumer’s payment has been authorized.
4.4 If the consumer makes a payment with PayPal in order to make a payment the Price will be considered paid if and when Paypal provides confirmation of payment.
4.5 The price of the Goods shall not vary according to the payment instrument selected.
5. Price List
5.1 The Supplier may amend the prices set out in its Price List at any time without notice by posting an amended Price List on the Supplier’s e-commerce website.
6.1 Any sale of the Goods made pursuant to the Agreement is made in consideration for the price in the Price List, plus any related fees (including, but not limited to packaging, transportation and customs brokerage).
7. Payment Not In Compliance
7.1 If the Supplier receives a Purchase Order or payment advice indicating that the Consumer has paid a price which does not comply with the Price List, it shall notify the Consumer of this fact as soon as possible.
7.2 If the Consumer does not provide confirmation of acceptance of the price in the Price List and / or does not provide adequate payment to the Supplier on account of the Goods within 5 days from the date that the Supplier sends the notice referred to in the clause above to the Consumer, the Purchase Order becomes void.
8. Credits, Exchanges and Refunds
8.1 The Supplier shall provide the Goods in the quantity and of the quality ordered by the Consumer on the Purchase Order.
8.2 The Consumer shall inspect the Goods as soon as possible after receipt of them in order to confirm that they are of the quantity or quality ordered by the Consumer in the Purchase Order.
8.3 The Consumer must immediately provide the Supplier with notice any damage of packaging or of Goods upon receipt of them by making a note on the delivery receipt document and by informing the Supplier by e-mail.
8.4 If the Consumer does not provide notice of damage of packaging or Goods upon receipt of them as provided in the clause above, then the Customer forfeits the right to make a claim for the exchange of Goods or a credit note in respect of those Goods.
8.5 If the Consumer determines, after opening the packaging for the Goods that the Goods are not of the quality or quantity ordered by the Consumer in the Purchase Order then the Consumer shall:
a. Notify the Supplier of the presence of the defect within 7 days of receipt of the Goods;
b. Provide the supplier with a depiction and description of any alleged defect in respect of the Goods;
c. Wait to receive a confirmation from the Supplier that the Goods will be accepted for return; and
d. Arrange and pay for the return of the Goods to the Supplier.
8.6 If the Consumer does not provide notice of the failure to provide Goods of the quality or quantity ordered and arrange and pay for the return of the goods as provided in the clause above, then the Customer forfeits the right to make a claim for the exchange of Goods or a credit note in respect of those Goods.
8.7 If the Supplier fails to provide Goods in the quantity or quality ordered by the Consumer in the Purchase Order, then the Supplier may, in its sole discretion, provide the Consumer with either a credit note or an exchange of Goods.
8.8 The Supplier shall not, under any circumstances, provide a refund to the price by the Consumer to the Supplier on account of the Goods, but shall, in the Supplier’s sole discretion, decide to either exchange the returned Goods with other Goods, or provide a credit note.
9. Terms Of Payment
9.1 The Consumer agrees to pay to the Supplier the price for the Goods plus any related fees at the time that the Consumer completes a Purchase Order for the Goods.
9.2 If the Consumer fails to pay the price for the Goods or any related fees at the time that the Consumer completes a Purchase Order for the Goods, the Purchase Order is void.
10.1 The Supplier agrees to deliver the Goods to the Consumer at the Supplier’s place of business V6V 2X4, Richmond BC, Canada for pick up by the Consumer’s Freight forwarder / Customs Broker.
10.2 The Supplier will deliver the Goods in accordance with the clause above within a reasonable period after the date that the Purchase Order and payment for the Goods has been completed.
10.3 The Supplier will ensure that after the Goods have been shipped the Consumer will be able to verify where the Goods that have been ordered in Purchase Orders are located through use of online tracking provided by the Consumer’s freight forwarder / customs broker.
11. Transportation, Customs Brokerage, Duties, Taxes And Insurance
11.1 The Consumer agrees that:
11.1.1 It will pay a fee to the Supplier based on a percentage of the value of the Goods on account of the costs of transportation, customs brokerage, customs duties and import taxes as specified in the Purchase Order in order to ship the Goods to the Customer.
11.1.2 A customs broker nominated by the Supplier will act as the Consumer’s freight forwarder and customs broker responsible for the shipment of Goods;
11.1.3 The Consumer hereby authorizes the Supplier to engage a customs broker by the Supplier to in order to act as the Consumer’s freight forwarder and Customs Broker and to pay the fee to the Consumer’s freight Forwarder and Customs Broker in order to ship the Goods, clear the Goods through customs and to pay all applicable duties and taxes on account of the importation and shipment of the Goods to the Customer.
11.1.4 The Consumer acknowledges and agrees that it is the importer of the Goods and is solely responsible for:
The payment of all applicable fees relating to the transportation of the Goods to the Consumer, the payment of:
12.1 The Supplier’s business address is V6V 2X4, Richmond, BC, Canada
12.2 The Supplier’s mailing address is V6V 2X4, Richmond, BC, Canada
12.3 The Supplier’s electronic mail address is: email@example.com
13. Governing Law
13.1 The Agreement shall be interpreted, construed and performed in accordance with the applicable laws of British Columbia and of Canada.
13.2 Where the Agreement refers to a specific statute, such reference includes all regulations passed thereto, all amendments relating thereto as well as any statute or regulation which supplements or replaces such statute or regulation.
14.1 If any provision of the Agreement is deemed to be invalid or unenforceable, such provision shall, whenever possible to do so, be interpreted, construed, limited or if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. All the remaining provisions of the Agreement shall remain valid and continue to bind the Parties.
15.1 The headings used in the Agreement shall have no interpretive value. Their sole purpose is to help to identify the content of the provisions in this Agreement
16. Time Is Of The Essence
16.1 Time shall be of the Essence in the Agreement. No extension of or amendment to the Agreement shall operate as a waiver of this provision unless it is clearly stated to be so.
17.1 The Supplier may amend this Agreement at any time without notice by posting an amended Agreement on the Supplier’s e-commerce website.
18.1 The Supplier may terminate this Agreement at any time without notice by posting notice of termination on the Supplier’s e-commerce website.
19.1 The termination of the Agreement shall not affect the survival and enforceability of any provision of the Agreement which is expressly or implicitly intended to remain in effect after such termination.
21. Entire Agreement
21.1 This Agreement is the entire agreement between the parties and there are no representations or warrantees of any kind except as expressly provided for in this Agreement.
23.1 The Customers can directly contact GM5 by contacting firstname.lastname@example.org.