Conditions of Use

TERMS AND CONDITIONS

1. Applicability of Terms and Conditions. 

These terms and conditions (the "Terms") shall apply to your access, use, downloading of materials or purchase of products and related services through https://www.avshop.ca/ (the "Site"). These Terms are subject to change at any time without prior written notice by AVShop.ca operated by Shopstix Inc. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

By using this site, you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms, please do not use this site. The material provided on this site is protected by law, including, but not limited to, Canadian Copyright Law and international treaties.

These Terms are only available in English. No other languages will apply to these Terms.

2. Definitions.

In these Terms, the following words have the following meanings:

• "Site" includes the following website “https://www.avshop.ca/” and all associated web pages;
• "Terms" the terms and conditions set out in this document, any additional terms and any specific terms;
• "we", "us" "our"or “Company” meansAVShop.ca and/or Shopstix Inc.(a corporation registered in the Province of Ontario).
• "you" or "your"means the person buying products from the Site.

3. Ordering Products from the Site.

The steps required to create the Contract between you and us are as follows:

1. You place an order on the Site by creating an account.
2. When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgment does not, however, mean that your order has been accepted by us.
3. We may send you an e-mail to say that we do not accept your order. This is typically for the following reasons:
   • the products are not available;
   • we cannot obtain authorization of your payment;and/or
   • there has been an error by us on the pricing or description of the products.
4. We will only accept your order when we send you an e-mail that confirms your order has been shipped ("Shipping E-mail"). At this point, a legally binding contract will be in place between you and us and at this point we will dispatch the products to you ("Contract").

• Login information should never be shared. If login information is stolen, user should notify us immediately at https://www.avshop.ca/contact_us. We reserve the right to require proof of identity for any transaction. Accuracy of personal information is the responsibility of the user. If you submit wrong information, you are liable for any loss or additional costs associated with these errors.
• When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time-to-time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors, you can do so before submitting your order to us.
• We reserve the right to reject, correct, cancel, or terminate any order, including accepted orders, or limit quantities available for sale or sold, for any reason.

4. Changes to Service.

We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features or products, at any time without notice or liability. We may similarly remove, add, modify, or otherwise change any content, including that of third parties, on or from this Site. We may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.

5. Payment Terms.

• All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted, whether or not the order has been confirmed. In the event that an error does occur, we reserve the right to correct or cancel an order at any time, and/or correct the error on our website.
• You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, bank transfer, or use of a bona fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
• We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.
• All prices are in Canadian dollars.

6. Shipping Information.

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

7. Returns.

If you, for any reason, are not satisfied with your order, you may return it for a refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you; and (iv) the goods are not obsolete or discontinued, subject to our return policy found at https://www.avshop.ca/shippinginfo#returns.Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: https://www.avshop.ca/shippinginfo#returns). You bear the transport cost and risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase. We have the right to refuse any return for any reason.

8. Privacy Policy.

Please review our Privacy Policy, which can be found at the following addresses: https://www.avshop.ca/privacy.The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site.

9. Use of Software.

Software (if any) that is made available to download from the Site, excluding software that may be made available by end-users through a Communications Service, (“Software”) is owned by us and/or our licensors. Your use of the software is governed by the terms and conditions of the license agreement, if any, which accompanies or is included with the Software (“Licence Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. All Software is owned by us and/or our licensors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement.

10. Representations & Warranties ("R&Ws"); Disclaimers; Limitations on Liability.

• (a) Buyer's R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; and (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind.
• (b) Manufacturer's Warranty and Company's Disclaimers. We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you "as is" without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer's warranty as detailed in any product's description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer's warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer's warranty claims and/or for any loss or damages that may arise out of the manufacturer's failure to honor its warranty obligations to you.
• (c) Liability Cap. UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
• (d) Accuracy of Information and Availability of the Site
  1. While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
  2. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.

11. Hyperlinks and Third-Party Sites

The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

12. Ownership, Use and Intellectual Property Rights

(a) This Site and all intellectual property rights in the Site (including without limitation any content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

(b) Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any site content.

(c) Trademarks. The product names, company names and logos of AVShop.ca or any affiliate used on this Site may be trademarks including registered or unregistered trademarks of AVShop.ca, Shopstix Inc., or an affiliate (the “Trademarks”). Such product names, company names and logos may not be copied, imitated or used, in whole or in part, without our prior written consent. Other product and company names mentioned on this Site may be the trademarks of their respective owners.  Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. We enforce our intellectual property rights to the fullest extent of the law. We prohibit use of ourlogo as a hot link to Site unless establishment of such a link is approved in advance by usin writing.

13. User Conduct.

You agree: a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; b) not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; f) not to use or attempt to use another's account, service or system without authorization from us, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

14. Your Information.

All information you provide through the Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

15. Product Reviews and Other Interactive Areas.

To the extent that this Site contains bulletin boards, products reviews, or other message or communication facilities, you agree to use such means only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when posting a review, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. We do not have any obligation to monitor the content of its bulletin boards, product reviews, or other message or communication facilities. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any information or materials, in whole or in part, that in Our sole discretion are objectionable or in violation of these Terms and Conditions.

16. Third Party Beneficiaries.

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

17. Force Majeure.

Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, pandemics, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.

18. Assignment.

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

19. Partial Invalidity.

In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20. Governing Law.

These Terms shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles.

21. Disputes.

The parties agree that all disputes or disagreements between them with respect to the interpretation of any provision of this Agreement, the performance of the Company or you under this Agreement or any other dispute between them related hereto or arising here from (a “Dispute”) will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the International Commercial Arbitration Act, (Ontario) and submission to arbitration pursuant to this Section  is a condition precedent to the bringing of any action with respect to this Agreement. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the Greater Toronto Area, Ontario, Canada. The parties shall agree on what, if any, discovery shall be made available; if the parties fail to agree on the form of discovery within 30 days after the appointment of the arbitrator, there shall be no discovery. The arbitrator shall not limit, expand, or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and each party waives any claim to such excess damages.  The arbitrator shall not have any ability to award any equitable remedies against the Company. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction.  The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. Any arbitrator selected shall be competent in the legal and technical aspects of the subject matter of this Agreement. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement. The parties expressly waive any right to a jury trial regarding disputes related to this Agreement.

22. International Users and Choice of law.

This Site is controlled, operated and administered by ShopstixInc. from its offices within Canada. Neither the Company nor any of its affiliates makes any representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada and access to them from territories outside of Canada is prohibited. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the materials accessible through this Site in violation of applicable export laws and regulations. This Agreement shall be deemed to have been made and performed exclusively in the Province of Ontario, Canada and shall be governed by and construed under the laws of the Province of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You submit to the exclusive jurisdiction of the courts in the Province of Ontario for any claim related hereto or arising here from and agree not to bring any action, claim, suit or proceeding against Shopstix Inc. (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.

23. Time for Bringing Suit.

Any legal proceeding arising from or in connection with this Agreement, or any Service provided hereunder, must be brought within one (1) year after the event which is the subject of the proceeding has occurred, except to the extent that such action arises from claims which are subject to an express indemnification obligation therein.

24. No Waivers.

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

25. Notices.

All notices, requests, demands and other communications required or permitted under this agreement shall be deemed to have been duly made and received when personally served, or when mailed by first class mail. Except as explicitly stated otherwise, and notices to AVShop.ca and ShopstixInc. shall be given by postal mail to:

AVShop.ca – Shopstix Inc.
1 - 235 Hood Rd
Markham, Ontario
L3R 4N3
Canada

26. Entire Agreement.

These Terms, along with the confirmation e-mail referenced in Section 3 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site's "Privacy Policy" shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.