Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (the "Terms of Sale") CAREFULLY BEFORE PURCHASING FROM THIS SITE OR PERMITTING YOUR CHILD TO PURCHASE FROM THIS SITE.
This Website is owned and operated by Metafore Technologies Inc. ("Metafore").
By placing an order on Metafore’s Website (the "Website") or if customer placed an order by other means, by accepting delivery of products and services described in Metafore’s invoice or other Metafore documentation, customer accepts and agrees to the Terms of Sale contained herein, unless customer and Metafore have signed a separate written agreement of purchase and sale, in which case such agreement will govern.
The Terms of Sale, together with your order information, constitute the entire agreement between customer and Metafore with respect to the purchase of products or services by customer from Metafore on the Website, and constitute a binding contract between customer and Metafore. Any additional or different terms in any forms delivered by customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given and any such attempt to alter, modify or replace these terms and conditions will be null and void and of no effect, unless explicitly agreed to in writing by Metafore.
Customer consents to receiving electronic records, which may be provided via a Web browser or email application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Metafore at the address provided below.
Customer may issue a purchase order for administrative purposes only. Any terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms of Sale or any purchase order or invoice related thereto.
The Terms of Sale will be governed by and be construed in accordance with the laws of the province of Quebec without regard to conflict of law provisions, and the laws of Canada applicable therein. Customer agrees that any litigation related, directly or indirectly, to an order, will be submitted to the jurisdiction of the courts located in Montreal, Quebec.
A printed version of these Terms of Sale and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Accuracy of Information, Orders, Pricing and Payment Terms
Metafore seeks to provide current and accurate information on its Website. However, sometimes misprints or other errors occur. Accordingly, Metafore reserves the right to reject, correct, cancel or terminate any order for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. We reserve this right at any stage of the ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card has been charged, Metafore will issue you a credit to your credit card account for the amount of the charge. We stress that to provide you with a credit, as applicable, is our only obligation to you. We are in no way obligated to sell to you products based on errors or misprints. Your order shall be accepted by Metafore only if and when we send you a notice confirming our acceptance of your order, including a sales order reference number.
All pricing is subject to change. Metafore reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, and errors in advertisements.
Prices quoted do not include applicable shipping charges, as well as applicable federal and provincial taxes. Customer is responsible for all applicable shipping charges, and for all applicable taxes associated with the order. Unless customer provides Metafore with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Metafore's acceptance of the order, the customer is responsible for sales and all other taxes associated with the order.
Terms of payment are within Metafore's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Metafore may invoice customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of: one and one-half percent (1 1/2%) per month (19.56% per year) or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Metafore harmless from any applicable sales, use, value-add, goods and services, harmonized sales or other taxes, fees, assessments, levies or other amounts, including without limitation any environmental fees or waste disposal assessments or levies, whether provincial, federal or other applicable governmental level, associated with the order. Customer must claim any exemption from tax and, if applicable, from any fees, assessments or levies, at the time of purchase and provide the necessary supporting documentation. Any sales, use, value-add, goods and services, harmonized sales or other applicable tax, and any fees, assessments or levies are based on the location to which the order is shipped. In that regard, Metafore may require customer to provide a declaration declaring and certifying the location of the supply of the product. In the event of a payment default, customer will be responsible for all of Metafore's costs of collection, including court costs, filing fees and legal fees.
Product Availability, Delivery and Export
All orders are subject to product availability. Consequently, Metafore cannot guarantee that it will be able to fulfill customer's orders, and reserves the right, without liability or prior notice, to revise or cease to make available any or all products. Metafore will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labour problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by Metafore are estimates only.
If there is any revision to or cessation of products, Metafore may, with customer's consent, ship products which have functionality and specifications similar to the products originally ordered. Customer will be given the opportunity to either reject or accept the substitute product and price for the substitute product, which may differ from the price of the original product.
Metafore will only ship orders placed on the Website to Canadian destinations. Products ordered and/or obtained by customer from Metafore may be subject to Canadian and/or U.S. government export control laws and regulations. Customer will comply with such regulations whenever it exports or re-exports controlled products or technical data obtained from Metafore. In addition, customer acknowledges that manufacturers' warranties for products may vary or may be null and void for products exported or used by customer outside of Canada.
Title and Risk of Loss or Damage
Title and risk of loss shall pass to customer upon shipment from Metafore's facility. Metafore may deliver the products ordered in installments. Any delivery or shipment dates given by Metafore are estimates only and Metafore is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
Notwithstanding the foregoing, title to any and all software products will remain with the applicable licensor(s) and customer's rights therein are contained in the license agreement between such licensor(s) and customer. Metafore retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Warranties and Limitation of Liability
Customer understands that Metafore is not the manufacturer of the products purchased by customer hereunder and the only warranties offered are those of the manufacturer, not Metafore and not any affiliate of Metafore. In purchasing the products, customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Metafore or any of its affiliates. In connection with services, neither affiliates of Metafore nor third party service providers are agents of Metafore, and Metafore has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
Metafore, ITS PARENT ENTITIES AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OR CONDITIONS RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR THAT THE PRODUCTS OR SERVICES WILL MEET CUSTOMER'S NEEDS OR WILL BE ERROR-FREE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
NEITHER Metafore NOR ITS PARENT ENTITIES OR AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER Metafore NOR ITS PARENT ENTITIES OR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY Metafore, ITS PARENT ENTITIES OR ITS AFFILIATES, NEITHER Metafore NOR ITS PARENT ENTITIES OR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $50,000.
Third Party Services
Customer acknowledges and agrees that, in some instances, Metafore is a reseller of services and is not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to customer. In those cases, customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Metafore, its parent entities and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers.
If customer receives damaged product, please refuse the product upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. In the event of a product delivery issue, please notify Metafore immediately by contacting your inside sales representative at 1-866-305-3854 within 48 hours of receipt. Failure to do so may limit Metafore’s ability to remedy the situation.
Metafore strives to ensure that you are completely satisfied with your purchase. Metafore’s return policy and procedures are intended to assist you in the event that there is a problem with your purchase. Metafore will authorize the return or exchange of products within five (5) days of your original purchase date, in accordance with the following terms and conditions:
- Returns are restricted to new, factory sealed boxes or defective product only. All non-defective returns are subject to a restocking fee of 10% of the purchase price.
No returns will be accepted for non-compatibility issues. No returns will be accepted for memory components or memory modules such as hard drives and memory upgrades or video cards. Refurbished items are sold "as is" and warranty or repair issues or questions should be directed to their original manufacturers. No returns will be accepted for opened software, unless defective. No returns will be accepted on computers that have been upgraded (sound card, video card, memory).
Due to copyright laws, all software, including CDs and DVDs in opened packages, may only be exchanged for the same item (i.e., no refunds). Defective software will be exchanged for the same title.
Liquidation or clearance items, special order products, open printer toner and ink cartridges are not eligible for return.
- All products are sold under manufacturer warranty. Please contact the product manufacturer for more details. Be sure to fill out and return all product warranty registration cards immediately to ensure coverage under the manufacturer's warranty.
All defective products will be repaired or replaced according to the original manufacturer's warranty terms and conditions.
Due to manufacturers' warranty and return policies, products from the following manufacturers are deemed to be repair only: Apple, Hewlett-Packard (Compaq), IBM, and Toshiba. Metafore may not accept returns for these manufacturers’ products for exchange, replacement or credit. You should contact Metafore’s Customer Service department at 1-866-305-3854, or by e-mail at firstname.lastname@example.org in the event that product from one of these manufacturers is inoperable.
- Eligible product must be returned within 5 days of the original purchase date in its original condition and packaging (including factory sealed box, universal product code ("UPC"), all manuals & accessories), along with a copy of the Metafore invoice or sales receipt. All defective products will be repaired or replaced according to the original manufacturer's warranty terms and conditions.
- Returns will only be credited back to the original tender type.
- Shipping, delivery, installation and set-up fees are non-refundable.
All purchases are subject to a Return Merchandise Authorization ("RMA") process. To have a RMA number issued for a return, contact your inside sales representative at 1-866-305-3854. For faster service, please have the following information on hand when calling for an RMA number: order number, invoice number, serial number (if applicable) and the reason for the return.
You will be emailed within 2 business days with an RMA number or contacted if more information is needed. If an RMA is approved, you will receive shipping instructions and you will have 5 business days to return the product in its original packaging, including UPC codes, manuals and blank warranty cards, to the address provided. Returns that do not meet these requirements will be rejected.
The customer is responsible for shipping charges and risk of loss on all return shipments. For your protection, we strongly recommend you fully insure your return shipment in case of loss or damages. Please use a carrier that is able to provide you with proof of delivery.
All returns are subject to verification by Metafore and such verification may result in the rejection of the return, at Metafore’s sole discretion. No returns will be accepted without an RMA number and items received without an RMA number will be shipped back to the customer at the customer’s expense.
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
Metafore respects your right to privacy of your personal and account information and is equally committed to providing a trusted and secure environment. Please review our Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage your personal and account information.
How to Contact us
If you have any questions or comments regarding these Terms of Sale please contact us at 1-866-305-3854, by e-mail at Contact Us, or by mail at:
Terms and Conditions of Sale
9393 Louis-H. Lafontaine
Montreal, Quebec H1J 1Y8
Voir la version française des Modalités de vente du site Web.
© 2010 Metafore Technologies Inc. All rights reserved.
Last Updated January 7, 2010.