1. APPLICATION OF TERMS AND CONDITONS OF SALE
The following terms and conditions shall govern the sale by Spavaro ("USS" or "Seller") of orders for products and/or standard services (hereinafter "Product") sold to Customers located in Canada, unless Customer has signed a separate formal purchase agreement with USS. Certain additional terms may accompany the Product and shall apply. By using www.spavaro.com to make on-line purchases the Products, as defined herein, Customer agrees to be bound by and accepts these Terms and Conditions of Sale (referred to throughout as “Terms and Conditions”). USS reserves the right to add, delete or amend these Terms and Conditions without prior written notice at any time, at USS's sole discretion. “Customer” means any person ordering products from USS’s store for their own personal use and not for resale, either on-line or over the telephone, and who has not entered into a separate formal purchase agreement with USS.
2. QUOTES; ORDERS; PAYMENT TERMS
Subject to the terms contained in this section, any quotation provided by USS will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours. Although USS strives to provide accurate product and pricing information, errors or misprints may occur. Notwithstanding anything contained in this section 2, in the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, USS shall have the right, at our sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by USS for that Product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, USS may, at our sole discretion, contact you for instructions, cancel your order and notify you of such cancellation, terminate the purchase agreement and/or correct the error on our web site. Payment shall be made by credit card or some other pre-arranged method of payment acceptable to USS. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and USS shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. If Customer has requested and been approved for consumer financing, such financing will be provided through a third party financing service provider and Customer will be subject to the terms and conditions of such financing service provider.
3. PRODUCT AVAILABILITY
Product availability may be limited. Products ordered may not be available for immediate delivery. USS reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there are any revisions to or cessation of Products, USS may, with Customer’s consent, ship Products which have similar functionality and specifications 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.
4. PRICES, SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES
USS will only ship to Canadian locations. Not withstanding any shipping terms contained herein or any promotional shipping terms , USS may be unable to ship to remote regions of the Canadian provinces or territories . USS reserves the right to refuse or cancel orders where USS has no commercially reasonable shipping option, and USS shall not be liable to the customer for cancellation of such orders. USS will attempt to contact the customer to advise of such order cancellation. Products shipped may not be re-routed by customer. Prices quoted do not include charges for shipping and handling, and applicable federal and provincial taxes. Separate charges for shipping and handling, if applicable will be shown separately on the invoice. Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order. Unless Customer provides USS with a valid and correct tax exemption certificate applicable to the product ship-to location prior to USS's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except taxes on USS's net income. If applicable, a separate charge for taxes will be shown on USS's invoice.
USS's policy is one of on-going product update and revision. USS may revise and discontinue Products shown on our website at any time.
6. RETURN POLICIES
Please speak to one of our staff regarding return policy. ALL SKINCARE PRODUCTS ARE FINAL SALE.
From time to time, USS may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with USS's exchange policies in effect on the date of the exchange.
8. EXCLUSION AND LIMITATION OF LIABILITY FOR ANY BREACH OF THESE TERMS AND CONDITIONS, USS'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT WILL USS BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL DAMAGES OR ECONOMIC LOSS ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE OF THE PRODUCTS HEREUNDER, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OBLIGATIONS OR OTHER LEGAL THEORY. For the purposes of this Section 8, "USS" includes its employees, subcontractors, and suppliers.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to principles of conflict of law. Without limiting the foregoing, Customer and USS irrevocably and unconditionally: (a) agree that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be brought in the Ontario Superior Court of Justice, in the city of Toronto, (b) consents to the exclusive jurisdiction of such court in any such suit, action or proceeding ; (c) waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and (d) waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.