Pmart – Terms of Sales
1. Introduction and Legal Compliance
Welcome to Pmart. These Terms of Sales (“Terms”) govern your purchase of products from our business. By placing an order with us, you agree to be bound by these Terms.
We operate in accordance with all applicable federal, provincial, and territorial consumer protection laws in Canada. Your rights under these laws, including any statutory guarantees or warranties, cannot be excluded or limited by these Terms.
2. Product Information and Pricing
- Product Descriptions: We make every effort to ensure that our product descriptions, images, and specifications are accurate. However, we do not warrant that product descriptions or other content are error-free, complete, or current. If you believe a product is not as described, your sole remedy is to return it in accordance with our Return Policy.
- Pricing: All prices are in Canadian Dollars (CAD) and are subject to change without notice. Applicable taxes (such as GST, HST, and PST) and shipping fees will be added at checkout.
- Pricing Errors: We strive to ensure all pricing on our website is accurate. In the event of a pricing error, we are not obligated to sell the product at the incorrect price. If an error is discovered after your order is placed, we will notify you and give you the option to either purchase the product at the correct price or cancel your order for a full refund.
3. Order Acceptance and Contract Formation
- Order Confirmation: When you place an order, you will receive an email confirming receipt of your order (“Order Confirmation”). This email is a record of your order and does not constitute our acceptance of it.
- Acceptance of Order: The contract for the sale of goods is formed only when we dispatch the product and send you a shipping confirmation email. We reserve the right to decline any order for any reason, including but not limited to product availability, pricing errors, or suspicion of fraudulent activity.
- Right of Cancellation: You may cancel an order at any time before it has been dispatched by contacting our customer service team. Once an order has been dispatched, it cannot be cancelled but may be returned in accordance with our Return Policy.
4. Payment Terms
- We accept various forms of payment as listed on our website.
- You represent and warrant that you have the legal right to use the payment method you provide to us. Your payment will be processed through a secure third-party payment gateway. We do not store your full payment card details on our servers.
5. Shipping and Risk of Loss
- Delivery: We will arrange for the delivery of products to the address you provide. Please refer to our separate Shipping and Delivery Policy for details on costs, timeframes, and tracking.
- Risk of Loss: The risk of loss or damage to a product passes to you upon delivery. This means that we are responsible for the product during transit, and if it is lost or damaged before it reaches you, we will resolve the issue.
6. Consumer Guarantees and Warranties
- Implied Warranties: Under Canadian law, there are implied warranties that apply to every sale. These include, but are not limited to, the implied warranty of merchantability (that the product is of acceptable quality) and fitness for purpose (that the product is fit for the purpose for which it was sold).
- Manufacturer’s Warranty: Many of our products come with a manufacturer’s warranty. Please refer to the documentation included with your product for details. A manufacturer’s warranty is separate from and does not limit your rights under Canadian consumer protection laws.
- No Exclusion of Guarantees: Any attempts to exclude or limit your rights under the provincial consumer protection acts are void.
7. Limitation of Liability
- To the fullest extent permitted by law, our liability for any loss or damage arising from the purchase of a product is limited to the purchase price of that product. We are not liable for any indirect, incidental, special, or consequential damages. This limitation does not apply to damages caused by gross negligence, willful misconduct, or where prohibited by law (e.g., in Quebec).
8. Governing Law and Jurisdiction
- These Terms and any disputes arising from them will be governed by and construed in accordance with the laws of the Province of [Insert a Province, e.g., Ontario] and the federal laws of Canada applicable therein.
- You agree to submit to the exclusive jurisdiction of the courts of the Province of [Insert Same Province] for any dispute relating to these Terms.
9. Contact Us
If you have any questions about these Terms of Sales, please contact our customer service team at sales@pmart.ca.