Terms And Conditions
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE
“doorshoppers.com” is the official website of Doorshoppers. By accessing this website, you agree to be bound by this website's Terms and Conditions, all applicable laws, including local laws, and regulations. If you do not agree with any of the Terms and Conditions, refrain from using the website. The materials on this website are protected by all applicable copyright and trademark laws.
Doorshoppers may, in its sole discretion and for any reason, modify, edit, or alter the Terms and Conditions without a prior notice or liability to you or any other person, by posting revised Terms and Conditions at “doorshoppers.com”. Your continued use of the website signifies your acceptance of and compliance with such revised Terms and Conditions; thus, please make sure to revisit the website frequently for any changes in the Terms and Conditions and other important notices.
The entirety of the “doorshoppers.com” website, including its design, all text, content, and graphics (and the selection and arrangement thereof) are the property of Doorshoppers, and/or its various subsidiaries, affiliates, third party providers, and distributors (hereafter referred to as "Third Parties"), and are protected under the copyright laws of Canada and the United States of America.
LICENSING
Permission is granted to view this website and to print individual pages from this website for your own personal non-commercial use, provided that you agree to and accept, without modification, the notices and terms and conditions set forth in this agreement. This is the grant of a license, not a transfer of title, and, under this license, you may not:
(i) modify or copy the materials;
(ii) use the materials for any commercial purpose(s), or for any public display (commercial or non-commercial);
(iii) attempt to decompile or reverse engineer any software contained on the website, “doorshoppers.com”;
(iv) remove any copyright or other proprietary notations from the materials; or
(v) transfer the materials to another person or mirror the materials on any other server.
Unauthorized use of “doorshoppers.com” and/or the content contained on “doorshoppers.com” may violate applicable copyright, trademark, or other intellectual property laws, or other laws. The use of said content on any other website or in any environment of networked computers is prohibited.
Doorshoppers shall terminate the aforementioned license, at any time, should you violate any of these restrictions. Upon termination of your license, you must destroy any and all downloaded materials in your possession, both in electronic and printed format.
DISCLAIMER
The materials on the “doorshoppers.com” website are provided as is. Doorshoppers makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including (without limitation): implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violation of rights.
Furthermore, Doorshoppers does not warrant or make any representations concerning the accuracy, likely results, or reliability of (the use of) the materials on doorshoppers.com or otherwise relating to materials found on any website linked to doorshoppers.com.
LIMITATIONS
In no event shall Doorshoppers or its suppliers be liable for any damages (including, without limitation, damages to loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website, even if Doorshoppers or its authorized representative has been notified orally or in writing of the (possibility of such) damage. Some jurisdictions do not allow limitations on (implied) warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
YOUR ACCOUNT
Your “doorshoppers.com” website account may be accessed only by use of your login name and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them.
If you use this site, you must immediately notify Doorshoppers of any unauthorized use of your login name or password, or if you know or suspect that your login name and/or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
MINORS
Doorshoppers does not sell products to minors; only to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use “doorshoppers.com” only with the consent of a parent or guardian. Doorshoppers reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at any time, at their sole discretion.
PRODUCTS
Doorshoppers displays products available for purchase in Canada and the United States at “doorshoppers.com”; however, not all products are available at all times and may be changed, substituted, or discontinued at any time.
Certain products may be the subject of third-party warranties offered by its manufacturers or providers. Warranty information regarding products is available online on the vendor's website or may be provided by contacting the vendor directly.
We reserve the right to limit quantities to the amount reasonable for homeowners, contractors, and commercial customers.
REVISIONS AND ERRATA
Doorshoppers attempts to be as accurate as possible. However, the materials appearing on the website could include technical, typographical, or photographic errors. Doorshoppers does not warrant that any of the materials on its website are accurate, complete, or current. Doorshoppers may make changes to the materials contained on its website at any time without a prior notice. Doorshoppers does not, however, make any commitment to update the materials.
We have also made every effort to display, as accurately as possible, the colors and finishes of our products that appear on the website. However, as the actual colors you see will depend on your monitor and/or screen, we cannot guarantee that your monitor's display of any color or finish will be accurate.
In the event of an advertising or pricing error, we will make every reasonable effort to accommodate our customers, while reserving the right to make price corrections. If a price correction must be made, we will give you the opportunity to accept the corrected price, or to cancel the purchase.
LINKS
Doorshoppers has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply its endorsement by Doorshoppers at the website “doorshoppers.com”. Use of any such linked website is at the user's own risk.
DoorShoppers.com may contain links to websites owned or operated by Third Parties. Such links are provided for your reference only. DoorShoppers.com does not control outside sites and is not responsible for their content nor their conformity to applicable laws.
CONTRACT:
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Agreement to Sell the parties to this Agreement agree as follows:
SALE OF GOODS
1. The Seller will sell, transfer and deliver to the Buyer the following goods, and perform the below services (the “Goods”):
- refer to the order
2. The Seller will provide the following services to the Buyer:
- refer to the order
PURCHASE PRICE
3. The Buyer will accept the Goods and pay for the Goods.
4. The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the Purchase Price specified in this Agreement, the amount of any present or future use, excise, or similar tax applicable to the sale of the Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with a tax exemption certificate acceptable to the applicable taxing authorities.
5. The Purchase Price is inclusive of sales tax, and is payable by the Buyer unless the Buyer provides the Seller with a tax exemption certificate acceptable to the applicable taxing authorities, in which case the amount of sales tax will be subtracted from the Purchase Price payable by the Buyer.
6. The Buyer and the Seller agree that the Purchase Price is final and must not be adjusted for any market and market prices fluctuations.
PAYMENT
7. The Buyer will make payment for the Goods at the time when the Seller notifies the Buyer that the payment is due.
DELIVERY OF GOODS
8. The Goods will be deemed received by the Buyer when delivered to the Buyer at Address. The method of shipment will be within the discretion of the Buyer. However, the Seller will only be responsible for the lesser of truck freight or rail freight to the Buyer.
Risk of Loss
9. The risk of loss from any casualty to the Goods, regardless of the cause, will be on the Seller until the Goods have been received by the Buyer. The Buyer will provide, at its expense, insurance on the Goods insuring the Seller’s and the Buyer’s interest as they appear, until payment in full to the Seller.
WARRANTIES
10. The Seller warrants that: (1) the Seller is the legal owner of the Goods; (2) the Seller has the right to sell the Goods; and (3) the Seller will warrant and defend the title of the Goods against any and all claims and demands of all persons.
11. The Seller warrants that the Goods will be fit for the purpose for which such goods are ordinarily intended.
12. The Seller warrants that the Goods are now free and at the time of delivery will be free from any security interest or other lien or encumbrance, except the security interest created in this Agreement until the Seller is paid in full.
13. The Seller warrants that the Goods will be delivered free of the rightful claim of any person arising from patent or trademark infringement.
14. EXCEPT FOR THE ABOVE WARRANTIES, NO OTHER WARRANTY (WHETHER EXPRESSED, IMPLIED OR STATUTORY) IS MADE BY THE SELLER REGARDING THE GOODS. The Seller’s above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.
15. The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition.
TITLE
16. Title to the Goods will remain with the Seller until delivery and actual receipt of the Goods by the Buyer or, in the alternative, the Seller delivers a document of title or registrable bill of sale of the Goods, bearing any necessary endorsement, to the Buyer.
Security Interest
17. The Seller retains a security interest in the Goods until paid in full.
INSPECTION
18. Inspection will be made by the Buyer at the time and place of delivery.
19. Any refund will not include costs of delivery or installation/de-installation. Those costs will be borne by the Buyer.
CLAIMS
20. The Buyer’s failure to give notice of any claim within 10 (ten) days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.
Excuse for Delay or Failure to Perform
21. The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.
REMEDIES
22. The Buyer’s exclusive remedy and the Seller’s limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
CANCELLATION
23. The Seller reserves the right to cancel this Agreement:
a. if the Buyer fails to pay for any shipment when due;
b. in the event of the Buyer’s insolvency or bankruptcy; or
c. if the Seller deems that its prospect of payment is impaired;
d. if the Buyer fails to furnish an acceptable form of payment upon first request made by the Seller.
NOTICES
24. Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail:
ADDITIONAL PROVISIONS
25. Warranty claim procedure. If the Buyer suspects a defect in material or workmanship which may justify a warranty claim, the Buyer is advised to send the below information to the Seller’s email at “info@doorshoppers.com”:
a) email subject line: Warranty Claim;
b) buyer’s name and complete address;
c) attached clear digital pictures of a suspected warranty defect(s).
d) description of the issues.
More information on the warranty is accessible online on the website “doorshoppers.com”.
26. In cases when the Buyer is unable to return the Goods to the Seller, regardless of the warranty claim status, the Seller reserves the right to replace the Goods at the Buyer’s sole expense.
27. Acceptance by the Seller of any renewal or collateral notes or the recovery of any judgement against the Buyer shall in no way affect the right of the Seller to repossession and sale of the Goods and loss of destruction of the Goods shall not release the Buyer from payment in full.
28. The Buyer becomes liable for any costs associated with account collection and other charges incurred as a result of default in payment. In the event that the Buyer does not meet payment in full as required herein when due or is in the breach of the Seller’s payment terms, the Seller reserves the right to suspend or void any warranty of the Goods and to pursue legal actions at the Buyer’s expense.
29. Should the Buyer make default in payment hereunder, or violate any of its terms, or become bankrupt or insolvent, or sell or dispose of the said Goods contrary to the provisions of this Agreement, all installments shall immediately become due and payable , and the Seller may forthwith take possession of the Goods, and any accessories added thereto, without legal proceedings, and for such purposes may enter the premises without a prior notice and shall not be responsible for any damages caused thereby.
30. The Buyer cannot cancel this Agreement after its acceptance by the Seller beyond the cooling-off period provided in the Consumer Protection Act without reason or penalty.
GENERAL PROVISIONS
31. Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
32. All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement.
33. The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
34. This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
35. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the Province of Ontario.
36. If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
37. This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
38. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
39. Time is of the essence in this Agreement.
40.This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Seller as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.
THE PARTIES HAVE EXECUTED THIS AGREEMENT TO SELL on refer to the above.
Revisited: March 1, 2024
