Quinco & Cie Inc. operates TheSmartTiles.com store Website. The use of the Website is governed by the following terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By using TheSmartTiles.com, you acknowledge having read and understood these conditions. If you do not wish to be bound by these terms and conditions, you shall not use TheSmartTiles.com and order products through TheSmartTiles.com.
Terms and Conditions of Sale
The following terms and conditions shall supersede any other terms and conditions incompatible with the Buyer’s purchase order. The present agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof between the parties. This agreement shall replace and cancel any prior agreement, representation or contract.
- The term « Seller » refers to QUINCO & CIE INC., « Buyer » to the other party to the present agreement and « Products » to Smart Tiles.
- The Seller guarantees the Products for a period of thirty (30) days starting from the date of purchase. This guarantee applies only to design or manufacture defects, excluding any hue or color change, and is limited to the replacement of the defective goods or to the refund of the purchase price paid, to the Seller’s discretion.
- Any claim resulting from defective goods shall remain subject to the transmission by the Buyer of a ten (10) day prior written notice to the Seller describing the defect, along with a proof of purchase.
- The Seller’s liability excludes all indirect damages, such as, including but not limited to, installation or replacement costs, damages resulting from a delay in the delivery or execution of the works, any loss of use and all troubles and inconveniences resulting from the above. The Seller’s liability is also limited to the purchase price paid, excluding taxes and transportation or delivery fees.
- The Seller cannot be considered in default in the execution of its obligations herein if such execution is delayed, prevented or hindered, for any cause independent from the Seller’s direct and exclusive will, and that he could not reasonably prevent and which includes severe weather, any act of God, strike, partial or complete closedown, lock-out, fire, flood, riot or intervention by civil or military authorities.
- This Agreement shall be governed by and construed exclusively in accordance with the laws of the Province of Québec and the laws of Canada applicable therein, to the exclusion of any applicable provision of private international law. In the case where a provision is declared illegal, invalid or unenforceable, this declaration shall not affect the other provisions of the agreement, these provisions being severable and enforceable, and shall remain valid and continue to bind the parties.
- The parties irrevocably agree to submit any dispute resulting from this agreement to a competent court in the judicial district of Montreal, (Québec), to the exclusion of any other judicial district.
Limitation of Liability
The Site and its elements are provided on an “as is” basis, without warranties of any kind, express or implied. TheSmartTiles.com, its related companies, directors, employees, representatives or agents may not, under any circumstances, be held responsible for any damages related, directly or indirectly, to use of the Site. TheSmartTiles.com website content including texts, graphics and pictures are only informational and educational in nature.
Restrictions Related to Use
Except as specified in one or another section of TheSmartTiles.com, it is prohibited to copy, reproduce, distribute, publish, translate, download, display or transmit by any means any element of TheSmartTiles.com for commercial reasons without prior written permission of TheSmartTiles.com. It is permitted to display or download TheSmartTiles.com elements, but only for non-commercial purposes and only as long as they are not modified.
Website Operation Location
TheSmartTiles.com is operated from its office located in Canada. Those choosing to use TheSmartTiles.com do so on their own initiative, and it is their responsibility to abide by all applicable local laws. Any claim related to the Site and the elements it contains, or arising from use of the Site, is governed by the applicable laws in the territory of the Province of Quebec.
The prices on the online store may differ from the prices in stores.
TheSmartTiles.com does not guarantee in any case the availability in inventory of products offered. If TheSmartTiles.com is unable to deliver one or some of the products ordered due to insufficient inventory, TheSmartTiles.com will send out a warning by e-mail and give the following options:
- Maintain the order and ship it when the products become available
- Cancel part or all of the order containing unavailable products
TheSmartTiles.com will not under any circumstances be held responsible for any damage caused by insufficient inventory.
Cancellations and returns
Official information about cancellations and returns can be found here:
UNITED STATES: http://www.thesmarttiles.com/en_us/cancellations-and-returns/
Last Update: May 25, 2016.