Website Terms of Use (Shopify Generic)
OVERVIEW
This website is operated by TA Appliances. Throughout the site, the terms “we”, “us” and “our” refer to TA Appliances. TA Appliances offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TA Appliances, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TA Appliances and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of TA Appliances & Barbecues 932 Victoria St. N., Kitchener, ON, N2B1W4, Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at gwitzel@taappliance.com.
Privacy Policy
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://www.taappliance.com (the “Site”).
Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at ta_help@taappliance.com or by mail using the details provided below:
932 Victoria ST N, Kitchener, ON, N2B1W4, Canada
Online Purchase Terms and Conditions
These Purchase Terms and Conditions govern any online purchase you make through the TA Appliances website. By placing an order for a product through the TA Appliances website, you acknowledge and signify that you have read, understand and agree to these Purchase Terms and Conditions. If you do not agree to these Purchase Terms and Conditions, then you may not place an order for a product through the TA Appliances website.
These Purchase Terms and Conditions are in addition to the TA Appliances Website Terms of Use, which govern your use of the TA Appliances website.
YOUR ACCEPTANCE OF THESE TERMS
These Purchase Terms and Conditions govern any purchase you make through the TA Appliances website and are a binding agreement between you and TA Appliances. Each time you place an order for a product through the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Purchase Terms and Conditions. If you do not unconditionally accept and agree to these Purchase Terms and Conditions, then you may not place an order for a product through the Website. If any other terms and conditions apply to a purchase you make through the Website, to the extent there is any conflict or inconsistency between those terms and conditions and these Purchase Terms and Conditions, then these Purchase Terms and Conditions will take priority and govern.
ORDERS
All products on the Website are invitations to purchase and not offers to sell. Your properly completed and submitted order constitutes your offer to purchase each product referenced in your order. After you place an order: (a) you will receive an automatic email confirming that TA Appliances has received your order; and (b) TA Appliances will contact you to confirm the details of your order, including details regarding shipping or delivery, additional services & the addition of any applicable accessories or Protection/Replacement Plans. Following TA Appliances’ confirmation of the details of your order, TA Appliances will send you an invoice for your order, which is deemed to be TA Appliances’ acceptance of your order. TA Appliances may require additional verification or information from you before accepting your order.
ORDER RESTRICTIONS
You may not submit an order for a product if you are under the age of majority in the jurisdiction in which you reside or if you cannot form a legally binding contract. TA Appliances reserves the right, in its sole discretion, to: (a) limit the quantity of any product purchased per person, per household or per order; and (b) prohibit the purchase of any product by an actual or suspected dealer or reseller.
ORDER ACCURACY
It is your responsibility to verify all your product specifications to the requirements and openings in your home and product site. Specifications are for planning purposes only and subject to change by manufacturer without notice. TA Appliances will not be responsible for products that do not fit or that cannot be installed due to site limitations.
ACCOUNTS
TA Appliances may permit you to make an account to facilitate your use of the Website and orders you make for products on the Website. If you make an account, you: (a) are fully responsible and liable for all use of your account (including the transactions made using your account, the information you provide in connection with your account and the confidentiality of your password and other account information); (b) represent and warrant that all information you provide in connection with your account is true, accurate, current and complete; and (c) acknowledge that your account may be suspended or deactivated by TA Appliances or otherwise become unavailable at any time and without any notice to you.
PRICES AND OTHER FEES
All prices for products appearing on the Website are quoted in Canadian dollars, and are exclusive of all taxes and shipping, delivery, removal of old appliance and any other additional delivery service fees. You acknowledge that all prices for products are guaranteed only for nine (9) months from the date of your order, after which prices may be subject to change depending on changes to manufacturer pricing. If you place an order for a product more than nine (9) months in advance, the price for your product may increase before you take possession of your product.
An estimate of applicable taxes are provided to you at the time you place your order. However, those taxes are calculated as of the time of delivery or pickup, and may be subject to change (such as if the government raises the GST rate). If applicable taxes increase before your order has been delivered or picked up, you will be charged the difference at time of delivery or pickup.
There may be additional fees for shipment or delivery out of standard delivery areas, for shipment or delivery of oversize or heavy items, or where certain in-home additional services are performed during the delivery process (e.g. removing existing appliances from the home).
PAYMENT
By placing an order for a product through the Website, you agree to pay to TA Appliances the total amount set out in your order, including the product purchase price, applicable taxes and applicable shipping, delivery, services, removal fees, etc.
When you place an order for a product through the Website, your form of payment will be authorized and charged as of the date the order is placed. If you are required to pay additional taxes, or you choose to add any additional products, services or Protection/Replacement plans, then you consent to TA Appliances charging your form of payment at time of order verification.
PROMOTIONS, DISCOUNTS AND PRICE MATCH GUARANTEE
TA Appliances may offer promotions or other discounts from time to time. If TA Appliances offers promotional or discount pricing for a product, the promotional or discount price takes effect as of midnight EST on the advertised date. Additional terms and conditions may apply.
TA Appliances offers a price matching guarantee in accordance with the TA Appliances Price Matching Policy, which is incorporated by reference into these Purchase Terms and Conditions.
SHIPPING, DELIVERY AND IN-STORE PICKUP
TA Appliances will provide shipping and delivery, or make the product available for in-store pickup at a TA Appliances store or warehouse, in accordance with the TA Appliances Shipping, Delivery and Pickup Policy, which is incorporated by reference into these Purchase Terms and Conditions.
APPLIANCE REMOVAL
The removal of an old appliance is on a one-for-one basis, at the time of delivery. Additional charges apply and service must be noted on invoice. TA reserves the right to refuse this service at time of delivery if deemed unsafe and service charge will be refunded.
CANCELLING ORDERS
TA Appliances may refuse or cancel an order or any portion thereof for any reason and at any time before TA Appliances have shipped it to you, including if: (a) a product is or becomes unavailable; (b) TA Appliances places a limit on the quantity of a product purchased per person, per household or per order; (c) product or price information contained an inaccuracy or error; (d) a product recall has been issued in respect of the product you have ordered; (e) TA Appliances have identified an actual or suspected fraud in connection with your order; (f) the information in your order is incomplete or inaccurate; or (g) your order does not comply with these Purchase Terms and Conditions or applicable law. TA Appliances will send you an email notification if TA Appliances cancels your order.
To request an order cancellation, you may contact TA Appliances using the contact information set out in your order confirmation email. TA Appliances may, but is not obligated to, accept or reject any order cancellation request not made in accordance with applicable provincial consumer protection laws, if any. Order cancellations may be subject to a restocking fee.
RETURN POLICY
TA Appliances will accept returns in accordance with the TA Appliances Return Policy, which is incorporated by reference into these Purchase Terms and Conditions.
REFURBISHED, OPEN-BOX AND FLOOR MODEL PRODUCTS
TA Appliances may make available for purchase on the Website certain discounted products, including: (a) refurbished products (i.e. products that have been returned, repaired and tested to ensure they will perform as new); (b) open-box products (i.e. products that are brand new and unused that may contain scratches, dents or other cosmetic imperfections, although original packaging may be altered, removed or replaced); and (c) Floor Model products (i.e. products that may contain scratches, dents or other cosmetic imperfections but will perform as new). In each case, TA Appliances will identify these discounted products on the Website and the reason for the discounted price.
The manufacturer’s warranty may still apply to some of these discounted products. In some cases, TA Appliances may offer a time limited warranty for a discounted product for an additional fee.
Except to the extent covered by a warranty (if any), all discounted products are sold as-is, as-available and with all faults, and all sales are final. Each discounted product must be picked up in-store or are able to be delivered within (a) thirty (30) days of receipt of your invoice from TA Appliances for any Refurbished or Open-Box products or (b) seven (7) days of receipt of your invoice from TA Appliances for any Floor Model products in respect of the discounted product.
SPECIAL BUYS AND CLEARANCE PRODUCTS
TA Appliances may make available for purchase on the Website certain discounted products, including: (a) Clearance Products (i.e. products that are new in a box with a reduced price for a limited quantity because they have been discontinued by the manufacturer); and (b) Special Buy “HOT BUY” products (i.e. products that are brand new in a box with a reduced price for a limited quantity). In each case, TA Appliances will identify these discounted products on the Website and the reason for the discounted price.
The manufacturer’s warranty will still apply to these discounted products.
Each discounted product must be picked up in-store or are able to be delivered within (a) thirty (30) days of receipt of your invoice from TA Appliances for any Clearance products or (b) sixty (60) days of receipt of your invoice from TA Appliances for any Special Buy “HOT BUY” Products in respect of the discounted product.
FINAL SALE PRODUCTS
TA Appliances deems all Ventilation Products and accessories, Water Filters, Spices & Sauces as FINAL SALE. As well any other products as specified to you during the order verification process as deem by TA, at their sole discretion.
CURRENCY/ERRORS AND PRODUCT AVAILABILITY
The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all products available on the Website. The information and content on or available through the Website might not be accurate, current or complete, and misprints, errors, inaccuracies or omissions (including incorrect specifications for prices, products and services) or other errors might not be corrected. TA Appliances cannot guarantee that products advertised on the Website will be available when ordered or thereafter and does not warrant that the content of the Website (including specifications for prices, products, photographs and colours) is accurate or complete. Prices for products on the Website may differ from prices for products available in-store. TA Appliances does not accept any liability for any information or content on or available through the Website.
TA Appliances reserves the right to (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products advertised on the Website, the specifications for prices and products, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place, through the Website or otherwise; and (d) limit quantities available for sale or sold.
MANUFACTURER’S WARRANTIES AND PROTECTION/REPLACEMENT PLANS
Certain products may have product warranties provided by the manufacturer. You acknowledge that: (a) the product warranty is provided by the manufacturer and not TA Appliances and that TA Appliances disclaims any and all responsibility for the product warranty; (b) you were able to access full particulars of the product warranty at the time you purchased the product; and (c) the product warranty is limited to the service or repair of the product by the manufacturer during the warranty period expressly set out in the product warranty.
In certain circumstances, you may also be able to purchase a Protection/Replacement Plan for a product. If you purchase a Protection/Replacement Plan, you acknowledge that the coverage is provided by a third party (Comerco) and not TA Appliances and that TA Appliances disclaims any and all responsibility for the Protection/Replacement Plan.
In each case, you acknowledge that additional terms and conditions apply to the manufacturer’s warranty or Protection/Replacement Plan (as applicable) that are separate and do not form any part of these Purchase Terms and Conditions.
EXCLUSION OF LIABILITY
In no event and under no circumstances will TA Appliances be liable to you or any other person for damage or loss (including direct, indirect, incidental, consequential, special, punitive or exemplary damage or loss or loss of use) arising from, in connection with or relating to: (a) your use of the Website; (b) any information on the Website, including product and price information; (c) any order submitted through the Website, including any unauthorized access to or alteration of any information you submit in an order; and (d) any product purchased through the Website or its use, suitability or availability. You agree to follow all applicable manufacturer's use and maintenance instructions. Without limiting the generality of the foregoing, TA Appliances is not liable for damage or in operation resulting from accident, alteration, misuse, abuse or improper installation or maintenance of a product.
CHANGES TO THESE PURCHASE TERMS AND CONDITIONS
TA Appliances may change these Purchase Terms and Conditions at any time and from time to time, without any prior notice, by posting the changed Purchase Terms and Conditions on the Website at www.taappliances.com/terms-of-use. The changed Purchase Terms and Conditions are effective immediately on posting on the Website, unless the changed Purchase Terms and Conditions expressly state otherwise. It is your responsibility to regularly check the “Last Updated” date at the top of these Purchase Terms and Conditions and review any changes since the previous version. By placing an order through the Website after these Purchase Terms and Conditions have been changed by TA Appliances, you signify your unconditional acceptance and agreement to be bound by the changed Purchase Terms and Conditions.
IF YOU DO NOT ACCEPT AND AGREE TO THESE PURCHASE TERMS AND CONDITIONS, THEN YOU MAY NOT PLACE AN ORDER FOR A PRODUCT THROUGH THE WEBSITE.
OUR PRICE MATCHING POLICY
At TA Appliances & Barbecues, you can buy with confidence knowing that you are receiving the best price, value, and service in our market. Within 30 days of delivery, if you find the identical product and service at the same terms from a local authorized dealer, just bring or mail us proof of the lower price, and we’ll refund 110% of the difference!
HOW IT WORKS
If you find a lower price (the “Competitor Price”) advertised by a competitor for a product (the “Competitor Product”) that is the same brand and model of the product you have purchased or will purchase from TA Appliances, then subject to the terms of this Price Matching Policy, TA Appliances will match the Competitor Price and refund 110% of difference.
You must contact your local TA Appliances and speak to a Sales Associate to request a price match. If you have not yet ordered your product, please inform your Sales associate of the price match prior to placing your order. If you have already ordered your product, you must contact your TA Appliances Sales Associate to request a price match within 30 days of delivery.
When you contact your Sales Associate to request your price match, please provide the following:
Once you provide the above information, your Sales Associate will confirm if this Price Matching Policy applies to your product. TA Appliances may request additional information from you (contact and payment card information) prior to confirming this Price Matching Policy applies or providing you with the requested price match.
The refund of 110% of the difference of our price vs the competitor price will be issued as the same payment type processed on the original purchase invoice for said product.
RESTRICTIONS
This Price Matching Policy is subject to the following restrictions:
TA Appliances may refuse any price match request that does not comply with this Price Matching Policy, as determined by TA Appliances in its sole discretion.
CHANGES TO THIS POLICY
TA Appliances may change this Price Matching Policy at any time and without prior notice. The version of this TA Appliances Price Matching Policy that applies to your price match guarantee is the then-current version at the time TA Appliances processes your price match request.
CONTACTING US
If you have any questions about this Price Matching Policy or a price match request, please contact your TA Sales Associate.
