Terms and Conditions
Last Modified: March 2016
In consideration for permitting your access to our website, online store, the ability to place orders, receive product quotes, information and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of the WaxPro Technologies Inc., ("we", "us" or "our") website (the "Website") and our online store (the "Online Store") hosted at http://www.dispowax.com and related domains and sub-domains. WaxPro Technologies Inc. is a corporation incorporated pursuant to the laws of Canada.
We sell the DispoWax machine, which is a device for dispensing hot wax intended only for use by salons. WARNING: the DispoWax machine heats wax and during operation will contain heated components as well as hot wax which could cause damage and personal injury. The DispoWax machine must only be operated by personnel who possess appropriate waxing training and remain out of reach and control of children at all times.
THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE HEREIN, BEFORE USING THE WEBSITE, ONLINE STORE OR PLACING AN ORDER.
BY USING OUR WEBSITE AND ONLINE STORE, WHETHER OR NOT YOU BECOME A REGISTERED USER OR PAYING CUSTOMER, YOU, THE USER (HEREIN "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT:
- YOU ARE OF THE AGE OF MAJORITY; AND
- YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND ONLINE STORE AND CONTACT US IMMEDIATELY.
IF YOU ARE USING THE WEBSITE AND/OR ONLINE STORE, OR PLACING AN ORDER ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AS WELL AS TO YOURSELF INDIVIDUALLY.
FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN AGREEMENT WITH WAXPRO TECHNOLOGIES INC.
AS OUR WEBSITE AND ONLINE STORE CONTINUE TO CHANGE WE MAY MODIFY THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR ONLINE STORE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND ONLINE STORE. WE MAY ALSO SEND YOU AN ELECTRONIC NOTICE OF ANY SUCH AMENDMENTS.
Placing Order Inquiries Online & By Phone
Upon completing our online order inquiry form, a representative will contact you with a price quote. Unless otherwise specified, all price quotes, whether provided by email or otherwise, shall be available for acceptance for a period of 15 calendar days. Upon acceptance by you, all terms in the price quote shall be incorporated by reference herein.
We accept payment via certified cheque and wire transfer.
Shipping, Customs and Duty
All shipping costs, customs fees, duty, taxes and similar charges shall be at your expense and will be additional to any price quote received from us. United States and international orders may be subject to additional shipping costs, taxes, duty and customs charges at the time of delivery, regardless of estimated costs and fees in any price quote. You agree to pay any such shipping costs, customs fees, duty, taxes and similar charges.
While we cannot guarantee shipping times, the DispoWax typically has a lead time of approximately 4-6 weeks upon receipt of your payment.
We accept unused product returns within 30 calendar days of the date you received our product. A 20% restocking fee, calculated based on the price quote, will apply to any returned products. Shipping costs, including return shipping costs, shall be at your expense and are not refundable. Used products or products missing the original packaging are not refundable. Please contact us within 30 days of receiving your product to authorize your return. We do not accept any returns outside the 30-day period.
Prices are an Invitation to Treat
To the extent prices are listed on the Website or Online Store, they are subject to change without notice. Such prices listed online shall be deemed to be an invitation to make an offer and are subject to acceptance by us or you receiving and accepting a formal price quote. Even in the event of an automated acceptance by the Online Store, you agree that we shall have the opportunity to review and accept such orders prior to delivery.
If any information or terms posted to the Website or Online Store concerning price, refunds or cancellations are posted in error, we reserve the right to amend those terms prior to accepting your order. Misprints, errors, omissions (including incorrect product specifications) or other errors may sometimes occur. Accordingly, we reserve the right to:
- Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
- Change, at any time, the prices, fees, duties, taxes, charges and specifications, any promotional offers and any other content without any notice or liability to you or any other person; and
- Reject, correct, cancel or terminate any order, including accepted orders for any reason, including the availability of products ordered, without liability to you or any other person.
You agree to pay any and all sales taxes, customs and duties, whether Canadian or foreign, applicable to these Terms or arising from products purchased from us.
We may also use a third-party payment processor to process payments from (and to) you. The payment processor may have their own terms and conditions and privacy policies which apply to your payment transactions. You authorize the use of such payment providers and agree that we accept no responsibility or liability for their collection and storage of your payment details or personal information.
Proprietary Rights Notices
Our Website and Online Store contain open source and public domain content, licenced content as well as proprietary content owned by us and third parties. You are not permitted to copy, electronically scrape or distribute any content (including but not limited to text, images, videos or audio) on the Website or Online Store without our express consent.
All other contents of the Website and Online Store, including but not limited to computer code, is the property of WaxPro Technologies Inc. and/or our independent content providers and licensors, with all rights reserved.
Whether or not affiliated with sites that may be linked to our site, we are not responsible for their content (the "Linked Sites"). You access the Linked Sites at your own risk. We and other users may also provide links and references to material on other websites not owned or operated by us. Links found on our Website or Online Store are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding websites at your own risk.
WARRANTY AND ACCEPTANCE OF RISK
Upon purchasing a DispoWax machine, purchasers are granted a one-year warranty against manufacturer’s defects. Such warranty shall not cover ordinary wear and tear or any damages caused by you or any third party. A determination as to the cause of any damaged product or defect shall be at our sole discretion. Upon our confirmation that a DispoWax machine is covered by warranty, you may ship the product to us at your own expense. We will return a repaired or replaced DispoWax machine at our own expense. The decision to repair or replace a DispoWax machine covered by this warranty shall be in our sole discretion.
ASIDE FROM ANY WARRANTY EXPRESSLY PROVIDED ABOVE OR ON THE ONLINE STORE, EVERYTHING ON OUR WEBSITE AND ONLINE STORE, INCLUDING BUT NOT LIMITED TO THE DISPOWAX MACHINE, IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE THAT, WHILE WE STRIVE TO HAVE AN ERROR FREE AND UNINTERRUPTED ONLINE STORE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY (TORT, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, ONLINE STORE OR OUR PRODUCTS, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE TO RETURN THE PRODUCT(S) SUBJECT TO OUR RETURN POLICY AND DISCONTINUE ACCESSING AND USING THE WEBSITE AND ONLINE STORE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE, ONLINE STORE OR PRODUCTS, INCLUDING BUT NOT LIMITED TO THE DISPOWAX MACHINE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US OVER THE PRECEEDING THREE (3) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND ONLINE STORE, AND IF YOU ARE A PAYING CUSTOMER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE ONLINE STORE TO PLACE ORDERS WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM (I) YOUR VIOLATION OF THESE TERMS; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT; OR (III) ANY CLAIM REALTED, IN ANYWAY, TO YOUR USE, MISUSE OR NEGLIGENT USE OF OUR PRODUCTS.
Law of the Contract & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and all Canadian federal laws applicable therein, without giving effect to any principles of conflicts of law. You agree that any action, application or dispute at law or in equity arising out of or relating to the Terms or any document incorporated by reference, will be filed only in the provincial or federal courts or tribunals located in Ontario, Canada and you hereby consent, submit and attorn to the jurisdiction of such courts and tribunals for the purposes of litigating or resolving any such disputes.
If any provision of these Terms are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of WaxPro Technologies Inc.
No Construction Against Drafter
If any ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings
To the extent permitted by law, you agree to hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.
Incorporation by Reference
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm, and therefore you agree that we will be entitled to seek extraordinary relief, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
No Agency etc.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
In the course of using your account with us, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including but not limited to, payment processors, credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
We make no representation and cannot guarantee the continued availability of our Website, Online Store, products or support.