Terms and Conditions



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Canadian and other copyright laws, and is the property of Niagara Faucets Inc. The collective work includes works that are licensed to Niagara Faucets Inc. Copyright 2015, Niagara Faucets Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Niagara Faucets Inc. or purchasing Niagara Faucets Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Niagara Faucets Inc. or to purchase Niagara Faucets Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Niagara Faucets Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks and trade names of Niagara Faucets Inc. used in the site are trademarks or registered trademarks of Niagara Faucets Inc. and/or their respective brand owners.


Site Warranty Disclaimer

This site and any downloadable applications/files on this site are provided "as is" and without warranties of any kind, whether express or implied. Niagara Faucets Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Niagara Faucets Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some provinces/states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Product Warranty Disclaimer

All products available for purchase from Niagara Faucets Inc. are new in-the-box. Comprehensive OEM warranties apply to ALL products available for sale on www.NiagaraFaucets.com. Niagara Faucets Inc. must be made aware of all defective merchandise within 30 days of receiving your order.


Limitation of Liability

Niagara Faucets Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Niagara Faucets Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors

In the event that a Niagara Faucets Inc. product is mistakenly listed at an incorrect price, Niagara Faucets Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Niagara Faucets Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Niagara Faucets Inc. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Niagara Faucets Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice

Niagara Faucets Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Niagara Faucets Inc.


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Niagara Faucets Inc. products) shall be in the provincial or federal courts located in Ontario, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Niagara Faucets Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Niagara Faucets Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Niagara Faucets Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Order Cancellations

Any cancellation prior to shipment will result in a 6% transaction charge of the total if payment was made via credit card. If payment is made by PayPal the 6% charge does not apply. This 6% transaction charge covers credit card processing fees incurred by Niagara Faucets Inc.



Carrier Selection / Out of Stock

Niagara Faucets reserves the right to select carrier and to route shipments at our discretion. If Niagara Faucets is out of stock on a specific item, it reserves the right to drop ship the product from the OEM to the end consumer. OEM's may be located within Canada or within the United States.



Returns

Please see the return policy located here.



Taxation (CANADIAN Shipments)

GST
Shipments to Canadian addresses will be assessed GST at a rate of 5% where HST is not in effect. The buyer is responsible for declaring any purchase to their provincial level of government.
HST
Shipments to Canadian addresses where HST is in effect will be assessed HST.
PST
Shipments to Canadian addresses where PST is in effect will be assessed PST.


Taxation (International Shipments)

No Canadian taxes are assessed. The buyer is responsible for declaring any purchase to their local/federal levels of government.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Niagara Faucets Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Niagara Faucets Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Niagara Faucets Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Niagara Faucets Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Niagara Faucets Inc. in its sole discretion.


Missing, Improper and Damaged Items

Customer must inform Niagara Faucets Inc. within 5 days of delivery of any items that are missing or of any items that were not as ordered, or otherwise did not conform to the terms and conditions of the sale. If such notice is not given within 5 days of delivery, the goods shall be deemed to conform to the terms and conditions of the order. Inspection of the materials received is the customer's responsibility.


Indemnification

You agree to indemnify, defend, and hold harmless Niagara Faucets Inc., its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links

In an attempt to provide increased value to our visitors, Niagara Faucets Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Niagara Faucets Inc., Niagara Faucets Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Niagara Faucets Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Niagara Faucets Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).