Terms & Condition
General:
www.btitires.ca is owns and operated by BloomTalent International Tires (BTI-TIRES).
These terms and conditions governs your relationship with www.btitires.ca (“The website”). Access to and use of this Website and the products
and services available through this Website (collectively, the
"Services") are subject to the following terms, conditions and
notices (the "Terms of Service"). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service.
Access to this
Website is permitted on a temporary basis, and we reserve the right to withdraw
or amend the Services without notice. We will not be liable if for any reason
this Website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts or all of this Website.
This Website may
contain links to other websites such as social medial websites (the
"Linked Sites"), which are not operated by www.btitires.ca. www.btitires.ca has no control over the Linked Sites and accepts no responsibility
for them or for any loss or damage that may arise from your use of them. Your
use of the Linked Sites will be subject to the terms of use and service
contained within each such site.
Privacy Policy:
Our privacy policy,
which sets out how we will use your information, can be found at www.btitires.ca/privacypolicy. By using this Website, you consent to the processing described
therein and warrant that all data provided by you is accurate.
Prohibitions:
You must not misuse
this Website. You will not: commit or encourage a criminal offense; transmit or
distribute a virus, trojan, worm, logic bomb or any other material which is
malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person's
proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this
Website. Breaching this provision would constitute a criminal offense and www.btitires.ca will report any such breach to the relevant law enforcement
authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content:
The intellectual
property rights in all software and content (including photographic images,)
made available to you on or through this Website remains the property of www.btitires.ca or its licensors and are
protected by copyright laws and treaties around the world. All such rights are
reserved by www.btitires.ca and its licensors. You may store, print and
display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which
appears on this Website nor may you use any such content in connection with any
business or commercial enterprise.
Terms of Sale:
By placing an order,
you are offering to purchase a product on www.btitires.ca and subject to the
following terms and conditions. All orders are subject to availability and
confirmation of the order price. Dispatch times may vary according to
availability and subject to any delays resulting from postal delays or force
majeure for which we will not be responsible. Our entire delivery policy and
could be found at www.btitires.ca/deliveyinformation .
In order to contract
with www.btitires.ca you must be over 18 years of age and possess a valid credit or
debit card issued by a bank acceptable to us. www.btitires.ca retains the right
to refuse any request made by you. If your order is accepted, we will inform
you by email and we will confirm the identity of the party which you have
contracted with. This will usually be www.btitires.ca or may in some cases be a third party. Where a contract is made
with a third party www.btitires.ca
is not acting as either agent or
principal and the contract is made between yourself and that third party and
will be subject to the terms of sale which they supply you. When placing an
order, you undertake that all details you provide to us are true and accurate,
that you are an authorized user of the credit or debit card used to place your
order and that there are sufficient funds to cover the cost of the goods. The
cost of all products and services may fluctuate. All prices advertised are
subject to such changes without prior notice.
(a) Our Contract:
When you place an
order, you will receive an acknowledgement e-mail confirming receipt of your
order: this email will only be an acknowledgement and will not constitute
acceptance of your order. A contract between us will not be formed until we
send you confirmation by e-mail that the goods which you ordered have been
dispatched to you. Only those goods listed in the confirmation e-mail sent at
the time of dispatch will be included in the contract formed.
(b) Pricing and Availability:
Whilst we try and
ensure that all details, descriptions and prices which appear on this Website
are accurate, errors may occur. If we discover an error in the price of any
goods which you have ordered, we will inform you of this as soon as possible
and give you the option of reconfirming your order at the correct price or
cancelling it. If we are unable to contact you, we will treat the order as
cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
Delivery costs will
be charged in addition; such additional charges are clearly displayed where
applicable and included in the 'Total Cost'.
(c) Payment:
Upon receiving your order,
we carry out a standard authorization check on your payment card to ensure
there are sufficient funds to fulfil the transaction. Your card will be debited
upon authorization being received. The monies received upon the debiting of
your card shall be treated as a deposit against the value of the goods you wish
to purchase. Once the goods have been dispatched and you have been sent a
confirmation email the monies paid as a deposit shall be used as consideration
for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material
displayed on this Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to the
fullest extent permitted by law www.btitires.ca
and its suppliers, content providers and advertisers hereby expressly exclude
all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct, indirect,
special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or
the cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of this Website
or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution,
by statute, at common law or otherwise. This does not affect www.btitires.ca's liability for death or personal injury
arising from its negligence, fraudulent misrepresentation, misrepresentation as
to a fundamental matter or any other liability which cannot be excluded or
limited under applicable law.
Linking to this Website:
You may link to our
home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists. You must not establish a link from
any website that is not owned by you. This Website must not be framed on any
other site, nor may you create a link to any part of this Website other than
the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer as to
ownership of trade marks, images of personalities and third-party copyright
Except where
expressly stated to the contrary all persons (including their names and
images), third party trademarks and content, services and/or locations featured
on this Website are in no way associated, linked or affiliated with www.btitires.ca and you should not rely on the existence of
such a connection or affiliation. Any trademarks/names featured on this Website
are owned by the respective trade mark owners. Where a trade mark or brand name
is referred to it is used solely to describe or identify the products and
services and is in no way an assertion that such products or services are
endorsed by or connected to www.btitires.ca
Indemnity:
You agree to
indemnify, defend and hold harmless www.btitires.ca,
its directors, officers, employees, consultants, agents, and affiliates, from
any and all third party claims, liability, damages and/or costs (including, but
not limited to, legal fees) arising from your use of this Website or your
breach of the Terms of Service.
Variation:
www.btitires.ca shall have the right in its absolute
discretion at any time and without notice to amend, remove or vary the Services
and/or any page of this Website.
Invalidity
If any part of the
Terms of Service is unenforceable (including any provision in which we exclude
our liability to you) the enforceability of any other part of the Terms of
Service will not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.
Complaints:
We operate a
complaints handling procedure which we will use to try to resolve disputes when
they first arise, please let us know if you have any complaints or comments.
Waiver:
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
Entire Agreement:
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.btitires.ca. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.btitires.ca.
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