These Terms and Conditions of Sale govern any order or agreement to purchase you (also referred to herein as “you” or “the Buyer”). enter into with CHIL Inc. (also referred to herein as “CHIL”). By proceeding to place an order you, the Buyer, acknowledges, accepts and agrees to be bound by these Terms and Conditions of Sale. If you do not agree to these Terms and Conditions of Sale, do not proceed with your order. Please print and retain a copy of these Terms and Conditions of Sale for your records.
All advertisements on www.chilprint.com (the “Site”) are invitations to purchase and not offers to sell. CHIL reserves the right, to accept or reject the order once you have completed and placed your order.
You may receive email confirmation that your order has been received by CHIL after you have completed the order process. Any email or other form of confirmation that your order has been received by CHIL does not constitute acceptance of your order by CHIL. Acceptance of your order will be confirmed by CHIL upon CHIL delivering an order invoice to you via email or otherwise.
Rejection or Cancellation of Orders
There may be certain orders that CHIL must reject before acceptance or cancel after acceptance. CHIL reserves the right at any time after receipt of your order to accept or reject your order for any reason and CHIL will contact you at the email address you have provided of its decision to accept or reject your order. In the event that CHIL rejects the order, CHIL will have no obligation to fulfill your order and you will have no obligation to make payment to CHIL for the order. CHIL also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include, but are not limited to:
- limitations on quantities available for purchase;
- inaccuracies or errors in product or pricing information;
- potential or actual intellectual property infringement;
- a product recall on the item that you have purchased; or
- problems identified by CHIL’s credit and fraud avoidance department.
CHIL may also require additional verifications or information before accepting any order. CHIL will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by CHIL or if additional information is required to accept your order.
Upon making your order, you agree to pay CHIL the amount set out in CHIL’s invoice, subject to adjustment as described herein (the “Purchase Price”). All CHIL invoices are in Canadian dollars and include shipping and handling fees, applicable environmental or other additional fees, and applicable sales taxes.
Without notice to you, CHIL reserves the right to increase or decrease the Purchase Price by five percent (5%) or less. In the event a Purchase Price is adjusted, it is CHIL’s billing policy to send a revised invoice to you via email
In the event that an item is listed at an incorrect price due to an error in pricing, CHIL shall have the right to reject or cancel any orders placed for that item. In the event that an item is mispriced, CHIL may, at its discretion, either contact you for further instructions or cancel your order and notify you of such cancellation.
Method of Payment
You may pay for your purchase using certified cheque, credit card or electronic email money transfer (each method individually referred to as a “Payment Method”) and you authorize CHIL, its representative, or agent to correspondingly debit to the Payment Method account identified by you for the Purchase Price and you represent and warrant that you are the Payment Method account holder. If your payment is rejected, your order will not be produced and CHIL will have no obligation to fulfill your order. All invoices shall be prepaid by you, before your order is completed by CHIL.
All billing and registration information provided by you to CHIL must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions of Sale.
You agree that the shipping terms for all ordered products are delivery duty paid and ownership transfers to you upon delivery to the specified delivery point. This means that the risk of loss and title for such items pass to you upon our delivery to the ship to address indicated on the Invoice. For any product that is to be provided to you in an electronic format, you agree that delivery of such product shall be deemed to have occurred at the time the product is transmitted by CHIL via email or other electronic communication to the electronic address indicated on the Invoice.
Without notice to you, CHIL shall have the right to increase or decrease the shipped amount of the product ordered and delivered to you by five percent (5%) or less.
Cancellation, Returns, Refunds, and Exchanges
Cancelled orders are subject to a cancellation and restocking fee, as determined by CHIL.
Your request to cancel an order must be made in writing and will only be accepted five (5) days or less after your order submission date.
There are no returns on any customized goods.
Changes to the Terms and Conditions of Sale
The Terms and Conditions of Sale applicable to your order are the Terms and Conditions of Sale in effect on the date that you place your order, as made available to you on the Site and/or through a web form acknowledgement. CHIL may modify its Terms and Conditions of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order through CHIL you represent that you have accessed, read and accepted the Terms and Conditions of Sale applicable to and governing that order.
Disclaimers of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these Terms and Conditions of Sale alter those consumer guarantees if it is illegal for CHIL to do so. If those consumer guarantees apply to you, and CHIL cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, CHIL: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of CHIL to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Please note that CHIL cannot be responsible for: spelling, punctuation or grammatical errors made by you, inferior quality or low-resolution of uploaded images, design errors introduced by you in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. CHIL does not proof documents created by its customers prior to processing.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHIL OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CHIL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, THE COMPLETION OF YOUR ORDER, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM CHIL OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, INTELLECTUAL PROPERTY INFRINGEMENT OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL CHIL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE THIRD-PARTY INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED TO THIRD-PARTY TRADEMARKS AND COPYRIGHTED MATERIAL.
You agree that you shall indemnify and defend CHIL and all parties from whom CHIL has licensed portions of content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions of Sale or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products ordered.
You acknowledge that the goods sold by CHIL may be subject to applicable customs and export control laws and regulations. These customs, laws and regulations may create a delay in delivery of your order.
You acknowledge that you are solely responsible to pay any duty, tax, fee, custom, charge or any like payment that is required to be paid by any jurisdiction throughout the purchased products transit to you. CHIL is not liable to pay or contribute to any such payment in order to complete the shipping and delivery process. If the shipping and delivery process is incomplete due to your failure to pay any duty, tax, fee, custom, charge or any like payment, you will not be entitled to any remedy at law or a refund of the purchase price.
These Terms and Conditions of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province, state or territory of residence require that the laws of such province, state or territory govern, in which case, the laws of such province, state or territory are to govern. The exclusive jurisdiction for any claim, action or dispute with CHIL or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province, state or territory of residence.
You may contact CHIL at:
1554 Carling Ave
Ottawa, ON K1Z 7M6
By accepting these Terms and Conditions of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions of Sale. If you are a parent or legal guardian agreeing to these Terms and Conditions of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
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Last updated: January 1, 2020
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