These Online Shopping Terms and Conditions (“Terms and Conditions”) apply to the ordering, purchase and delivery of Goods from the Online Store, and form a contract between you and Busch Systems International Inc. For purposes of these Terms and Conditions, Busch Systems International Inc. is also referred to as “Busch Systems”, “We”, “we”, “Us”, “us”, “Our” or “our”. If you have an online account with Busch Systems for purposes of ordering and purchasing Goods via the Online Store, you also agree that these Terms and Conditions will apply to all of your Orders made via your online account with Busch Systems.
1. Application to Orders.
1.1 You will be bound by these Terms and Conditions each time you submit an Order. Each Order you place will be a separate contract between you and Busch Systems for the supply of Goods.
1.2 Both http://store.buschsystems.com/ website and the http://www.recyclingcontainer.com website are able to accept Orders only from Canada and the contiguous United States of America (excluding in any event Alaska, Hawaii, Puerto Rico, Guam and any other territories under the control of the United States of America). If you are outside of these areas and wish to place an Order, please contact our customer service department for assistance.
1.3 Our Customer Service Team can be contacted at (877) 715-1715 or firstname.lastname@example.org.
1.4 You may place Orders from Busch Systems if you are aged 18 years or older, and have an active email account or telephone number at which you can be contacted. By placing an Order you represent, warrant and covenant that you are aged 18 years or older. A confirming acknowledgment of each Order is sent via e-mail. You acknowledge and agree that Busch Systems will use the email address you provide as the primary method for communication with you
1.5 By submitting an Order on http://store.buschsystems.com/ or http://www.recyclingcontainer.com , you represent and warrant that all personal information you have entered for the Order is valid. Busch Systems will not be liable to you for loss you or any third party suffers for any delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
1.6 Busch Systems will issue an e-mail notifying you when your Order has been shipped. This shipping notification will constitute our acceptance of your Order. An order to purchase Goods will be processed by us Monday through Friday between 9:00 am to 5:00 pm EST, excluding all statutory holidays, or as otherwise noted on our Online Store website.
1.7 You acknowledge and agree that all Goods purchased under these Terms and Conditions are for personal, internal use only and will not be resold, leased, loaned, distributed, redistributed or reproduced.
1.8 From time to time, Busch Systems restricts the quantity of Goods that can be purchased in an Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the Online Store, or in materials about the relevant promotion, or otherwise advised to you.
1.9 If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate shipping and handling fee, if applicable, will apply to each Order. Customs charges or duties may also apply where applicable.
1.10 Busch Systems reserves the right to accept or reject your Order for any reason at any time. If Busch Systems rejects your Order you will receive a refund of any money paid to Busch Systems with respect to such Order
2.1 From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If only some of the Goods under the Order are out-of-stock, you will be offered the opportunity to remove the out-of-stock items from your Order and receive the in-stock items only, or to cancel your entire Order. With respect to the portion of an Order that is cancelled by you or Busch Systems pursuant to this Section 2.1, we will refund you the price paid us for the Goods that are so cancelled.
2.2 We may withdraw or suspend from sale any Good displayed on the Online Store, either temporarily or permanently, at any time. Busch Systems will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
2.3 Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any applicable money paid to us in accordance with the refund provisions in Sections 5 and 6 below.
2.4 Busch Systems reserves the right not to honour any incorrect offers represented on the Online Store made by human or system error. Where your Order is affected by an error on the Online Store (for example, in a description, an image, price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, pursuant to Sections 5 and 6 below, and Busch Systems will fulfill the remainder of your Order.
2.5 You acknowledge and agree that: (a) all pictures and images of Goods displayed are for illustrative purposes only and may differ from the actual product; (b) due to differences in display screens (monitors, televisions, mobile phones, tablets, and other display devices) and how pictures and images may be displayed on a display screen,
actual colours of products in physical form may appear different to those shown on the site; (c) any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and (d) where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
3. Price and Payment.
3.1 All Prices on our U.S. store front to the Online Store are in U.S. Dollars. All Prices on our Canadian store front to the Online Store are in Canadian Dollars. Prices do not include shipping, handling, or taxes, which shall be charged on all Orders as applicable and will be indicated at the time you place an applicable Order
3.2 In the event a Good is listed at an incorrect price due to typographical or other error in pricing on our Online Store, we have the right to refuse or cancel any Orders placed for the applicable Goods listed at the incorrect price whether or not any such Order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your Order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.
3.3 Busch Systems reserves the right to change or alter prices without notice to you. If you have already submitted an Order at a particular price, we will supply your Goods at that price (unless your Order is affected by a pricing error or is otherwise cancelled or refused pursuant to these Terms and Conditions).
3.4 Payment methods are specified on the Online Store or at the time you place your Order. They include credit card. If we do not receive payment from your credit card issuer or its agent, you agree upon our demand to pay all amounts due. We will not be responsible for any unauthorized amounts billed to your credit card by a third party including the credit card company or any other entity.
3.5 Any payment for an Order must be cleared by Busch Systems before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Online Store or via email. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method.
3.6 In paying or attempting to pay for Goods, you represent, warrant and covenant that you have not engaged in any fraudulent conduct, misleading conduct or contravened any Law. You acknowledge and agree that you are responsible for self-assessing and remitting sales and use tax on any purchases made through or from Busch Systems or any of its affiliates. You shall indemnify and hold harmless Busch Systems and its affiliates for all costs, losses and liabilities arising from any failure by you to properly self-assess and remit sales and use tax on any such purchases.
4. Shipment and Delivery.
4.1 Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select from the choices we offer. If you choose an expedited delivery service, an additional charge may be imposed at the time of your Order.
If your Order is accepted and the items selected are in-stock, your Order will normally ship within the time indicated on our Online Store. All ship and delivery dates specified on our Online Store (if any) are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier.
5. Order Cancellations, Returns, Refunds and Additional Charges.
5.1 Unless provided for under these Terms and Conditions or as otherwise agreed to in writing by Busch Systems, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You must carefully check that your Order is accurate before you submit it. Goods may only be returned where permitted under the Returns Policy set out in Section 6 below.
5.2 Once an Order has been submitted, you will not be able to modify or cancel it on-line. Please contact our customer service department if you wish to make a change after Order submission, and our customer service department will see what it can do to accommodate your request provided that your Order has not already been readied for shipment. We reserve the right to charge a restocking fee of CDN$250 or more with respect to any changes made at your request or behest to an Order after Order submission.
5.3 Shipping, handling and other delivery fees will only be refunded pursuant to the Returns Policy and in any event will not be refunded if (a) you return Goods that were in good condition when shipped to you or you made an incorrect selection, including if you ordered the incorrect size, colour, quantity, function or type of Goods; (b) you select or request the wrong delivery requirements; (c) attempts by our shipper to deliver the Goods to the address that you provide in the Order are unsuccessful after two attempts; (d) due to your absence at the delivery address or due to incorrect delivery information in the Order that you place, redelivery charges, consignment charges or reconsignment charges arise; (e) our shipper has to wait more than 15 minutes at the delivery address in an effort to deliver the Goods because (i) you do not promptly appear when our shipper attempts to make delivery, or (ii) you fail to ensure it is reasonable and safe to deliver the Goods at the delivery address, or (iii) the delivery information in the Order that you place is incorrect; or (f) tailgate charges arise when a proper dock is not available at the delivery location
5.4 We reserve the right to charge you additional shipping fees, handling fees, storage fees, tailgate fees,
delivery fees, redelivery fees, consignment fees, reconsignment fees and service fees that arise and as we consider
appropriate if any of the following occur:
- (a)you select or request the wrong delivery requirements;
- (b) attempts by our shipper to deliver the Goods to the address that you provide in the Order are unsuccessful after two attempts;
- (c)due to your absence at the delivery address, unsuccessful delivery attempts or incorrect delivery information in the Order that you place, redelivery charges,
storage charges or reconsignment charges arise;
- (d) our shipper has to wait more than 15 minutes at the delivery address in an effort to deliver the Goods because (i) you do not promptly appear within 15
minutes when our shipper attempts to make delivery, or (ii) you fail to ensure it is reasonable and safe to deliver the Goods at the delivery address, or (iii) the delivery
information in the Order that you place is incorrect;
- (e)tailgate charges arise when a proper dock is not available at the delivery location; or
- (f) additional services are required for us to deliver the Goods because (i) you fail to ensure it is reasonable and safe to deliver the Goods at the delivery
address, or (ii) the delivery information in the Order that you place is incorrect.
5.5 Goods can only be returned in accordance with these Terms and Conditions (including the Returns Policy in Section 6 below).
5.6 Where applicable under the Returns Policy, Busch System will process any refunds within a commercially reasonable time of agreeing to do so.
6. Returns Policy
6.1 Goods may be returned within 30 days of receipt with satisfactory proof of purchase, provided that the Goods: (a) are in saleable condition, (b) are unworn and unused with and in all original, sealed packaging and tags attached, and (c) are not subject to the exclusions listed in Section 6.2 below. If you are unable to provide satisfactory proof of purchase, Busch Systems at its absolute discretion reserves the right not to offer a refund. All returns are subject to a 25% restocking fee and freight charges at our sole discretion. Busch Systems is not required to provide you with a copy of your original receipt to facilitate a refund, insurance or warranty claim.
6.2 Goods not eligible for return: (a) custom Goods, built-to-order Goods or special order Goods; and (b) promotional Goods where stated as final sale by Busch Systems at the time of invoice. If you are unsure whether the Goods you are purchasing are custom Goods, built-to-order Goods or special order Goods, you may inquire with our Customer
Service Team, although you acknowledge and agree that such types of Goods are not eligible for return under our Returns Policy whether or not you inquire with our Customer Service Team. For avoidance of any doubt, built-to order Goods are Goods for which you select one or more optional, predetermined features that we offer for those Goods, whereas custom Goods are Goods for which you request one or more custom modifications, where those custom modifications are not predetermined features that we offer for those Goods.
6.3 Where merchandise is purchased with a gift or bonus offer, the gift or bonus must also be returned (unless otherwise stated). If you are unable to return the gift or bonus or it is not in saleable condition, the value of any available refund will be reduced by the value of the gift or bonus. In the instance of bundle offers, all items within the bundle must also be returned or the value of the unreturned items will be deducted from any available refund.
6.4 Where Busch Systems issued a bonus gift card at the time of purchase (if applicable), the bonus gift card must also be returned with the merchandise to qualify for a refund. Where the bonus gift card has been fully or partially redeemed, the amount redeemed will be deducted from any available refund under this Section 6.
6.5 You may be asked to present photo identification so that we can record your name, identification type, identification number and expiry date and verify your signature. Acceptable identification must also include your full name with a future expiry date.
7. Warranty Policy
7.1 If the Goods arrive damaged or defective you will need to note this on the Bill of Lading immediately, notify us immediately, and send us pictures of the packaging and the damaged or defective product for assessment. If the Goods that arrived damaged or defective but the damage or defect was not visible at the time of delivery (i.e. the damage or defect was inside the Goods or was not visible because the packaging was covering it) then you must notify us of the damage or defect and provide us with pictures of the damaged or defective product within 15 days of delivery if you wish to make a warranty claim. Failure to comply with the foregoing will render the warranty for the Goods void. Where we determine that the Goods arrived damaged or defective (“Reviewed Goods”), we will repair or replace the applicable Reviewed Goods (as we consider reasonable). For such Reviewed Goods we will arrange the return freight, and the shipping charges for returning the repaired Reviewed Goods to you or for delivering you
replacement Goods will be at our expense
7.2 Subject to the remainder of this paragraph, Goods are covered by a one (1) year limited warranty from the date of purchase. Warranty covers against defects in materials and workmanship under normal use. Only original, unaltered, and unmodified materials and workmanship are covered by this warranty policy. Damages caused by misuse, abuse, accidents, neglect, the natural breakdown of materials over time, or problems that may be reasonably expected with normal wear or failure to follow care instructions, all as determined by Busch Systems at our sole discretion, are not covered by this limited warranty. Certain Goods may be excluded from this limited warranty as indicated at the time of sale.
7.3 The provisions of this Section 7 state your exclusive and sole remedy for breach of warranty. The provisions of this Section 7 do not renew or extend the original warranty period of any Goods that have been repaired or replaced by Busch Systems.
8. Rewards Program
8.1 In this section we describe our rewards program (the “Rewards Program”). Through regular use of our online Resource Center (at www.buschsystems.com/resource-center ) you have the opportunity to accumulate reward points which can be redeemed when purchasing Goods via the Online Store. Reward points accrue based on certain specific activities that you carry out via the Resource Center. A list of the specific activities for which reward points accrue when you carry them out via the Resource Center are available on our Resource Center site. Rewards points may only be used once. Reward points cannot be redeemed or exchanged for cash, are non-transferrable, are not refundable and may only be used by you for purchases of Goods via the Online Store. Reward points are tracked in your Account. In order to maintain your unused reward points you must maintain an active Account and you must remain in compliance with these Terms and Conditions and the terms and conditions indicated on the Resource Center. We may cancel the Rewards Program at any time without notice.
9. Online Account and Account Administration
9.1 You may register via the Online Store or a Busch Systems web site for an online account registered with Busch Systems (an “Account”). The Account may only be used by you to place Orders via the Online Store and to access features of the Online Store that Busch Systems may elect to make available to users with accounts registered with Busch Systems.
9.2 You agree to provide accurate, current, and complete information required to register or create an Account, and whenever information relating to you is required in connection with an Order or your use of the Online Store (the “Registration Data”). We will only keep record of your credit card information if you save your credit card information in your Account. You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Busch Systems may terminate your right to access and/or use any or all of the Online Store and/or your Account if any information you provide is false, inaccurate or incomplete. You agree that Busch Systems may store and use the Registration Data you provide for use in maintaining and managing your Account, including, if applicable, credit card information for billing fees to your credit card.
9.3 You are solely responsible for controlling access to your Account, and maintaining the confidentiality and security of your Account and related password information. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Busch Systems of any unauthorized use of your Account or any other security breach that you become aware of. Busch Systems shall not be responsible for any losses arising out of the unauthorized use of your Account.
9.4 Your right to access and use the Account is not transferable.
9.5 Your access to your Account and/or the Online Store is completely at the discretion of Busch Systems, and we reserve the right to block, suspend or terminate your access at any time for any reason. You agree that Busch Systems may at its discretion and without prior notice delete your Account and any related materials including personal information, data, text, files, images and all other materials.
10. Acceptable Use Policy
10.1 You agree to use the Online Store and any features provided in connection therewith, and your Account in a responsible manner that is in full compliance with these Terms and Conditions, and with applicable Law. You shall not, and you agree not to use the Online Store or any of its features to:
- (a)post or transmit any material which (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory,
hurtful, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane or otherwise objectionable, or (iii) contains or links to software viruses or any other computer
code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or
otherwise interfere with or disrupt the Online Store or its order processing system;
- (b) use or attempt to use another person’s account, content or personal information, or impersonate another person or entity;
- (c) remove, circumvent, disable, damage or otherwise interfere with any access control or security-related features of the Online Store, your Account or any third
party account related to the Online Store;
- (d)advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users;
- (e)copy, mirror, alter, disassemble, decompile, create derivative works based on, or reverse engineer the Online Store content or any portion thereof;
- (f) engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, orders or other
information generated or processed by or stored via the Online Store or any account related thereto;
- (g) remove, modify or alter any Busch Systems copyright, trademark or other proprietary rights notices from any subject matter or content, or upload, post or
otherwise make available on or through the Online Store and/or any forum related thereto any material protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right;
- (h)sell, resell, license, sublicense, rent, lease, lend, market, transfer, assign, distribute, offer in a service bureau, time share, or otherwise part with or
make available to any third party, in whole or in part, any part of the Online Store or your Account;
- (i)carry out any act that is illegal or unlawful; or
- (j) harass, bully, defame, threaten, harm or injury any individual or entity.
11. Privacy; Cookies
11.2 We may also collect, and our third party providers of advertisements and content may collect, location and other information including the URL you came from or linked to, IP address, browser type, and pages you visited from the Online Store.
11.3 Unless otherwise indicated in your account settings or at the time you place your Order, we may send you marketing information.
11.4 Busch Systems reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
12. Risk and Liability
12.1 You agree to indemnify, defend and hold Busch Systems and its partners, attorneys, staff, advertisers, product and service providers, and affiliates harmless from and against any and all liability, loss, damage, claim, cost andexpense, including reasonable attorney’s fees, arising out of or related to: (i) your breach of these Terms and
Conditions; (ii) your use of the Online Store; (iii) any action taken by Busch Systems as part of its investigation of a suspected violation of these Terms and Conditions; and/or (iv) your violation of any third party intellectual property or other rights in relation to your use of the Online Store or your Account. Busch Systems reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to your defence, indemnification and hold harmless obligations herein, and you shall not in any event settle any matter without the prior written consent of Busch Systems.
12.2 THE ONLINE STORE, ANY RELATED SERVICES, THE ACCOUNT, THE INFORMATION AVAILABLE FROM OR THROUGH THE ONLINE STORE OR US, AND (EXCEPT FOR THE LIMITED WARRANTY SET OUT IN
SECTOIN 7) THE GOODS ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE). ALL SUCH WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. BUSCH SYSTEMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ONLINE STORE, ANY RELATED SERVICES OR YOUR ACCOUNT WILL BE UNINTERRUPTED OR ERROR FREE, THAT INFORMATION AVAILABLE THROUGH ANY OF SAME WILL BE ACCURATE OR ERROR-FREE, OR THAT THE GOODS, THE ONLINE STORE AND/OR RELATED SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BUSCH SYSTEMS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU AGREE THAT, FROM TIME TO TIME, BUSCH SYSTEMS MAY TAKE DOWN OR REMOVE THE ONLINE STORE OR ANY FUNCTIONALITYTHEREOF, FOR INDEFINITE PERIODS OF TIME, OR CANCEL RELATED SERVICES OR ANY OF THEM AT ANY TIME, WITHOUT NOTICE TO YOU.
12.3 You shall be liable for any and all losses, costs, damages and expenses whatsoever which we, and our directors, officers, employees, agents or other representatives, may suffer, sustain, pay or incur by reason of any matter or thing arising out of or in any way attributable to the acts or omissions of you in relation to these Terms and Conditions and/or any Order to the extent caused by your negligence or willful or wanton misconduct.
12.4 You agree that we, and our directors, officers, employees, agents or other representatives, will not be liable for any direct, special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from or relating to: (1) suspension, loss or interruption of the Online Store or related services; (2) your use of
the Online Store or related services; (3) interruption of the Online Store or related services; (4) loss or liabilities resulting from acts or events beyond our control; (5) data non-delivery, mis-delivery, corruption, destruction or other modifications; or (6) damages or consequences arising from or related to the inappropriate or unauthorized use of the Goods, the Online Store or related services.
12.5 IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, THAT MAY RESULT FROM YOUR USE OF OR INABILITY TO USE THE GOODS, THE ONLINE STORE OR ANY RELATED SERVICES, THE LOSS OF DATA, PERFORMANCE OR NON-PERFORMANCE OF THE GOODS, THE ONLINE STORE OR RELATED SERVICES, AND/OR THE PROVISION OF OR FAILURE TO PROVIDE GOODS, THE ONLINE STORE OR RELATED SERVICES, IN ALL CASES WHETHER OR NOT BUSCH SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SAME.
12.6 OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF BUSCH SYSTEMS’ REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE FOLLOWING: FOR THE FIRST 90
DAYS AFTER THE GOODS HAVE BEEN ORDERED, THE PRICE OF THE GOODS PAID BY YOU AND RECEIVED BY US, AND THEREAFTER FIVE DOLLARS ($5) CANADIAN.
12.7 THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE ONLINE STORE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13.1 We may, at our discretion, terminate the agreement for the supply of Goods to you: (a) for convenience, at any time, on giving notice to you; or (b) immediately if you have breached these Terms and Conditions.
13.2 Upon termination of these Terms and Conditions for any reason, Sections 11, 12, 13.2, 15, 16, 17, 19, 20 and 21 shall survive and remain in effect.
14. Electronic Communications; Changes to these Terms and Conditions
14.1 When you visit our Online Store or related websites, place an Order or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14.2 Busch Systems may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions (the “Revised Terms and Conditions”) in connection with any new or future Orders or use of the Online Store or your Account by posting the Revised Terms and Conditions on the Online Store or otherwise making those Revised Terms and Conditions available to you (including, at our discretion, by email to you) prior to new or future Orders or any further or new use of the Online Store or your Account. Such Revised Terms and Conditions will be effective immediately upon being posted to the Online Store or by Busch Systems otherwise communicating them to you (as the case may be). Any existing Orders for Goods will continue to be governed by the version of these Terms and Conditions in existence at the time such Orders were placed by you via our Online Store. Any continued use of the Online Store and/or related services following such posting of the Revised Terms and Conditions to the Online Store or Busch Systems otherwise communicating them to you, will be deemed to constitute acceptance of the Revised Terms and Conditions for all further, continuing and/or new uses of your Account, the Online Store and/or related services.
15. Intellectual Property Rights
15.1 The Online Store contains proprietary information and material that is owned by Busch Systems, its subsidiaries, affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Without limiting the foregoing, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Online Store, all information stored on and made available through the Online Store, and all documents, reports, forms, graphics, graphs, and other materials created or made available through the Online Store and/or related services (collectively, the “Web Content”), are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. You acknowledge and agree that you will not use such proprietary information, materials or Web
Content in any way whatsoever except for proper, lawful use of the Online Store in compliance with these Terms and Conditions.
15.2 The Online Store contains trademarks, service marks, logos, icons and trade-names that are the property of Busch Systems (collectively, the “Busch Systems Trademarks”) or such other party as is indicated with respect to that trademark, service mark, logo, icon, or trade-name.
15.3 All rights in the Online Store, the Web Content and the Busch Systems Trademarks are reserved worldwide and the copying, redistribution, use or publication by you of any such Web Content or any part of the Online Store is strictly prohibited. It is strictly prohibited to retain, distribute, or use any portion of the Online Store or Web Content except as expressly allowed in these Terms and Conditions. Busch Systems and its suppliers maintain all moral rights in and to all Web Content. Busch Systems reserves all intellectual property rights in the Goods.
15.4 These Terms and Conditions do not grant either party the right to use the other party’s trademarks. A party’s trademarks shall remain the property of that party. Busch Systems will only the Customer’s trademarks to Goods for the Customer or on the packaging or labelling thereof where requested by the Customer and agreed to by Busch Systems.
16. Third Party Content
17. Advertising and Promotions
17.1 The Third Party Content may include advertising or promotional material of third parties and Busch Systems may in its discretion advertise Busch Systems products or services or make available advertisements and promotions through the Online Store or Web Content. All such advertising and promotions are subject to availability and are made available on an “as-is” basis without warranty or representation of any kind. With respect to any third party advertising, Busch Systems reserves the right to add or remove advertising to or from the Online Store and/or related services in its discretion, for any reason or without reason, and without specific notice to you. With respect to any advertising or promotion of or relating to any product or service of Busch Systems, Busch Systems reserves the right to amend, modify, extend or cancel any such advertising or promotion in its discretion and without specific notice to
18. Limited Right to Use.
18.1 You may use the Online Store and Web Content for the sole purpose of accessing and using the Online Store and the services we offer to you therein. You acknowledge and agree that you will not use Busch Systems proprietary information, materials or Web Content in any way whatsoever except in compliance with these Terms and Conditions. The download, retention, use, publication, copying, or redistribution by you of any such Web Content is strictly prohibited, and you do not acquire ownership rights to any Web Content or Busch Systems Trademarks or
other materials viewed or accessed through the Online Store.
19. Submitted Content
20. Application to Orders.
20.1 These Terms and Conditions and all matters relating to the subject matter hereof shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions shall be brought solely in the courts of the Province of Ontario. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Ontario Sale of Goods Act, as amended, replaced or re-enacted from time to time.
20.2 These Terms and Conditions constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
20.3 Any cause of action by you arising under or in relation to these Terms and Conditions or the subject matter hereof must be instituted within one (1) year after the cause of action arose or shall be forever waived and barred.
20.4 No remedy conferred upon or reserved in our favour under these Terms and Conditions will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these Terms and Conditions or existing at law or in equity
20.5 Should any part of these Terms and Conditions or the application thereof to any person or circumstances, to any extent, be held invalid or unenforceable, that portion shall be modified so as to be enforced to the fullest extent permitted at law and the remaining portions, or the application of such part to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each part of these Terms and Conditions shall be separately valid and enforceable to the fullest extent permitted by law.
20.6 No agency, partnership, joint venture or franchise relationship is implied, intended or created by these Terms and Conditions, the provision of an Account, or the provision of any Goods or services.
20.7 Our failure to enforce or insist upon strict compliance with any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
20.8 The language in all parts of these Terms and Conditions shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the parties hereto. Any rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of these Terms and Conditions. Each of the terms “including”, “include” and “includes”, when used in the Contract, is not limiting whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto.
20.9 The division of these Terms and Conditions into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms and Conditions. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders.
20.10 No assignment shall be made, in whole or in part, by you of an Order or these Terms and Conditions or any or any rights or obligations thereunder, without the prior written consent of Busch Systems.
20.11 Busch Systems shall not be liable for any failure of or delay in the performance of any Order or these Terms and Conditions for the period that such failure or delay is due to fire, flood, explosion, lightning, windstorm, earthquake, subsidence of soil, discontinuity in the supply of power, war, governmental interference, civil commotion, riot, terrorism, strikes, labour disturbance, failure or destruction, in whole or in part, of machinery or equipment or failure of supply of materials, transportation difficulties, labour shortage, or any other cause beyond the reasonable control of Busch Systems (each a “Force Majeure event”). Busch Systems will post on the Online Store website or send you an email notifying you of the occurrence of any Force Majeure event. In the event of a shortage or anticipated shortage of supplies, utilities or materials affecting the production, shipment or delivery of Goods and/or services caused by any of the above mentioned Force Majeure events, Busch Systems will, subject to our sole discretion, (i) allocate our resources for use in Busch Systems production facilities as we see fit, and (ii) allocate Goods and/or services among buyers in a manner and order that we see fit. The allocations made by Busch Systems shall be conclusive and binding upon you, and may take into account reservations of capacity purchased by other customers. Busch Systems shall not be obliged to make-up any deficiencies hereunder due to any such Force Majeure event.
20.12 The parties acknowledge that they require that these Terms and Conditions be drawn up in the English language only. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.
For the purposes of these Terms and Conditions, the following terms shall have the following meaning:
“Delivery Address” means the address to which the Goods are to be delivered, as stated in an applicable Order.
“Goods” means the goods offered for sale on the Online Store.
“Online Store” means Busch Systems’ online store for the purchase of Goods by consumers.
“Order” means a request by you to purchase Goods from Busch Systems placed via the Online Store, which request is placed by you using the ordering form provided by or on the Online Store.
“Law” means any and all applicable laws, statutes, rules, regulations, orders, judgments, injunctions, ordinances or other pronouncements of any governmental authority having the binding effect of law.
“Price” means the purchase price of the Goods as specified on the Online Store.
“Returns Policy” has the meaning assigned in Section 6 of these Terms and Conditions.
“You” or “you” means you as the purchaser of Goods from Busch Systems via the Online Store, and “your” or “Your” have corresponding meanings.