Terms and Conditions
Last updated: January 14, 2020
Please read these terms and conditions carefully before using Our Service.
Thank you for your purchase, please note the following Terms and Conditions of sale. We trust that all Buyers contact us should they have any questions or concerns.
General
For the purpose of these Terms and Conditions, the Buyer refers to an individual, firm, company, or other organization who has or intends to purchase Goods and or Services from Tecogics Scientific Ltd.
Interpretation and Definitions
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company referred to as either the “Company", "We", "Us”, “Our" the ‘Buyer” or the ‘Seller” in this agreement refers to Tecogics Scientific Ltd, with offices located at 2596 Unit 18, Edinburgh Place Ottawa, ON, K1B 5M1 Canada. In addition, this refers to any mention of the Company’s product brand called “Ex N’ Flex”.
• Feedback means feedback, innovations or suggestions sent by the Buyer regarding the attributes, performance or features of the Company’s products or services.
• Goods refer to the items offered for sale by the Company. • Services refers to any services offered by the Company.
• Request to purchase means a request by the Buyer to purchase Goods and or Services from the Company. Also referred to as “Order”.
• Promotions refer to contests, sweepstakes or other promotions offered by the Company or any affiliate.
• Terms and Conditions mean these Terms and Conditions that form the entire agreement between the Buyer and the Company.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Company.
• Website refers to Ex N' Flex, accessible from www.exnflex.com
Acknowledgement
These are the Terms and Conditions governing the purchase of Goods and Services and the agreement that operates between the Buyer and the Company. These Terms and Conditions set out the rights and obligations of the Buyer and the Company regarding the purchase of Goods and Services from the Company.
The Buyer’s purchase and use of the Goods and Services is also conditioned on the Buyer’s acceptance of and compliance with the Privacy Policy of the Company. The Company’s Privacy Policy describes its policies and procedures on the collection, use and disclosure of the Buyer’s personal information as part of the purchasing transaction.
Link to the Company’s Privacy Policy - https://www.exnflex.com/index.php/support/privacy-policy
Purchasing Goods and or Services
By requesting to purchase any Goods and or Services the Buyer warrants that it is legally capable of entering into binding contracts.
Buyer Information
During the process of purchasing Goods and or Services, the Buyer may be requested to provide certain information relevant to the purchase including, without limitation, the Buyer’s credit card number, the expiration date, the billing address, and shipping location.
The Buyer shall represent and warrant that: (i) The Buyer has the legal right to use any credit or debit card(s) or other payment method(s) in connection with any request to purchase; and that (ii) the information provided is true, correct and complete.
By submitting such information, the Buyer grants the Company the right to provide the information to payment processing third parties for purposes of facilitating the completion of the request to purchase.
Pricing Policy
The Company reserves the right to revise its prices at any time prior to accepting the Buyer’s request to purchase any of the Company’s Goods and or Services.
The prices quoted may be revised by the Company subsequent to accepting a Buyer’s purchase in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company.
The price of the Goods and or Services will be the Company’s quoted price. All quotations or proposals issued by the Company for the delivery of Goods and or Services shall remain open for acceptance for the period presented in the written quotation, proposal or, if none is stated, for sixty (60) days.
Promotions
Any Promotions made available by the Company may be governed by rules that are separate from these Terms and Conditions.
If the Buyer participates in any Promotions, please review the applicable rules as well as the Company’s Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Payments
For the purchase of any product or service We may use third-party services for payment processing (e.g. payment processors).
Prior to your purchase, we will provide a written quotation. At the time of purchase, You will receive an invoice which includes the URL of our payment portal. We encourage all buyers to use this secure and easy to use portal to pay by credit card. If you need to pay by cheque or other methods, please contact us directly to arrange payment. We do not directly charge your credit, debit card or account.
If you notice any un-authorized payments in your account, we strongly encourage you to contact your financial institution or credit card provider as you may be a victim of fraudulent activity. As a remedy ask your financial institution to cancel any suspicious charges and to put a stop payment on any future charges from the same source.
At no time does the Company collect or store payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Helcim Inc.
https://www.helcim.com/policies/privacy/
All invoices are due on receipt unless otherwise agreed to by the Company and the Buyer.
Payment can be made through various methods including credit cards such as Visa, MasterCard, American Express or online through PayPal or electronic funds transfer (EFT).
Net 30-day terms are available for qualified Buyers. Any outstanding balances over 30 days will be subject to a 2% service charge per month.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by the Buyer’s card issuer. The Company will not be liable for any delay or non-delivery of Goods due to not receiving appropriate financial authorization.
Order Cancellation
The Company reserves the right to refuse or cancel a request to purchase at any time for certain reasons including but not limited to:
• Goods and or Services’ availability
• Errors in the description or prices for Goods and or Services
• Errors in the Buyer’s order information
The Company reserves the right to refuse or cancel a request to purchase if fraud or an unauthorized or illegal transaction is suspected.
Purchase requests made by the Buyer can be cancelled or terminated by the Buyer without penalty if a request to cancel is received in writing by the Company no later than 3 days prior to the agreed upon shipment date.
Product Returns
Any Goods and or Services that the Buyer purchases can only be returned in accordance with these Terms and Conditions and the Company’s Returns Policy. The Company’s Returns Policy forms a part of these Terms and Conditions.
Returns Policy
Any purchase on behalf of the Buyer for the Company’s Goods and or Services shall be considered final unless the Buyer presents a request in writing to return a purchase within 30 days of receiving delivery of the Goods and or Services. The Buyer’s option to return any Goods only applies to Goods that are returned in the same condition as was received. The Buyer ensures that all associated instruction manuals, documents, and wrappings are intact and returned along with the Goods. Goods that are damaged or not in the same condition as were received or which are worn simply beyond opening the original packaging will not be refunded. It is the Buyer’s obligation to take reasonable care of the purchased Goods while they are in the Buyer’s possession.
All returns will be subject to a re-stocking fee of 10% of the purchase price if the return is requested within 30 days of receiving delivery of the Goods, or 30% of the purchase price if the return is requested after 30 days of the Buyer receiving delivery of the Goods. Requests for the return of any Goods after 45 days from the Buyer receiving delivery may not be approved.
All returns must be made using the same packaging materials that the Goods were housed in when originally packaged at the time of delivery. Shipment method will be determined by the Company, the Buyer agrees that the return shipment costs will be FOB destination.
The Company will reimburse the Buyer no later than 14 days from the day on which the Company receives delivery of the returned Goods. The Company will not accept the return of any Goods or Services if any or all of the following criteria is applicable:
• Any or all the Goods purchased that were customized to meet the Buyer’s personalized and unique specifications. • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
Availability, Errors, and Inaccuracies
The Company is regularly updating its offerings of Goods and or Services. These Goods and Services may be mispriced, described inaccurately, or unavailable, and the Company may experience delays in updating information regarding these Goods and or Services including advertising on any medium including third-party websites.
The Company cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. The Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Translation Interpretation
These Terms and Conditions may have been translated; in this case the Buyer agrees that the original English text shall prevail in the case of a dispute.
Buyer Feedback
The Buyer assigns all rights, title and interest in any Feedback provided to the Company. If for any reason such assignment is ineffective, The Buyer agrees to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
The Company’s website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Buyer further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, Goods or Services available on or through any such web sites or services.
Limitation of Liability
Notwithstanding any damages that the Buyer might incur, the entire liability of the Company and any of its suppliers or affiliates under any provision of these Terms and Conditions and the Buyer exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Buyer to the Company or $100 USD if the Buyer hasn’t purchased anything from the Company.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Company’s Goods and or Services. Even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
For those jurisdictions that do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these locations, each party's liability will be limited to the greatest extent permitted by law.
Without limiting the foregoing, neither the Company nor any of the company's Affiliates makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Goods and Services, or the information, content, and materials or products included thereon; (ii) that the Goods and Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Goods and Services;
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer. So, some or all of the above exclusions and limitations may not apply to the Buyer. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of Ontario, Canada, excluding its conflicts of law rules, shall govern this Terms and Conditions and the Buyers use of the Company’s Goods and or Services.
Dispute Resolution
If the Buyer has any concern or dispute about the Company including its Goods and Services offering, The Buyer agrees to first attempt to resolve the dispute informally by contacting the Company.
European Union based Buyers, will benefit from any mandatory provisions of the law of the country in which the Buyer is a resident.
Severability and Waiver
Severability
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
The Company reserves the right, at their sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, the Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company’s sole discretion.
All transactions that occur after those revisions becoming effective, The Buyer agrees to be bound by the revised terms.
Contact Us
If you have any questions about these Terms and Conditions, please contact us:
• By email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• By visiting this page on our website: https://exnflex.com/index.php/contact
• By phone number: 1-833-396-3539
• By mail: 2596 suite 18, Edinburgh Place Ottawa, ON, K1B 5M1 Canada
