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Terms and Conditions

Terms and Conditions

 

Read these terms and conditions ("Terms") carefully before using this site

 

This website, http://www.esourceparts.ca, (the “Site”) is owned and managed by Esource Parts (“we” “us”). The following Terms and Conditions apply when a User accesses and uses this Site. 

 

1. Use of this Site and Acceptance

 

This Site is provided to you free of charge for your personal use subject to these Terms. 

 

By registering/ accessing the Site, the User (“you” “User” “Customer”) who intends to purchase the products sold by us or avail our repair services, is deemed to have accepted the following Terms and Conditions of this Agreement (collectively, the “agreement”) in their entirety. You agree to be bound by these website Terms and Conditions of Use, all applicable laws and regulations. If you are using the site on behalf of a Company, you represent that you have the required authority to bind the Company to these Terms and Conditions. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree to any of these Terms, please do not use this Site. All purchases made or services availed through this Site will also be governed by these Terms and will be between you and Esource Parts. 

 

THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS

 

2. Registration 

 

You need to register with the site to make a purchase or avail a service. You must be 18 years of age or older; and submit your Name, address, billing address for shipping purpose, phone, fax, a valid email address during the registration process. 

 

By electing to register; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) You will not create more than one personal profile: (d) If we disable your account, you will not create another one without our permission. 

 

If required to enter a password then any password chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account by any third party.

 

 

 

3. Pricing

 

This Site provides you information about the various products available for sale and list of services rendered both online and in-store. You can also get the details by contacting us.

All prices quoted exclude HST, GST,  other duties/taxes that may be payable, and also shipping charges. 

 

4. Availability and Order Process

 

The repair and other Services provided by us are available only in-store. 

All the products displayed on our website are usually available. If there is a problem with your order in terms of availability of the products or our ability to deliver a particular product within the specified time, we shall contact you by telephone or notify you through email as soon as reasonably practicable.

 

4.1. Placing an order: While placing your order with the site, please use a valid email address, provide correct address with appropriate landmarks and phone number where you can be reached. We may be required to contact you while processing your order. Failure to provide a valid email address, correct phone number and address may affect order completion. Providing incorrect email address or phone number is a violation of the terms and conditions of this Agreement. This may result in forfeiture of any refund claim.

4.2. Instructions: You have to provide relevant and clear instructions regarding your requirements while placing the order to enable us to fulfil your orders appropriately. 

 

4.3. Tracking the order:You can monitor the status of the order through the tracking number provided by us. 

 

5. Acceptance 

 

There will be no contract of any kind between you and us unless and until we actually dispatch the product to you. At any point up until then, we may decline to supply the products to you without giving any reason. By dispatching the products (and not before), a contract is established between you and us. If we decline to supply products and payment has already been taken from your PayPal account or credit card, we shall credit your PayPal account or credit card with the payment received by us, within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered.

 

 

6. Delivery and Acceptance

 

Delivery of products purchased will be made to the address specified by you on the completed order form. Once the products are delivered to you, they will be held at your risk and we will not be liable for their loss or damage.

 

All deliveries are by third party carriers. If you are not able to take delivery of the products, depending on the carrier used, your products will either be stored at their office/warehouse for certain number of days as per the policy of the carrier from which place you can collect the products, or the carrier will attempt to redeliver the products to your address. 

 

Once the products are delivered to you, you have five working days to inspect the products. If you do not inspect the products and inform us within five days and the products are damaged, or we shipped you the wrong product etc, you will not be eligible for replacement.

 

We shall use our best endeavours to secure delivery at the earliest possible, based on the service you opt, your location, availability of service, etc. However, we shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.

 

If you order several products and some of them are out of stock, we will hold all the products until the last product is available and ship them together; or you may choose to have each product delivered separately and we reserve the right to charge you a delivery charge each time.

 

If our third party carriers cannot deliver the products, you will be contacted by both us and the couriers to arrange a re-delivery or pick up. If you do not respond or provide us with incorrect information, and the products are returned to us, you may be subject to a charge. If the products need re-delivering there will also be a re-delivery charge.

 

7. Cancellation

 

 

You have the right to cancel/modify your order within 24 hours after placing the order. However, if the products have already been dispatched at the time of receipt of your cancellation request, you must return the products to us in accordance with paragraph 8 below and we will credit your PayPal or credit card with the amount paid by you less outbound shipping costs, within 30 days beginning with the day on which notice of cancellation was given and after the returned products are received by us.

 

You can return the products within 3 days after the day following the delivery by contacting us and sending an email to:  [email protected]. If you do not return the products or fail to make them available for collection within 7 days of your notice of cancellation, you will be deemed to have accepted the products. This does not affect your statutory rights.

 

8. Returns and Replacements

 

If you want to return the product for the reason that it does not match your order, or it is defective/damaged, or for any other reason, you must contact us ([email protected]) within five working days of delivery of the product and create and submit an RMA. Once the RMA is received by us, we will send further instructions as to how to proceed. We may accept or deny the RMA. Once the approval for return is communicated to you, the product should be returned within 3 days. Please add the invoice number in your email.

In case you receive a defective product or a product other than what was ordered by you, we will arrange to replace the same.

 

We are not responsible for the returned products that we have not received. We therefore advise you to send the package insured, and ask for proof of delivery.

 

 

In all the above cases, you should contact us via [email protected]sourceparts.ca

In case you seek part refund, we will examine your request and determine the percentage and the exact amount that would qualify for refund based on the circumstances. 

 

9. Payment

 

You can purchase the products through this Site. All purchase payments are to be made upfront. You can pay by Master or Visa credit or PayPal . Payment for the in-house Services provided by us, can be made across the counter. 

 

Credit card payments are accepted online directly by the payment processing service concerned using the checkout page on our website. Your credit-debit card details are entered directly from your computer and will be encrypted to minimise the possibility of unauthorised access or disclosure..

 

10. Disclaimer 

 

Esource Parts does not provide any express or implied warranty of any kind. Despite our efforts to make the Site foolproof, the website content may include some inaccuracies, discrepancies or errors. We would be grateful if you bring to our immediate attention, any that you find. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The content provided is subject to changes. 

 

11. User Conduct and Prohibited Activities

 

11.1 You acknowledge and agree that esourceparts Site has provision for uploading/sending content to us via email, our live chat, and via help desk ticket created. You can also submit your reviews that are honest, fair and reasonable and which can be substantiated; about our Site, products and services, on Google, facebook as well as other social media sites. 

 

11.2 The following are prohibited activities, which could lead to the termination of your access to the Site/service by Esource Parts.

 

  1. License, sublicense, sell, resell, transfer, reproduce, duplicate or exploit any portion of the Services in any way without prior written consent of Esource Parts;

 

  1. Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Site/Service; 

 

  1. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraudulent activity, hide or attempt to hide your identity, or misrepresent the source or content of information transmitted through the Site;

 

  1. Transmit, distribute, post or submit any information  concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers, or spamming;

 

  1. Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site or all or any portion of the Site-Services;

 

  1. Distribute or facilitate distribution of any content, including but not limited to text, unsolicited commercial and other communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, or otherwise violates Esource Parts's rules or policies; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  1. Use the site for Spamming;

 

  1. Post to the Website or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;

 

  1. Use of bots, crawlers, or spiders, or other methods, to collect information from the Site;

 

  1. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site and Services.

 

12. Liability

 

If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via [email protected] of the problem within one working day of the delivery of the products in question.

 

If you do not receive the product ordered by you within a reasonable time, we shall have no liability to you unless you notify us in mail ([email protected]) of the problem. 

 

If you notify a problem to us under this condition, our only obligation will be, at your option:

To make good any shortage or non-delivery; or

To replace those damaged or defective Products 

 

We shall not be responsible or liable for any loss of data while undertaking repair services.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question.

 

Export of some of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of export of such products you purchase.

 

To the full extent permitted by applicable law, you agree that we will not be liable to you/or to any third party for any consequential or incidental damages (including but not limited to loss of anticipated savings or wasted expenditure), or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Site.

 

13. Third Party Websites 

This Site includes links to other websites including social media sites such as Facebook, Instagram, Twitter. Esource Parts is not responsible for content on such third party sites outside this Site. Esource Parts does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through their site or any hyperlinked site or featured in any banner or other advertising, if any.

 

14. General

 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

 

 

If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

 

Esource Parts reserves the right to modify/revise these Terms & Condition at any time without prior notice. A notification of the changes made may be displayed on the website. User is responsible for reviewing these Terms on each occasion that you revisit the Site and if you place any order after changes are made to the Terms, you are deemed to have accepted them.

 

A person who is not a party to these Terms shall have no right to enforce any term of  this document; but this shall not affect any right or remedy of a third party which exists or is available under the law concerned.

 

Entire Agreement/Severability/Waiver

This Agreement sets forth the entire agreement between you and Esource Parts in respect of this Site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Esource Parts’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.

Force Majeure: We or our service providers shall not be responsible for failure or delay in delivery of the products caused on account of war, hostility or sabotage, act of God, electrical, internet or telecommunication outage, government restrictions, earthquake, storms or other elements of nature, blockages, embargoes, riots, or other events beyond our reasonable control. If such force majeure event continues for more than 30 days, either of us may cancel the order upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the products delivered.

 

 

15. Governing Law & Dispute Resolution

 

These Terms shall be governed by and construed in accordance with the laws of Canada without regard to its choice of law provisions. You hereby consent to personal jurisdiction of Courts at Ontario, Canada. 

 

Any dispute, controversy or claim arising out of or relating to this Agreement including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by binding arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Ontario. Arbitration shall be conducted in English language. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

 

16. Contact Us

 

 

This Site is owned and operated by Esource Parts, 401 Traders Blvd East, Unit 9, Mississauga, Ontario, L4Z 2H8

 

If you have an order query or require any clarification regarding these Terms and Conditions, you can contact us by sending a mail to the above address; or through Email to: [email protected]