Terms and Conditions
(1) This site is operated by 2214583 Ontario LTD, doing business as Esource Parts (hereinafter referred to as "Esource Parts", "Company" or "We"), a Company incorporated under the laws of the Province of Ontario, having its principal place of business at 401 Traders Blvd. East, Unit 9, Mississauga, Ontario, Canada, L4Z 2H8. Throughout the site, the terms “we”, “us” and “our” refer to Esource Parts. Esource Parts offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
(2) By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
(3) Please read these Terms and Conditions carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the site, make any purchases through the site or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
(4) Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
(5) These Terms do not affect any statutory or other legal rights you may have under applicable law.
(6) Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. Online Store Terms; Ownership of Site
(1) By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
(2) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
(3) A breach or violation of any of the provisions of these Terms will result in an immediate termination of your Services.
(4) Our site and store may sell products that are manufactured or contain intellectual property rights owned by or licensed to third parties, including, without limitation, Apple, Samsung, Nintendo, Microsoft, LG, Sony, Google, Motorola, Blackberry, Huawei, One Plus, HTC, Alcatel, Asus, among others. Esource Parts is not an affiliate, authorized reseller or representative of any third party and you hereby to hold us harmless of any liability resulting therefrom or relating thereto
3. License; General Conditions
(1) Esource Parts grants you a limited license to access and make personal use of the site and its content for noncommercial purposes only and only to the extent such use does not violate these Terms. You may download, print and copy content for personal, noncommercial purposes only, provided you do not modify or alter the content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the site or any of its content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.
(2) Subject to applicable law, we reserve the right to refuse service to anyone for any reason at any time.
(3) You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
(4) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site, without express written permission by us.
(5) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. Accuracy, Completeness and Timeliness of Information
(1) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
(2) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. Modifications to the Service and Prices
(1) Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
(2) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. Products or Services;
(1) If you are not fully satisfied with your purchase of items sold on our site, you may return it in accordance with our Return & Warranty Policy.
(3) We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
(4) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
(5) Certain limited access portions of the Site require a user ID and password (“Protected Areas”). You agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the site may be revoked by us at any time with or without cause.
(6) Resellers acknowledge and agree that Esource Parts does not guarantee the discount on the products displayed on our website, furthermore, the discount rates may vary from product to product. Esource Parts reserves the right to change the discounted rates on products anytime without notification.
7. Quantity Limits and Dealer Sales; Incorrect Information
(1) Esource Parts reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account and also to orders that use the same billing and/or shipping address. We shall try our best to provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Esource Parts and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Esource Parts also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.
(2) In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
8. Accuracy of Account Information; Payment
(1) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
(2) If you pay by credit card or certain other payment instruments, the site provides a link to our payment processing agent. You hereby authorize us or any payment agent hired by us to bill your credit card or other payment instrument. You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
(3) Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
(4) We reserve the right to refuse supply of any product with any or no reason. In the event where you have already been charged for the product, we will reimburse you within 30 days of our order refusal, with no extra fees, charges or compensation being due to you.
9. Shipping; Delivery and Acceptance; Cancellation
(1) While purchasing a product on our site, you will be asked to select the applicable shipping method and its corresponding fee. All deliveries are carried out by third party carriers and we shall not be held liable for any liability arising from or in connection with their services, including, without limitation, loss or damages to the product or delays in delivery.
(2) Except as otherwise provided under applicable law, the risk of loss for an title to products purchase on this site passes to the purchaser upon delivery to the carrier.
(3) Once the product is delivered to you, you have 5 business days to inspect it and inform us of any damages to the product. Failure to do so within the timeframe will imply your acceptance of the product and you will therefore not be eligible for a return or replacement.
(4) You shall have the right to cancel or modify your order within 24 hours after its placement on our site; provided, however, that in the event where the purchased product had already been shipped by us by the time of cancellation, (i) you shall return the product to us at your own cost in accordance with our Return & Warranty Policy; and (ii) we shall issue a refund within 30 days of receipt of the returned product, less any shipping costs incurred by us.
10. Optional Tools
(1) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
(2) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
(3) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
(4) We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
11. Third-Party Links
(1) Certain content, products and services available via our Service may include materials from third-parties.
(2) Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.
(3) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. User Comments, Feedback and Other Submissions
(1) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
(2) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
(3) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. Personal Information
16. Disclaimer of Warranties; Limitation of Liability
(1) Products sold on our site shall be subject to our Return & Warranty Policy. Unless otherwise stated in the Return & Warranty Policy, these terms shall apply to your use of the Services or to any products you purchase through our site.
(2) We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
(3) You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(4) USERS ACKNOWLEDGE AND AGREE THAT ESOURCE PARTS AND OR ITS REPRESENTATIVES SHALL NOT BE HELD LIABLE IN THE EVENT THAT USER’S DEVICE GOT DAMAGED WITH THE RESULT OF USING OUR PRODUCTS. FURTHERMORE, USERS ACKNOWLEDGE THAT ESOURCE PARTS AND OR ITS REPRESENTATIVES SHALL NOT BE LIABLE IF THE USER SUFFERS SOME PHYSICAL DAMAGE AS RESULT OF USING OUR PRODUCTS. YOUR USE OF OUR PRODUCTS, ITS CONTENT AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR PRODUCT, ITS CONTENT OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH OUR SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PRODUCTS OR ITEMS OBTAINED THROUGH OUR SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(5) ESOURCE PARTS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ESOURCE PARTS SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. ESOURCE PARTS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
(6) COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(7) The information presented on or through our products is made available solely for general information purposes. We do not provide any information or guidance on how to change, replace the parts on your device, it shall be your sole obligation to research on the such matter. We do not warrant the accuracy, completeness or usefulness of this information nor any results expected from its use. Any reliance you place on such information or use is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USERS OF OUR PRODUCTS, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
(8) IN NO CASE SHALL ESOURCE PARTS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE OR YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Esource Parts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
18. Claims of Copyright Infringement
Our policy is to respond to notices of alleged infringement that comply with applicable law. If you are a copyright owner or an agent thereof and believe that any content on the site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") or other relevant legislation in your jurisdiction.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. Entire Agreement
(1) The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
(2) These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
22. Governing Law; Dispute Resolution.
a. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Toronto. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Toronto, Ontario. This Agreement shall be governed by the internal substantive laws of the province of Ontario, without respect to its conflict of law’s principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ontario or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
b. Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are unable to resolve a dispute, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where we reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION
23. Changes to the Terms and Conditions
(1) You can review the most current version of the Terms and Conditions at any time at this page.
(2) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our site, which shall become effective 30 days thereafter. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
24. Contact Information
The Service is operated by 2214583 Ontario LTD, doing business as Esource Parts.
All other feedback, comments, requests for technical support and other communications relating to these Terms should be directed to:
401 Traders Blvd. East, Unit 9, Mississauga, Ontario, Canada, L4Z 2H8