Terms and Conditions | HAVENS Feed Canada

HAVENS FEED CANADA TERMS AND CONDITIONS

To protect your own interests you must read and understand the following important terms before purchasing products from us at www.havensHORSEfeedcanada.com (the “site”). If you are uncertain as to your rights under these Terms or you want any explanation about them please e-mail us at info@havenshorsefeedcanada.com.

When you buy products from us under these Terms you have legal rights. The law gives you certain legal rights including that the products are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights.

1. Introduction

(a) These Terms explain how you may buy products from the Site. You should read the following Terms carefully before buying any products. When buying any products you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you will not be allowed to buy any products unless we agree otherwise. If you have any questions about these Terms, please contact us at info@havenshorsefeedcanada.com.

(b) We are registered in the province of Alberta.

2. Definitions

(a) In these Terms, the following words have the following meanings:

"Terms" the terms and conditions set out in this document, any Additional Terms and any Specific Terms;

"We", "Us" or "Our" means Havens Feed Canada Inc. a company registered in Canada and with the registered office at 103, 6030-88 Street, Edmonton, Alberta, Canada T6E 6G4; and

"You" or "Your" means the person buying products from the Site.

(b) Ordering Products from the Site

(i) The steps required to create the Contract between you and us are as follows:

(A) You place an order on the Site.

(B) When your order is placed with us at the end of the online checkout process, you will acknowledge your acceptance of these terms and conditions.

(D) We will receive confirmation of the payment transaction being processed, to our Credit, at which time the Contract is formed between us.

(c) When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting your order to us.

3. Nature of the Products and Faulty Products

(a) The law gives you certain legal rights if any of our products are faulty. You have rights relating to refunds and to have such products repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights.

(b) The packaging of the products may vary from that shown on the Site.

(c) If we experience difficulties in supplying certain products we may need to substitute them with alternative products of equal or better standard and value (with your permission by phone or Email); or cancel your order and refund your payment.

4. Delivery

(a) If you have arranged for delivery following your purchase of the products, the estimated date for delivery of the products will communicated to you by phone or Email following successful payment (the “Delivery Confirmation”. If something happens which is outside of our control and which affects the estimated date of delivery, we will use commercially reasonable efforts to provide you a revised estimated date for delivery of the products. Unless you and we agree otherwise, if we cannot deliver your products within 30 days of the Delivery Confirmation, we may e-mail you to advise you and we may cancel your order.

(b) Delivery of the products will take place when your delivery services picks them up from our operations in Alberta, to take them to the address that you gave to us. We will use the delivery service of you choose following your placing your order, You agree that ownership of the products you order will transfer when picked up by your selected delivery service, and that the transaction concludes at our facilities in Alberta, Canada.

5. Payment

(a) We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part you agree that we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.

(b) All payments by credit card or debit card need to be authorized by the relevant card issuer. If your payment is subsequently cancelled, rejected or otherwise not made to us and you have already received the products that you ordered from us, you must pay for such products within 5 days or must return them to us as soon as possible. You must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals provided with the products) and not use them before you return them to us. If you do not pay for the products or return them to us in accordance with this paragraph:

(i) we may collect the products from you at your expense. We will e-mail to advise you if we intend to do this; and/or

(ii) we may also charge interest on any balance outstanding at the rate of 3% per annum above the Bank of Montreal’s base rate. We will e-mail to advise you if we intend to do this.

(i) includes GST at the applicable rate;

(ii) does not include the cost of delivering the products; and

(iii) is quoted in Canadian dollars ($).

6. Termination of the Contract. If the Contract is terminated it will not affect our right to receive any money which you owe to us under the Terms.

7. Limitation on our Liability. Except for fraud or fraudulent misrepresentation, and to the extent permitted by law, we will only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

8. Disputes and Language

(a) We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of Calgary, Alberta will have exclusive jurisdiction in relation to the Terms. Relevant Alberta law will apply to these Terms.

(b) The parties acknowledge that they have required that the Terms and all related documents be prepared in English.