Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Marchant's School Sport Ltd.. The collective work includes works that are licensed to Marchant's School Sport Ltd.. Copyright 2003, Marchant's School Sport Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Marchant's School Sport Ltd. or purchasing Marchant's School Sport Ltd. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Marchant's School Sport Ltd. or to purchase Marchant's School Sport Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Marchant's School Sport Ltd.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Marchant's School Sport Ltd. used in the site are trademarks or registered trademarks of Marchant's School Sport Ltd.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Marchant's School Sport Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Marchant's School Sport Ltd. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Marchant's School Sport Ltd. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Marchant's School Sport Ltd. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Marchant's School Sport Ltd. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Marchant's School Sport Ltd. product is mistakenly listed at an incorrect price, shipping fee or any other charge (i.e. decoration fee) Marchant's School Sport Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Marchant's School Sport Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Marchant's School Sport Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Marchant's School Sport Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice:
Marchant's School Sport Ltd. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Marchant's School Sport Ltd..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Marchant's School Sport Ltd. products) shall be in the state or federal courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Marchant's School Sport Ltd. products) must be commenced within one (1) year after the claim or cause of action arises. Marchant's School Sport Ltd.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Marchant's School Sport Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you. All prices are subject to change without notice. Prices are subject to applicable taxes.
Returns/Exchange:
Both exchanges and returns are dealt in similar manner. Goods may not be returned/exchanged without a valid return authorization (RA) number and must be in like-new condition. Returns/Exchanges must be done within 30 days of the purchase. Returns/Exchanges are subject to a 15% restocking charge. (Some apparel items may have a restocking charge as high as 20%). In the event that a returned item has any packaging, parts, manuals, warranty documents or any other items missing, the return may be refused or we may deduct the value of the missing piece(s).
We reserve the rights to refuse a return if the product is found to be used and not in "like new condition"
Initial cost of shipping is not refundable. Customer is responsible for the shipping charges to send the goods back. Customized/Decorated goods are not returnable/exchangeable. All shortages or damaged goods must be reported within 72 hours.
Arbitrary Returns: In the event of a customer returns an order or a part of an order arbitrarily without obtaining a valid "return authorization", customer agrees to pay any cost of return shipping charges. If customer doesn't pay return charges when shipping, charges will be deducted from the eligible refund amount.
Shipping:
Most items are shipped F.O.B. our warehouse (Toronto). The customer agrees to pay any additional courier charges caused by an incorrect shipping/delivery address being provided by the customer.
If a package is returned back to the Marchant's warehouse without being delivered, the customer is liable for initial shipping cost plus the cost of "Return Shipment".
Shipper reserves the rights to choose the carrier even though the order states otherwise in order to offer a fast, economical and safe delivery of the package. If the customer requires a specific carrier to be used please state so in the comments section.
Shipping Charges: Please note that due to the nature of the products we ship, the Freight charges that are initially applied to your order are only estimated. An email will be sent to you following your order being processed with the correct amount of Freight. (All charges are based on the weight, size of the product and the destination it is going to.)
Wrong Address: In the event customer submits a wrong address and if it results in an address correction or re-shipment, additional freight charges may be applicable.
Re-Shipping Charges:
If the order returns back to our warehouse without being delivered in customer error (i.e. not picking up the order or due to wrong address) customer requires the order to be shipped again, re-shipping charges will apply.
Shipment Refusals: In the event of a customer refusing a legitimately placed order or a part of an order arbitrarily without obtaining a valid "return authorization", customer agrees to pay any cost of original shipping charges and return shipping charges. If customer doesn't pay return charges when shipping, charges will be deducted from the eligible refund amount. A restocking fee of up to 20% also may be applicable.
US Customers: Please note that some orders (over $200 total) that are shipped to the USA from Canada will have a brokerage fee applied by the freight company (i.e. UPS) to handle customs processing. Also some items will have duty added. We will notify you by email prior to shipping your order of these extra shipping charges. Certain free shipped items may exclude Alaska and Hawaii of the offer.
Note: Not all items can be shipped to the USA. We do not ship any apparel items to the US.
Installation:
Some items may require installation whether it states or not in the product page and customer is responsible for any installation. Installation cost is not included in the price.
In-Store Pickups:
Customers will receive a call and/or e-mail to arrange for pick up when the order is ready. Visiting our office prior to the call does not guarantee the availability of the product. Any orders that are not picked up within 60 days after the order is ready, will be cancelled and the product put back into stock. A restocking fee of 15% of the order value will also be charged to the customer account. (At certain times the restocking fee could be 20%)
Leaving Packages Unattended (SNR - Signature Not Required service):
If you wish for a No Signature Required delivery of your purchase, please give us the authorization in writing, via an email to sales@marchants.com for the courier to deliver all shipments to the above address without obtaining a proof of delivery signature (e.g., leaving shipments at premises unattended).
By requesting SNR, you release and indemnify Marchant's from and against any claims for loss or damages, including indirect or consequential damages, resulting from the delivery of any shipments as authorized herein.
Please note, this service is only available in select areas as well as available only for sales orders totaling less than $150.00.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Marchant's School Sport Ltd. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Marchant's School Sport Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Marchant's School Sport Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Marchant's School Sport Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Marchant's School Sport Ltd. in its sole discretion.
Indemnification:
You agree to indemnify, defend, and hold harmless Marchant's School Sport Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links:
In an attempt to provide increased value to our visitors, Marchant's School Sport Ltd. may link to sites operated by third parties. However, even if the third party is affiliated with Marchant's School Sport Ltd., Marchant's School Sport Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Marchant's School Sport Ltd.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Marchant's School Sport Ltd. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
