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Terms of Sale

TERMS OF SALE

 

In addition to the Terms of Use which govern your use of the Stokes website available at www.stokesstores.com (the “Website”), these Terms of Sale govern any order or purchase you make on the Website. Stokes Inc. (“Stokes”, “we” or “us”) is the operator of the Website and the supplier for your order. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order.

 

Please print and retain a copy of these Terms of Sale for your records.

 

PURCHASE INFORMATION

 

Purchases on the Website are limited to persons above the age of majority in their jurisdiction of residence.

 

You will be required to create an account in order to make a purchase on the Website. Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account.  Such e-mail is a confirmation that your order has been received by Stokes but does not constitute an acceptance of your order.  A shipping confirmation e-mail will be sent to confirm that your order has been accepted and that the order has been shipped.   

 

You will not be able to make changes to your order once you have submitted it.  Stokes reserves the right, at its sole discretion, to cancel or refuse any order for any reason.  Some situations that may result in your order being cancelled or refused are (i) limitations on quantities available for purchase; (ii) inaccuracies or errors in product or pricing information on the Website; or (iii) our inability to confirm or obtain authorization for charges to your credit card.  We may also require additional verifications or information before accepting any order.  Stokes will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

 

PRICES AND CURRENCY

 

The prices displayed on the Website are shown in Canadian dollars. During the checkout process, shipping and handling fees and taxes are listed, if applicable.  You are responsible for the payment of any shipping and handling fees and any federal or provincial taxes that may apply to your order.  Taxes are charged based on Federal and Provincial laws.  Tax rate is based on shipping address provided at the time of checkout.  

 

PAYMENT METHOD

 

You may pay for your order using American Express, MasterCard, Visa or PayPal.  Cash, credit vouchers, cheques, gift cards or international credit cards are not accepted.  When paying by credit card, your name, address and postal code must match the name, address and postal code on your credit card statement.  You authorize Stokes to charge the applicable payment method the total amount of your order, including applicable taxes and shipping and handling fees.  You represent and warrant that you are the holder of the applicable card or account.  If your payment method cannot be validated or processed, your order will not be shipped and Stokes will have no obligation to fulfil your order.  

 

SHIPPING  INFORMATION

 

Purchases made on the Website can be shipped within Canada only.  The shipping address provided at the time of checkout must be a valid and a complete Canadian Shipping address.  You may track your order using the tracking number sent to your e-mail  address at the time of order.

 

Shipping Table

 

RETURNS AND EXCHANGES

 

You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and Stokes will respect all such applicable laws.  In addition to these statutory rights, Stokes permits returns and exchanges in accordance with this section.      

 

All purchases made on the Website may only be returned for refund by mail.  All returned merchandise must be unused and in original packaging.

 

To make a return by mail, you must receive a Return Merchandise Authorization number (RMA) within 21 days of the purchase date by either (i) visiting www.stokesstores.com and logging into your account; or (ii) contacting Customer Service at ecommerce@stokesstores.com, and return the merchandise to the address provided within 31 days of the purchase date.  Following inspection of the merchandise, refunds will be processed using the same credit card or PayPal account used for the original payment.  The refund amount will reflect the price of the item at the time of purchase and any applicable taxes.  Shipping charges on the original purchase and any applicable taxes on the shipping charges will not be refunded.  You are solely responsible for all delivery costs associated with the return of the merchandise.  Unauthorized returns or returns that do not meet the abovementioned criteria will not be refunded and will be returned to the customer at their own cost.

 

  

 

DISCLAIMER/LIMITATION ON LIABILITY

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

STOKES DISCLAIMS ALL WARRANTIES WITH RESPECT TO PRODUCTS SOLD ON THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.   

IN NO EVENT SHALL STOKES OR ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND THAT RESULT FROM OR IN CONNECTION WITH THE USE OF ANY PRODUCTS SOLD ON THE WEBSITE, EVEN IF STOKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

MANUFACTURER WARRANTIES

 

Stokes is a reseller of products manufactured by other companies. You may be entitled to the benefit of a warranty, if any, provided by the original manufacturer of the products that you purchase from Stokes. For warranty claims, please contact the manufacturer of your product.

 

AVAILABILITY AND DESCRIPTIONS

 

The purchase of products on the Website is subject to availability.  In the event that the product you request is not available at the time of your order, Stokes will have no obligation to fulfill your order and you will have no obligation to pay Stokes for the order.  Adding products to your Cart or Wish List does not guarantee availability at the time of your order. 

 

Although we strive to update and keep accurate product and pricing information on the Website, errors and/or omissions may occur.  In the event that an item is listed at an incorrect price or with incorrect information, Stokes shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item.  If an item is incorrectly priced and Stokes elects to refuse or cancel your order, we will notify you of such refusal or cancellation. 

 

PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME.  WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE WEBSITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

 

QUANTITY LIMITS

 

Stokes reserves the right, at its 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, the same credit card, and also to orders that use the same billing and/or shipping address.  Stokes also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers.  

 

APPLICABLE LAW 

Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern these Terms of Use, these Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montreal, Province of Quebec. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 

GENERAL

 

These Terms of Sale, the details of your order and all other notices posted on the Website constitute the entire agreement between you and Stokes with respect to your purchase of products through the Website.  If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced.  The delay or failure of Stokes to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Stokes’ rights with respect to such breach or any subsequent breaches.  Stokes shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control.  You may not assign these Terms of Sale to any third party without the prior written consent of Stokes.  These Terms of Sale will be binding upon and will enure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) Stokes and its successors and assigns.  Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Sale.

 

CHANGES  

 

The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Stokes may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Stokes you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order. 

 

NOTICE

 

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Sale, by posting notices or links to such revised Terms of Sale on the Website itself.

 

If you have any questions or comments regarding these Terms of Use please contact us at finance@stokesstores.com.