Terms and Conditions
Exceltoner.ca (we, us and our) developed and maintains our website (the Site) and currently allows access to the Site free-of-charge to users who agree to abide by the terms and conditions of this Agreement. We operate our website and do business in Quebec, Canada. By doing business with us you agree that all disputes, regardless of whether we are the plaintiff or defendant will be settled in a court of competent jurisdiction for the Quebec.
2. License and Access
Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, we grant you a limited and revocable licence to access and make non- commercial use of selected web services of our websites at our sole discretion. We encourage all person over the age of majority in your province of residence to enjoy the Site and we do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. If you are under the age of majority in your province of residence, you may use our Website Services only with involvement of a parent of guardian.
Any portion of our websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. This licence does not include any use of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. Any unauthorized use terminates the licence granted by us and may constitute your infringement of our intellectual property rights. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by us or our licensors, suppliers, publishers, or other content providers.
Your order is thoroughly reviewed by us to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. We screen all credit card transactions diligently for credit card fraud. We will pursue fraudulent orders to the fullest extent of the law, no matter how small the amount. Credit card fraud shall refer to all instances of any of the following:
- Unauthorised use or abuse of a third party's credit card details to place an order on Our Websites.
- Dispute of a legitimate credit card charge with your credit card issuer for any amount that is owed and payable to us for an order that you had placed on Our Websites, resulting in non payment on your part for items that you had ordered.
- Intentional non payment on your part for items that you had ordered on Our Websites.
We reserve the right to take legal action against any fraudulent order and claim all expenses and damages arising from our actions to reclaim the amount of the fraudulent order.Check orders are only shipped after the check clears. Please allow five-business days after we receive your check for your shipment to take place. Please note we charge either $15 or the maximum allowable by law for all dishonored checks.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or any portion of our websites is accurate, complete, reliable, current, or error-free. If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our content providers, we shall have the right to refuse or cancel any orders placed for such product listed in error whether or not the order has been confirmed and your credit card charged. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
5.Order Acceptance Policy
Listings on our websites are not an offer to sell goods, rather, they are advertisements to receive offers. All orders are subject to review and acceptance by us. We reserve the right to limit quantities available for sale or sold, and that at any time to correct, cancel, reject or terminate any order for any reason whatsoever at our sole discretion, whether or not the order has been submitted, confirmed and/or charged to your credit card. We will promptly issue a credit to your credit card if an order has been charged for a purchase and subsequently cancelled.
6.Restrictions on Use of Copyrights and Trademarks
This Site and all materials on the Site, including, but not limited to the sales copy, navigational aids, images, illustrations, and logos are either our or our affiliates and licensors property and are protected from unauthorized copying and distribution by copyright law, trademark law, international conventions and other intellectual property laws. If you desire to use these properties, you must obtain our written consent prior to your use.
7.Disclaimer About Our Advertising Partners or Links We Offer to Other Sites
For some products that we offer, we have teamed up with leading companies to bring you quality services and products. Our reference to them as an Advertising Partner does not mean that we are partners with these companies in the legal sense, merely that we are working with them to offer products and services to you.
All companies that we feature on our site are solely responsible for their own obligations to you and while we are not legally responsible for their obligations, be assured that we will always assist you in dealing with them should any issues arise.
We do not control any of the sites that may be linked to from the Site and therefore we are not responsible for the content of any sites that may be linked to the Site. These links are here only as a convenience to you and you access them at your own risk. In addition, we do not expressly endorse any product or service merely by virtue of having a link to their site.
8.Your Privacy Rights – How We Protect Your Information
Prices on the website do not include sales tax or any other customs duties, use, value added, excise, federal, state, local or other taxes. Quebec residents will be charged sales tax GST and QST, and residents from other provinces will be charged sales tax GST.
10. Terms of Limited Warranty
In addition to our 90 days RISK FREE Guarantee, we at Exceltoner.ca also warrant to the original customer purchasing such products directly from Exceltoner.ca that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. We have to limit any claim under this warranty to the customer who purchased such product and only while such customer owns such product. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Exceltoner.ca. Any claim with respect to such products where the purchaser seeks a refund of the purchase price must be made 90 days from the original date of shipment by Exceltoner.ca. The purchaser can make claims to receive replacement product for a period of one-year from the original date of shipment by Exceltoner.ca.
OTHER THAN THE TERMS OF THE LIMITED WARRANTY SET FORTH IMMEDIATELY ABOVE WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. Disclaimer of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
13. Return Procedures
If you need to return any product(s) purchased from Exceltoner.ca then you must FIRST obtain a Return Merchandise Authorization (RMA) number by simply submitting your request by our online customers inquiry form, or calling us by our tollfree number 1-866-438-1120 (Est time 9AM to 5PM, Monday to Friday). This is a simple process and is described fully in the return merchandise section. To see the complete list of procedures for returning merchandise – Return Policy.
14. Manner of Refunds
Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.
15. Undelivered Products
We understand that you want to get your order a quickly as possible, but unfortunately sometimes there is a delay caused by the carrier used to deliver products. Because of this we have a 15-business-day waiting period before any product will be resent.
16. Restriction Against Component Resale
We are in the business of selling products to the persons that will use them. If you plan to resell our products please give us a call. Since this is a retail website we require that the customer agree that they will not engage in the business of reselling components purchased from Exceltoner.ca, or remove components from product for resale, except upon express prior written authorization of Exceltoner.ca. Any resale of product or components will void all guarantees and warranties.
Customer may not assign its rights or obligations hereunder without the express prior written consent of Exceltoner.ca.
18. The Foregoing Represents the Entire Agreement
These terms and conditions constitute the entire agreement between Exceltoner.ca and the customer regarding any sale these terms expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY Exceltoner.ca, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Exceltoner.ca. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
19. Severability of Sections
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Exceltoner.ca will not tolerate spamming and has a zero tolerance policy regarding the transmission of spam e-mail.
Exceltoner.ca requires that all of our affiliates abide by our Anti-Spam policy and they expressly warrant that they will not engage in spamming. If you feel that you have received spam e-mail, please call us by our tollfree number 1-866-438-1120 (Est time 9AM to 5PM, Monday to Friday). We want to assure you that your complaint will be taken very seriously. We need your help to insure that no one is sending unauthorized e-mails.