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Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY.
IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to
customers for purchases from ISIS Ceramic and Porcelain Inc.
(hereinafter referred to as “ISISDECOR”) and the ISIS entity named on
the invoice that will be provided to you (“Customer”) on orders
for products sold. Customer agrees to be bound by and accepts this
Agreement as applicable to Customer’s purchase of product(s) from
ISISDECOR, and/or the ISISDECOR Internet Website hereinafter
named the “Site.” As a condition of sale, Customer agrees to
be bound by and accepts these terms and conditions. These terms and
conditions apply (i) unless Customer has signed a separate formal
purchase Agreement with ISISDECOR, in which case the separate
Agreement shall govern; or (ii) unless other ISISDECOR standard terms
apply to the transaction as noted herein or elsewhere. These terms
and conditions are subject to change without prior written notice
at any time, in ISISDECOR’s sole discretion. YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF
THE TERMS AND USE OF THIS WEBSITE.
Customer’s receipt of an electronic or other form of order confirmation does not signify ISISDECOR’s acceptance of Customer’s order, nor does it constitute confirmation of ISISDECOR’s offer to sell. All orders are accepted in Alberta, Canada. ISISDECOR reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If a product is listed at an incorrect price due to typographical error or error in pricing information received from ISISDECOR’s suppliers, ISISDECOR shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and ISISDECOR cancels Customer’s order, ISISDECOR shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within ISISDECOR’s sole discretion and unless otherwise agreed to by ISISDECOR, payment must be received or otherwise authorized or secured in a form approved by ISISDECOR prior to ISISDECOR’s acceptance of an order. Payment for the products will be made by wire transfer, electronic funds transfer or some other prearranged payment method agreed to by ISISDECOR. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between ISISDECOR and the customer. ISISDECOR may invoice parts of an order separately. Orders are not binding upon ISISDECOR until accepted by ISISDECOR (see Order Acceptance Policy). Any quotations given by ISISDECOR will be valid for the period stated on the quotation. ISISDECOR reserves the right to adjust or cancel quotations as required.
3. SHIPPING
Customer is responsible for all costs of shipping the product(s) to the location specified by Customer; where applicable, separate charges for shipping and handling will be shown on ISISDECOR’s invoice(s). Shipping rates are for standard pick-up and delivery only and do not include any added services or special equipment (see “Shipping”). If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from ISISDECOR’s suppliers, ISISDECOR shall have the right to refuse, adjust or cancel any orders placed whether or not the order has been confirmed and whether or not payment has been remitted. Customer is responsible to inspect freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with ISISDECOR within ten (10) days from the date the shipment was delivered or in the case of lost freight, within ten (10) days after a reasonable time for delivery has elapsed (see “Claims”). ISISDECOR shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.
4. TAXES
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on ISISDECOR’s invoice.
5. TITLE; RISK OF LOSS
Title to product passes from ISISDECOR to Customer on shipment by ISISDECOR from its supplier’s facility, unless otherwise stated in Terms of Purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by ISISDECOR is ISISDECOR’s responsibility up to limit specified by insurer.
6. WARRANTIES
All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by ISISDECOR is set out under the heading “Warranty” located on the ISISDECOR Site where each product is described. Such limited warranty applies to each sale by ISISDECOR of that respective product. ISISDECOR makes no express warranties except those stated in this agreement and in ISISDECOR’s applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and ISISDECOR will be obligated to honor any such warranties, only upon ISISDECOR’s receipt of payment in full for the item to be warranted. Before returning any item, Customer must contact ISISDECOR’s Warranty Department for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific “Warranty”). No returns, of any type, will be accepted without a WA number. The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through ISISDECOR’s Warranty Department. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product “Warranty.” Whenever possible or as outlined under “Warranty,” all items must be in “as new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. ISISDECOR may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. ISISDECOR’s Warranty Department will advise Customer of the details specific to the warranty claim.
7. DISCLAIMER
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). ISISDECOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ISISDECOR ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. ISISDECOR DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. ISISDECOR DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
8. LIMITATION ON DAMAGES
ISISDECOR DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. ISISDECOR WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF ISISDECOR WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, ISISDECOR IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
9. RETURN AND EXCHANGE POLICY
All sales are final. ISISDECOR monitors product shipments and provides customer assistance in the event of carrier problems or destination errors. For inquiries regarding damaged or defective products, please refer to the warranty that obtains for a specific product, or e-mail Sales@ISISDECOR.com. Prior to signing for receipt of goods, it is the customer’s responsibility to inspect the product packaging for any indication that damage to the product may have occurred in transit. Failure to do so can void damage claims.
10. CURRENCY
All references to monetary amounts, including prices, on the ISISDECOR Website (the “Site”) and in this Agreement shall be in U.S. currency.
11. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws rules. ISISDECOR and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by ISISDECOR from its offices within the Province of Alberta, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Alberta and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
12. ARBITRATION
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.
13. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and ISISDECOR, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and ISISDECOR.
14. TERMS OF USE
Your access to, and use of the Site is governed by ISISDECOR’s Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in ISISDECOR’s sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.
15. HEADINGS
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Terms of Use
Welcome to the ISISDECOR web site (the "Site"). BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.
ISIS Ceramic and Porcelain Inc. ("ISISDECOR") reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with ISISDECOR for other products or services.
Questions or comments about the Site or its contents should be directed to Sales@isisdecor.com.
1.1 Privacy Policy. ISISDECOR believes strongly in protecting user privacy and providing you notice of ISISDECOR's collection and use data, including personal information, collected from the Site. Therefore, ISISDECOR has adopted a Privacy Policy that you should refer to fully understand how ISISDECOR uses and collects information.
1.2 Terms of Sale. All orders placed via the Site are governed by ISISDECOR's Terms of Sale. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in ISISDECOR's sole discretion so you should review the Terms of Sale each time you make a purchase.
After you have accepted these Terms of User, you may open a membership account under the Membership section of the Site (the "Membership Account"). As part of the membership registration, the person who opens the Membership Account on the Site (the "Administrator") may choose to provide to us the information of other users who are authorized to perform certain functions on the Administrator's behalf through the Membership Account ("Authorized Users"). The Administrator shall specifically select which functions each Authorized User has the authority to perform via the Site.
Authorized Users can access the Site using their own personal passwords, but can only perform the selected functions on the Administrator's behalf. At any time, an Administrator may change an Authorized User's personal password to prevent his or her access to the Site, limit the Authorized User's authority to perform certain functions on behalf of the member, or otherwise change, add or delete Authorized Users. If an Authorized User is no longer authorized to act on your behalf, the Administrator is responsible for using these security procedures that we have made available to you to terminate or limit the Authorized User's access to the Site.
You will receive a password and account designation when you have completed the Membership Account information. If you are the Administrator of your Membership Account, in consideration of your use of the Site, you agree:
(a) to provide true, accurate, current and complete information about yourself and/or the company that you represent, including but not limited to information about any and all Authorized Users; including any special circumstances or restrictions that apply to each Authorized User;
(b) that you represent and warrant that you have the capacity and authority to execute agreements and place orders for ISISDECOR products and services on behalf of you or your company;
(c) that an order placed by you or an Authorized User through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;
(d) that you are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, incurred in order to use the Site;
(e) that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Membership Account, and accept all liability for any acts or omissions of your Authorized Users arising out of their use of the Site, even if such acts or omissions are not specifically authorized by you;
(f) to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and
(g) that you are fully responsible for managing your Membership Account, including but not limited to:
(i) maintaining the confidentiality of passwords and/or any Membership Account information;
(ii) maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete;
(iii) ensuring that any Authorized User is has the capacity and authority to perform the functions that they have been authorized by you to perform on behalf of you or your company; and
(iv) terminate or limit any Authorized User's access to the Site if any Authorized User is no longer authorized to act or perform certain functions on your behalf.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Membership Account and refuse any and all current and future use of the Site by you. Membership Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.
All copyrighted and copyrightable materials on this Site, including, without limitation, the ISISDECOR logo, design, text, graphics, pictures, and other files, and the selection and arrangement ("Materials") thereof are the property of ISISDECOR, ALL RIGHTS RESERVED Copyright © 2006 ISIS Ceramic and Porcelain Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ISISDECOR or the respective copyright owner.
ISISDECOR, the ISISDECOR logo, and the products and services described in this Site, including without limitation, "ISISDECOR", are either trademarks, service marks or registered trademarks of ISISDECOR and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ISISDECOR or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ISISDECOR, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ISISDECOR. All other trademarks, registered trademarks, product names and ISISDECOR names or logos mentioned herein are the property of their respective owners.
ISISDECOR grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of ISISDECOR or any third party.
This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ISISDECOR, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of ISISDECOR or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any ISISDECOR trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without ISISDECOR's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an ISISDECOR name, trademark, or product name without ISISDECOR's express written consent.
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
You agree that ISISDECOR, in its sole discretion, may terminate your or any Authorized User's password, account or use of the Site, or restrict your or any Authorized User's access to any component of this Site, for any reason, including without limitation, for lack of use or if ISISDECOR believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. ISISDECOR may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that ISISDECOR may immediately deactivate or delete your Membership Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ISISDECOR shall not be liable to you or any third party for any termination or restriction of access to the Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY ISISDECOR TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. ISISDECOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE ISISDECOR SITE, ITS OPERATION, CONTENTS, INFORMATION, MATERIALS OR YEAR 2000 COMPLIANCE.
ISISDECOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT ISISDECOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ISISDECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ISISDECOR (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED CAD$100.00 OR THE COMPENSATION YOU PAID ISISDECOR, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
You shall indemnify, defend and hold harmless ISISDECOR and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users' use of this Site, including but not limited any violation by you or any Authorized User of the Terms of Use. ISISDECOR reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by ISISDECOR of the linked web site or information contained therein. ISISDECOR shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
The relationship between ISISDECOR and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.
This Agreement and its performance shall be governed by the laws of the Province of Alberta, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Edmonton, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of this Site and this Agreement.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
Due to the wholesale nature of ISISDECOR’s distribution channel, ISISDECOR does not accept traditional returns. In the unlikely event that your product is damaged or defective, Please contact ISISDECOR as soon as possible. If something is wrong with an order, we certainly want to help.
Please do not schedule installation of your products until after the product has been received and examined.
Installing a damaged or defective product may void a warranty or damage claim.
Product Damaged in Shipping:
What if there is visible damage or there are missing pieces when the product arrives?
If there is visible damage to the packaging or there are missing pieces upon arrival, ask the driver to write a note on the waybill stating the damage and/or missing product before you sign the waybill. After signing the waybill, please contact ISISDECOR at sales@isisdecor.com on the first available business day.
Our products are carefully packaged to avoid damage in shipping. Damage to products will virtually always be visible on the exterior of the pallet, crate, or lift.
If products are damaged inside of the packaging, please halt installation and contact ISISDECOR on the first available business day. ISISDECOR may request digital photos of the damage to determine the extent and severity of the problem.
If products have been damaged in shipping or are missing, ISISDECOR will replace the products or refund the price of those products. The decision to replace or refund will be made in consultation with you, the customer, as to which solution is acceptable for both parties.
What if there is concealed damage and I have already signed a way-bill showing no damage?
Hidden damage must be reported to ISISDECOR within 7 days. ISISDECOR may ask for pictures of the damaged product or send an inspector to examine the damaged product. If products have been damaged in shipping, or are missing, ISISDECOR will replace the damaged products or refund the price of the damaged products. The decision to replace or refund will be made in consultation with you, the customer, as to which solution is acceptable to both parties
What if the product arrives and is not what I ordered?
If you believe that you have received product that is not what you ordered, please contact ISISDECOR at sales@isisdecor.com on the first available business day. It is highly recommended that you purchase a product sample before ordering, as a reference. ISISDECOR may request digital photos of the product received to confirm product details, size, color, etc. If the products you have received do not match those that you have ordered, ISISDECOR will replace your products or pick-up and refund your purchase. The decision to replace or refund will be made in consultation with you, the customer, as to which solution is acceptable for both parties.
If it is determined that the product you have received is the correct grade, color, size, etc. according to your order, ISISDECOR will not be able to refund or exchange your product.
ISISDECOR strives to provide our customers the best customer service possible. If you have any questions regarding returns, shipping, or products, please contact a Customer Service Representative by email at sales@isisdecor.com.
ISIS Ceramic and Porcelain Inc. ("ISISDECOR") recognizes the importance of privacy and the sensitivity of Personal Information (as defined below). ISISDECOR believes in protecting your privacy. This policy outlines how we manage your Personal Information and safeguard your privacy.
By providing Personal information to us, you agree to the terms of this policy. However, we are committed to continuous improvement and value your input. We welcome your comments and/or suggestions on improving this policy. If you have any concerns, please write to our Privacy Officer at the address in this policy under the caption "Need More Information?".
This policy does not apply to the practices of companies or other entities that ISISDECOR does not manage or control. This policy does not apply to information regarding corporations or other non-individuals.
The following definitions are used solely for the purposes of this policy:
"Contact Information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual.
"Personal Information" means information about an identifiable individual, excluding Contact Information, and includes things such as gender, age, ethnicity, financial and credit information, health information, consumer preference information, customer profiles, ID numbers, and any other data assigned to an individual.
"Summarized Data" means records which have been stripped of information identifying individuals, and which have been manipulated or combined to provide generalized, anonymous information.
This policy covers our treatment of Personal Information that we collect, either through communications or interaction we may have with you (such as e-mails, telephone conversations, face-to-face or written correspondence) or through our website. This policy also covers our treatment of any information shared with us by third parties. Sometimes we may collect Personal Information about you from other sources, provided that such sources confirm to us that they are permitted to share such information, such information is publicly available or the collection is required or authorized by law. Examples of collection from other sources include collections from:
· a government agency or registry;
· a business, trade, or professional organization;
· your accountant;
· an employment agency or your current or previous employer.
ISISDECOR may collect and use your Personal Information for the following purposes:
· to administer and build your ISISDECOR account;
· to market new services and products that we believe will be of interest to you;
· to collect a debt owed to ISISDECOR or its agents; or to pay a debt owed by ISISDECOR;
· to help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money laundering;
· to help us make a decision with respect to employment or an appointment with ISISDECOR; and
· as required or authorized by law.
ISISDECOR does not and will not sell, rent, share or disclose your Personal Information without first receiving your permission or as disclosed in this policy. Under certain circumstances, ISISDECOR will disclose your Personal Information:
· when you have consented to the disclosure;
· to fulfill the purpose for which the Personal Information was collected;
· when the services we are providing to you require us to give information to third parties, for example: providing government-assigned identification numbers to customs brokers or other third parties responsible for processing customs clearance for shipments;
· if we engage a third party to provide services to us (such as payroll processing, computer back-up services, archival file storage, customer relationship management, advertising distribution) and the third party is bound by confidentiality obligations;
· to relay an opt-out request to third-party marketing agency (see "Opting Out " below);
· where it is necessary to collect a debt owed to ISISDECOR or its agents, or to pay a debt owed by ISISDECOR;
· to respond to an emergency where the health or safety of any individual is reasonably believed to be threatened;
· if the information is already publicly known; and
· when we are required or authorized by law to do so.
Except when we are required by law to disclose Personal Information, where commercially practicable we will use contractual or other arrangements to protect Personal Information disclosed to third parties.
We may also use your Personal Information to generate Summarized Data for internal use and for sharing with affiliates, subsidiaries, advertisers and business partners. Your identity and Personal Information will be kept anonymous in Summarized Data. Summarized Data will be used for marketing and planning purposes.
By providing Personal Information to us, you voluntarily consent to the collection, use and disclosure of Personal Information as specified in this policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your Personal Information in specific circumstances, in which case we may ask for your consent in writing although in some circumstances we may accept your oral consent. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. In addition, we may collect, use and disclose Personal Information without your consent when we are required or authorized by law to do so.
Individuals have the right to withdraw their consent to the collection, use, or disclosure of Personal Information at any time, except where that withdrawal would frustrate the performance of a legal obligation by ISISDECOR. Upon reasonable written notice given to ISISDECOR (address to Privacy Officer at the address in this policy under the caption "Need More Information?") all Personal Information held by ISISDECOR that is identifiable to that individual will be removed from our records and a notice of the impact of that removal will be provided to the individual. Notwithstanding the foregoing, if you withdraw consent, ISISDECOR nonetheless reserves the right to retain, collect, use and disclose Personal Information without your consent where we are permitted by law to do so.
· You may wish to opt out of receiving certain information or marketing and promotional material distributed by ISISDECOR. You may do so by selecting the opt-out or unsubscribe feature in our Online communications including our online newsletter and product updates, or by writing to ISISDECOR’s Privacy Officer at the address in this policy under the caption "Need More Information?".
· From time to time, ISISDECOR may engage a third-party marketing agency to distribute advertisements to consumers who have expressed an interest in receiving such material. For this purpose, the marketing agency may use its own distribution list. This list is not under ISISDECOR’s control nor is it shared with ISISDECOR. While ISISDECOR takes steps to ensure that the marketing agency lists only individuals who have provided their informed consent for the marketing purpose, it is possible that the individual may desire to opt-out from receiving further ISISDECOR advertisements. In this case, the individual may send his/her opt-out request in writing to ISISDECOR’s Privacy Officer (at the address noted above), providing enough detail to enable the requester’s identity to be confirmed. Upon confirming the identity of the requester, ISISDECOR will relay the opt-out request to the marketing agency in question. In such a case, however, the requester should be aware that his/her opt-out request could cause the marketing agency to cease all further advertising distributions to him/her. This could result in the requester not receiving material or information that might be of financial or other benefit from other organizations that also employ the same agency. In relaying an opt-out request to a third-party marketing agency, ISISDECOR therefore accepts no responsibility for any consequences to the requester arising from the actions of the agency.
· Individuals have the right to know what Personal Information ISISDECOR has collected about them, how that information is being used and to whom it has been disclosed, as well as to verify and amend that information if it is incorrect. An individual may make an access/correction request by writing to ISISDECOR’s Privacy Officer at the address in this policy under the caption "Need More Information?" Upon receiving the written request and a handling fee of US$10.00, and where the identity of the requester can be confirmed, information held by ISISDECOR that is identifiable to the requester, as well as information on all use and disclosures of that information, will normally be released to the requester within 30 days, except where that release is not required or is prohibited by law. If necessary, ISISDECOR will correct the Personal Information if requested to do so. Where an access/correction request requires more extensive treatment, we will advise the requester of the approximate cost of responding to the request. The requester should provide enough detail to enable ISISDECOR to confirm his/her identity.
Your rights to access your Personal Information are not absolute. We may deny access:
· when denial of access is required or authorized by law;
· when granting you access would have an unreasonable impact on other people's privacy;
· to protect our firm's rights and property; or
· where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct Personal Information, we will explain why.
You can visit the ISISDECOR website without registering for membership or subscribing to any corporate communications.
We cannot guarantee the confidentiality or security of any e-mail communications or information sent by you to us via the website. If you wish to send us confidential information, please notify us first to make arrangements.
Our website contains links to other sites, which are not governed by this policy. You should read the individual privacy policies of such websites, and make an informed decision whether or not to use these sites based upon their privacy practices.
Like most other commercial websites, our website may monitor traffic patterns, site usage and related site information. We may automatically (i.e., not via registration) collect or compile certain information when you access the website. Examples of this type of information include the aggregate and unique number of visitors to the website, the dates and times of visits to the website, IP addresses and the domains/countries of visitors, the pages of the website visited and the content accessed, the type and version of the browser and operating system used to access the site, search engine and search terms used within the website or to visit the website, referring sites, and HTTP errors generated. We use this information in order to assess the usage of our website and our marketing efforts, to optimize our website, and to monitor our site's performance. We may provide such information to our website contractors for these purposes.
Cookies
We are committed to providing personalized products and services to you. In order to do so, ISISDECOR uses cookies to store information about your web site visit. A cookie is a small amount of text that is sent to your browser from a web server and stored on your computer's hard drive. We ask permission to place the cookie on your computer's hard drive. If you agree by configuring your browser to accept cookies, then your browser adds the text in a small file.
ISISDECOR takes all reasonable steps to ensure that your Personal Information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps we take in order to protect your information are:
· premises security;
· restricted file access to personal information;
· deploying technological safeguards like security software and firewalls to protect against hacking or unauthorized computer access; and
· internal password and security policies.
· Personal Information will be retained in accordance with this policy only for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by law, after which time it will be made anonymous or destroyed unless you further consent to its continued retention.
Since ISISDECOR regularly reviews all of its policies and procedures, we may change this policy from time to time. ISISDECOR’s privacy policy was revised to reflect relevant privacy laws and regulations in effect March 1st, 2006. ISISDECOR website users or visitors may consult this privacy policy web page to view any changes to this policy. Material changes are effective on the last revised date posted at the bottom of this policy.
This policy will be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, excluding any conflict of laws rules that would apply another body of law. This policy constitutes and contains the entire agreement between you and ISISDECOR with respect to its subject matter and supersedes any prior oral or written agreements.
If any provision of this policy is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this policy will otherwise remain in full force and effect and enforceable.
Ultimately, you are responsible for maintaining the secrecy of your passwords and/or any Personal Information in your possession. Always be careful and responsible regarding your Personal Information.
Should you have any further questions or concerns about the privacy of personal information at ISISDECOR, please feel free to write to: Privacy Officer, ISISDECOR, RR1, Site 6 Box 12, St. Albert, Alberta, T8N 1M8
Last revised March 1/ 2006
ISISDECOR ships its products to customers virtually anywhere in the world. Our logistics technology is an integral part of our ISISDECOR so customers can instantly obtain prices inclusive of shipping costs. (Not currently active, but will be a future development.) Our logistics department will save you money by calculating the most efficient combination of routing and mode of transportation.
ISISDECOR tracks all shipments from supplier to final destination. Our logistics experts monitor your shipment though all stages of delivery and are available to assist you with any inquires while your order is in transit.
Freight rates for ground transportation (trucking and rail) are based on freight classification, weight, volume, origin, destination, fuel costs, insurance, and any applicable tolls, duties and tariffs. These rate inputs as well as competitive factors in the transportation industry cause ongoing rate changes among freight carriers.
ISISDECOR regularly queries rate tables from major North American carriers to obtain the best available rate for your ground shipment. We select the most effective routing for your delivery schedule to optimize your cost savings.
ISISDECOR negotiates substantially lower freight costs due to its worldwide shipping volume. These savings are reflected in our all inclusive purchase price. You may wish to understand the breakdown of the logistics involved.
From manufacturer pick up and through all delivery stages to the designated destination, we take care of everything for our customers, including insurance on lost or damaged goods in transit. Wherever required, ISISDECOR covers the following logistics operations:
· Export Customs Clearance (trucking from factory to vessel),
· Cargo Storing (if required at the terminal),
· Container Assignment (attaching a specific container to a steamship line),
· Customs Clearance (at the port of arrival),
· Examinations (Cargo inspections are now frequently required.),
· Demurrage (storage charges incurred for detained containers),
· Letter of indemnity (in event of discrepancy).
· Duties (where charged by governments),
· Merchandise processing fee (charged by Customs),
· Brokerage and other charges (administrative fees involved in Customs clearance),
Costs paid by ISISDECOR and invoiced to customer:
In North America, delivery to final destination (any zip code or postal code in United States or Canada), from one of our North American distribution points. (New York, Montreal, or Edmonton)
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