Ketchway Inc. – www.ketchway.com- June 25th, 2016
Please read the following General Terms and Conditions of Use and the Terms and Conditions of Sale of this Ketchway Inc. website ("Website") carefully (this "Agreement").
Orders may only be placed on this Website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of KETCHWAY products purchased on this Website is strictly prohibited.
KETCHWAY INC. ("Ketchway") may amend this Agreement at any time immediately upon revision hereof and posting same as revised. You are solely responsible for reading this Agreement each time you visit and use this Website, and your continued use of this Website after any such amendment shall be deemed to express your unqualified agreement with this Agreement as then amended.
GENERAL TERMS AND CONDITIONS OF USE OF KETCHWAY WEBSITE
This Website is owned and operated by Ketchway. No person other than Ketchway is licensed to or permitted to sell KETCHWAY products in Canada over the Internet.
You agree and consent to Ketchway sending you information, by any media and at any address of yours that you have provided to Ketchway, concerning any Ketchway product promotion, advertisements, marketing information or other customer related materials. All communication to you by email will include an option for you to cancel, unsubscribe and withdraw your consent at any time.
1. Security and Personal Data
This Website is only intended for adults, and is not intended for children.
2. Intellectual Property
All material on this Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are deemed to be the exclusive property of Ketchway or the different products’ manufacturers. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on this Website.
The "Ketchway" trademark, and all other KETCHWAY related marks and logos, whether or not registered, displayed on this Website, as well as the domain name "Ketchway," are and will remain the exclusive property of Ketchway. Any reproduction, distribution, transmission, modification or Ketchway and/or use of these trademarks for any purpose without prior, express written agreement of either Ketchway is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on this Website or any content contained therein. You may make a single copy of web pages published on this Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
3. Privacy and Accuracy
The internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be assured. Ketchway shall not be liable or responsible for any interception of, access to, or fraudulent interference with, any communication or information you may send to this Website, whether credit card information, personal information, or otherwise, while in transit. The nature of internet communications means that your communications may be susceptible to data corruption, interception and delays. This Website may include inaccuracies or typographical errors. Ketchway and any other persons involved in the management of this Website may make changes in the products and prices described in this Website, and to the content of this Website, at any time without notice. Ketchway shall not be responsible for any detrimental reliance you place on this Website or its contents. Use of this Website is on an "as is" basis and is entirely at your own risk.
This Website may contain links to third party websites not under the operation or control of Ketchway. Other websites that may be accessed from this Website by hypertext links are entirely independent of this Website and shall NOT, in any manner, be construed as any reflection on, any affiliation with, or endorsement of, any such site or entity, or its respective products or services. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to this Website if expressly authorized in writing by Ketchway.
5. Limitation of Liability
IN CONNECTION WITH YOUR VIEWING AND USE OF THIS WEBSITE, EXCEPT FOR ANY COMMERCIAL TRANSACTIONS THAT MAY BE UNDERTAKEN IN CONNECTION WITH THIS WEBSITE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT KETCHWAY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, HARM, LIABILITY, LOSS, COST, EXPENSE, OR INJURY SUFFERED IN ANY CONNECTION WITH THIS WEBSITE WHATSOEVER, INCLUDING AS A RESULT OF USING, ACCESSING, COPYING, OR DOWNLOADING ANY PART OF THIS WEBSITE'S CONTENT. IN NO EVENT SHALL KETCHWAY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT, OR IN TORT, NEGLIGENCE, EQUITY, OR OTHERWISE EVEN IF KETCHWAY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE TO HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST KETCHWAY FOR LOST DATA, RE-RUN TIME, DATA CORRUPTION, BREACH OF SECURITY COMMUNICATION INTERCEPTION, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM ANY USE OF THIS WEBSITE.
Ketchway shall not be responsible or liable for any visit, use or detrimental reliance that you may place on this Website.
YOU AGREE AND ACCEPT THAT KETCHWAY DENIES, AND IS EXCLUDED FROM, ANY HARM, LOSS, DAMAGES OR OTHER LIABILITY ASSOCIATED WITH ANY UNAUTHORIZED THIRD PARTY CONDUCT CONCERNING THIS WEBSITE, INCLUDING ANY CYBER ATTACK, WEBSITE AVAILABILITY (DENIAL OF SERVICE ATTACK), OR HACKING OF THIS WEBSITE, REGARDLESS OF WHETHER OR NOT SAME ARISES WHERE ANY PERSONAL INFORMATION/CREDIT CARD INFORMATION MAY BE ACCESSED, SABOTAGED, VIEWED, COPIED, STOLEN, TRANSMITTED OUT OR OTHERWISE INTERFERED WITH.
6. Disclaimer of Warranty
You accept and agree that Ketchway does not guarantee or represent that:
- this Website is free from malware, unauthorized code, viruses, worms, trojan horses or other destructive material;
- the information contained on this Website are accurate, complete or up to date.
This Website may contain technical defects; Ketchway does not agree or guarantee that any such defects will be corrected.
YOU AGREE AND ACCEPT THAT THE CONTENTS OF THIS WEBSITE AND ALL GOODS THAT MAY BE PROVIDED IN ANY CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS", ARE, AND ARE FOR YOUR END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, KETCHWAY MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTIES AS TO THE SECURITY, CONFIDENTIALITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THIS WEBSITE OR ANY OF THE CONTENTS OF THIS WEBSITE, OR ANY GOODS THAT MAY BE PROVIDED OR SOLD IN ANY CONNECTION WITH THIS WEBSITE.
7. Website Languages
This Website, and this Agreement, is provided in both official languages of Canada: English and French.
8. Law - Disputes
This Agreement shall be exclusively governed by and construed in accordance with the laws of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to principles of conflicts of laws. You agree and confirm that all transactions, activities, undertakings by you and Ketchway, and your use of this website, are deemed to have exclusively occurred, and taken place, within the Province of Alberta, Canada. This Agreement, whether expressed in either English or French, shall be interpreted only in accordance with the English language version of this Agreement before an Alberta court of competent jurisdiction. In the event of a dispute, the Court of Queen’s Bench of Alberta and all courts of appeal there from shall have non-exclusive jurisdiction to consider and determine all disputes, litigation, and claims, both at law and in equity that may arise in connection with this Agreement. You hereby irrevocably attorn to and accept the exclusive jurisdiction and venue of such Alberta courts for such purposes and waive any right which you may have to transfer or change the venue of any suit, action, or proceeding.
PRODUCT PURCHASE TERMS AND CONDITIONS
1. Purchase - Terms of ordering
This Website may be used to order a selection of KETCHWAY products from Ketchway, directly online via the Internet. For each order on this Website, your acceptance of this Agreement in force at the date of the order will be requested. Only persons with legal capacity, including persons over the age of 18, may purchase goods from Ketchway through this Website. You represent, warrant and agree that you have such legal capacity, that you are not a minor, and that you acknowledge Ketchway's material reliance on such representation and warranty.
An Internet Shopping Specialist is available to assist with questions.
Quantities are subject to availability and at the discretion of Ketchway.
For any exceptional order, please contact Ketchway's Customer Service by phone or by email.
2. Purchase - Availability
Our offers of products and prices are valid only as they are presented on this Website, and subject to availability. From time to time, errors or amendments on this Website may exist, especially in case of simultaneous orders of the same product by several customers.
In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and we will propose to you to either order another item shown on this Website in substitution or to cancel your order. If you choose to cancel your order for non-personalized products or personalized products, you will be immediately refunded if your bank account or credit card has been debited.
Otherwise, orders for personalized products may only be cancelled within one (1) hour after you have received the first email confirming that such order has been placed by you. Personalized products may neither be returned nor exchanged.
Ketchway is not liable in case of stock outage or unavailability of products.
Ketchway reserves the right to change at any time and without any previous notice the items proposed on www.ketchway.com.
The products, which may be subject to a personalized marking, are indicated on the site Ketchway with a specific mention. Some products on the site Ketchway are exclusively sold with a personalized marking and therefore may not be purchased without customization.
3. Purchase – Finalization of the Order
You may at any time:
- add KETCHWAY products to your selection by clicking on "Purchase",
- view the selected KETCHWAY products by clicking on "my cart",
For each product selected on this Website, a summary page will be displayed automatically featuring a photograph of the item, its colouring and references, the quantity selected, its unit price and the total amount owed for your order. You are responsible for ensuring that information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Ketchway for processing. While every effort is taken to try to ensure that the colouring, design and style of the KETCHWAY products in the photographs displayed on this Website are representative of the original products, variations may occur due to technical restrictions of colour reproduction on your computer. You agree that all purchases you make on this Website are from Ketchway and no other party, and all legal and contractual obligations and duties in any connection with this Website, including any related orders and purchases, are strictly and exclusively between you and Ketchway, and do not involve the products manufacturers. Accordingly, these manufacturers shall be not responsible or liable in any connection within this Website, including concerning any error or inaccuracy in the photographs or graphical representations of KETCHWAY products displayed on this Website. If you have any questions about the products, you may of course contact our Customer Service by clicking on the hyperlink labeled "Contact”.
For every order you make on this Website, you must provide complete and accurate information that is required. The information requested shall include: title, surname, first name, phone number, e-mail address, delivery and invoicing address.
At the end of the ordering procedure, you are invited to click on the "pay for your purchases" button. When you have completed your order, your order will be transmitted to Ketchway for processing. You may only modify or cancel your order by contacting the Customer Service Department by e-mail, except that for orders which are subject to a personalized marking, you must contact the Customer Service Department immediately if you wish to make changes to such order and within twenty-four (24) hours after such order is accepted.
Not all orders may be accepted, and Ketchway reserves the right, in its absolute discretion, to decline or refuse any orders. Ketchway, reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Ketchway has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.
For each order to purchase products on this Website, you will receive an order summary. The acknowledgement of receipt shall mention the description of the products selected, the quantity, the price and the shipping cost. You can create an account in order to save your invoicing and delivery information for future orders. You will be asked to create your own password for subsequent use of the account. At your own risk, you agree to secure and protect your login information confidential and never communicate it to third parties. Accordingly, you agree that any purchase made using your login information shall be deemed to be done by you as the owner of the login information. If your password is lost, stolen or used fraudulently, you must inform Ketchway immediately. You may deactivate your account on this Website by sending an e-mail to Ketchway's Customer Service Department at any time. After deactivating your account, you are free to create a new account at your convenience.
The data registered by this Website records and maintains a record of all transactions operated between Ketchway and its customers. You agree and confirm that, in case of dispute between Ketchway and one of its customers about a transaction made on this Website, all information, transaction data, records, and your activities on this Website that is captured, recorded, stored and maintained by Ketchway shall constitute accurate, complete and reliable records and admissible legal evidence of all such activities, information, transactions and related content.
4. Purchase - Price Payment
The prices of Ketchway products are indicated in Canadian and US currencies, excluding taxes and shipping costs (see "6. Shipping and Delivery").
Ketchway reserves the right to modify the prices of products offered on this Website at any time by posting same as this Website and without prior notice to you. You will be charged the prices displayed on this Website at the time your order is placed provided the goods ordered were available at this time. The personalized marking will be invoiced according to the products concerned.
You are required to pay for any order placed on this Website immediately when you place your order. We only accept payment by charge card or credit card.
We accept the following charge cards and credit cards: MasterCard®, Visa®, and American Express®. Your order will only be processed and accepted once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will be debited when your order is placed. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods purchased.
5. Purchase - Reservation of title
All ordered products shall remain the property of Ketchway until payment is received by Ketchway and delivery has been made to you.
6. Shipping and Delivery
Goods will be shipped to the delivery address specified in your order.
You will be asked to select the shipment method you would prefer as part of the order procedure.
Delivery costs depend on the value of your order and the delivery service you select (See “Shipping Policy”).
If you are not sure of your postal code, please contact our Customer Service, we will be happy to assist you.
We will inform you of the shipping costs for the shipment method you would have selected in the order summary displayed on this Website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
6.1. Delivery Time - Time required for delivery
Delivery time depend on the delivery service you select (See “Shipping Policy”).
Some items may be subject to delivery delays. If your order is not able to ship immediately, an Internet Shopping Specialist will contact you to provide more detail and an estimated shipping date.
However, Ketchway reserves the right to divide the delivery of your order into part shipments. In this case, your charge card or credit card will only be debited for the goods shipped and for a single shipment fee for the aggregate order.
6.2. Delivery Time – Delay
You must report any failure to deliver or late delivery exceeding eight (8) business days to our customer service as soon as possible. In order for your claim to be accepted, do not notify us of non-delivery more than a maximum of thirty (30) calendar days from the date you were provided with the confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund in accordance with appropriate terms (See “Return Policy”).
Ketchway shall not be responsible or liable for any delivery or return delays, interruptions, sabotage, interference or failures that are caused (whether directly or indirectly) by any cause, event, or circumstance that is outside of Ketchway’s influence or control, such as (without limitation) any labour unrest (strikes, lock-outs or otherwise), civil unrest, third party criminal conduct, pandemic, natural disasters, extreme weather or accidents.
6.3. Returns - Exchanges – Refunds
(See “Return Policy”).
Your order will be accepted for refund or exchange if returned in original condition and packaging, within thirty (15) days from the delivery date. The returned item(s) must be accompanied with the original receipt or a copy in the case of a partial return.
A product ordered on the Ketchway site and which has been subject to a personalized marking at the purchaser request will not be accepted for return or exchange. All items subject to a personalized marking are Final Sale.
Please contact our customer service by e-mail for obtaining a return authorization number. You can then return your package at Standard Shipping rate by a carrier of your choice to the address given to you with the return authorization number. In this case, it is your responsibility to obtain proof that the goods have been returned, and to return the goods by a registered carrier of your choice, which gives proof of posting and delivery. Ketchway is not responsible for items returned to Ketchway, which are lost, misdirected or delivered late by a carrier of your choice.
Ketchway has sole and absolute discretion in determining whether the products are in original condition when returned to Ketchway.