Terms & Conditions of Sale

Last update: August 28, 2015

 

  1. TERMS AND CONDITIONS
  • In addition to the Terms of Use that govern the use of the Nasri International Inc. website everydaysunday.ca (“Website”), the present Terms and Conditions of Sale apply to any order or purchase you make on the Website (“Terms & Conditions”). Selling products on this site may be subject to additional conditions that will be communicated at the time of purchase.
  • Nasri International Inc. 500, boul. Lebeau, Montreal, H4N 1R5, Quebec, Canada (“Nasri” or “we”) operates the Website and is the supplier of the goods shown there. By placing an order, which requires the acceptance of these Terms and Conditions, you agree to be bound by them, regardless of whether you have read them or not. If you do not accept these Terms and Conditions, do not place an order.
  • Please print and retain a copy of the Terms and Conditions for your own records.

 

  1. INFORMATION REQUIRED TO MAKE PURCHASES
  • Purchases on the Website are reserved for individuals who have reached the age of majority in their place of residence.
  • To access certain sections of this Website, such as to make a purchase, we may ask you to create an account and complete the online registration form. In this regard, you agree to provide true, current and complete information and to update this information as soon as possible after any changes to this information have occurred. You can select or we can assign to you a username or password. You alone are responsible for keeping that password and username confidential for all the activities performed under the password and username on this Website. You agree to notify Nasri of any unauthorized use of your password or your username or any other breach of security as soon as you are aware of them.
  • A receipt confirming your order will be sent as an automated email message to the email address associated with your account. This email is a confirmation that Nasri has received your order, but it does not confirm acceptance of your order by Nasri. The acceptance of your order will instead be confirmed by an email confirming the delivery of products specified by your order.
  • Before submitting your order, you will have the chance to correct mistakes and, finally, to “accept” or “reject” submitting your order. Once confirmed and submitted, you will not be able to make changes to your order. Nasri reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Among others, the following situations may lead to the cancellation or refusal of your order: (i) unavailability of products to fulfill the purchase, (ii) misstatement in relation to a product or a price; or (iii) inability to confirm or obtain authorization to charge your credit card. We may also need to make additional verifications or get more information before confirming your order. Nasri will contact you to inform you that all or a part of your order is cancelled or if additional information is required to complete and accept your order.

 

  1. PRICE AND CURRENCY
  • The prices displayed on the Website are in Canadian dollars. Before completing the order, if applicable, the cost of shipping and handling and any additional charges payable under law, such as taxes, will be disclosed. You are responsible for paying the costs of shipping and handling and all federal and provincial taxes that apply to your order. The taxes are determined according to the applicable provincial and federal laws. The rate of tax charged is based on the shipping address provided when you complete the order.
  • The prices of some items online can vary depending on your delivery address. The first time you create an account on our Website, we save the postal code you specify and it applies for all visits to the Website. You can update this postal code and your shipping address before completing your order, or in your account preferences.

 

  1. METHOD OF PAYMENT
  • You may pay for your order by using American Express, MasterCard, Visa, PayPal, or gift cards.
  • When paying with a credit card, your name and postal address (including postal code) must match the name and mailing address (including postal code) associated with your credit card. You authorize Nasri to charge the full amount of your order to the payment method indicated, including costs of shipping and handling and applicable taxes.

 

  1. DELIVERY INFORMATION
  • Purchases made on the Website may be delivered in Canada only. The delivery address on the order confirmation must be a complete and valid Canadian mailing address. All orders are shipped by Canada Post (Expedited Parcel Service). You can follow your order on the Canada Post website using the tracking number emailed to the address provided at the time of placing the order.
  • Unless otherwise provided in these Terms and Conditions, a flat rate shipping and handling fee of seven dollars ($7.00) will be added to all orders.
  • Nasri is not responsible for the loss affecting products after shipment from Nasri facilities or those of its agents to your delivery address.

 

  1. RETURNS AND REFUNDS
  • You have certain statutory rights to cancel your order, according to provincial consumer protection laws, and Nasri is committed to respecting the public policy aspects of these laws.
  • In addition to these statutory rights, Nasri allows returns according to the terms and conditions of the following Return Policy.

 

  1. LIMITATIONS AND EXCLUSIONS OF LIABILITY
  • THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THAT OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF STATUTORY WARRANTIES, LIABILITY OR CERTAIN DAMAGES AND/OR REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS AND/OR SERVICES. IF THESE LAWS APPLY TO YOU, THE FOLLOWING DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
  • Nasri makes no warranty, express or implied, regarding the products sold on the Website, including all warranties and representations of marketable quality, the use to which it is normally intended, and non-violation of rights pertaining to third parties.
  • Nasri is an authorized reseller of the products manufactured by third-party companies that are sold on the Website. You can benefit, if possible, from warranties offered by these manufacturers. To benefit from these warranties, please contact the manufacturers.

 

  1. AVAILABILITY AND DESCRIPTION
  • The purchase of products on the Website depends on the availability of the products. If a requested product is not available at the time of ordering, Nasri is not obliged to fulfill your order and, in return, you will not have to pay Nasri for your order. Adding a product to your “basket” or your “wish list” does not guarantee availability when placing your order.
  • Descriptions of products made by third-party companies that are sold on the Website, and the representations, warranties and performance information originating from suppliers are not subject to independent verification by Nasri. The accuracy of such statements is the sole responsibility of suppliers. If you believe a product purchased does not match the description given during your purchase, your sole remedy is to return it in accordance to the Return Policy.
  • PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES FOR ANY PERIOD OF TIME. PRODUCTS AND PRICES MAY VARY AND THEY MAY BE REMOVED FROM THE MARKET. DESPITE THE FACT THAT WE DO OUR BEST TO UPDATE AND MAINTAIN THE ACCURACY OF THE INFORMATION ON OUR WEBSITE, INCLUDING PRODUCT AVAILABILITY AND PRICES, ERRORS AND/OR OMISSIONS ARE POSSIBLE. IN THE EVENT AN ITEM IS NOT AVAILABLE OR IS PRESENTED WITH AN INCORRECT PRICE OR WITH INACCURATE INFORMATION, NASRI HAS THE RIGHT, AT ITS SOLE DISCRETION, TO REFUSE OR CANCEL ANY ORDER INCLUDING THIS ITEM. IN THIS CASE, NASRI WILL INFORM YOUR OF IT. WE DO NOT WARRANTY THE ACCURACY, COMPLETENESS AND RELIABILITY OF THE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE WEBSITE.

 

  1. LIMITED QUANTITY
  • Nasri reserves the right, at its sole discretion, to limit the number of items purchased per person, per family or per order. These restrictions apply to orders completed from the same account, the same credit card and may also be based on the same billing or delivery address. Nasri reserves the right, at its sole discretion, to prohibit sales to dealers or resellers.

 

  1. APPLICABLE LAW
  • Unless the laws of your jurisdiction require that it be the laws of your jurisdiction that should govern these Terms and Conditions, these Terms and Conditions will be governed and interpreted by the applicable laws of the Province of Quebec and those of Canada and all disputes shall be submitted to a competent court in the district of Montreal in the Province of Quebec.
  • If any provision of these Terms and Conditions is unlawful, void or unenforceable for any reason whatsoever, this provision must be regarded as not being part of the remaining provisions of the Terms and Conditions and as not affecting the validity and enforceability of the other provisions of the Terms and Conditions.

 

  1. PRIVACY POLICY
  • Nasri collects and uses personal information in the course of operating the Website and in compliance with applicable laws and its Privacy Policy.

 

  1. GENERAL
  • These Terms and Conditions, such as are supplemented by (i) the details of your order and all other notices posted and presented on our Website, (ii) the Privacy Policy, (iii) the Terms of Use, (iv) the Shipping and Returns Policy and (v) all other Terms of Use that may be communicated from time to time by Nasri, together constitute the entire agreement between the parties as to its subject and supersedes any agreement, representation, warranty or prior agreement, whether written or oral, express or implied, in this regard.
  • The delay or failure of Nasri to act with regards to any failure on your part to comply with these Terms and Conditions does not constitute a waiver on the part of Nasri. Except where otherwise provided by law, Nasri will not be liable for any delay or failure to fulfill any of its obligations hereunder if that delay or failure is caused by an event beyond its control.
  • You may not assign these Terms and Conditions to a third party without the prior consent of Nasri. Nasri may assign its rights and obligations under these Terms and Conditions without your consent (i) to an affiliated company, or (ii) as part of a merger or sale of all or a substantial part of its business or of its assets.
  • These Terms and Conditions bind you and your heirs, executors, administrators and other legal representatives.
  • Subject to the contrary herein, any provision of these Terms and Conditions that imposes or contemplates the survival of rights or obligations pertaining to you or we will survive the expiration or termination of these Terms and Conditions.
  • If one or several clauses in these Terms and Conditions of Sale are found unenforceable by a competent authority court, you and we accept to remove this unenforceable part and to still enforce the rest of these Terms and Conditions of Sale.

 

  1. CHANGES
  • The Terms and Conditions that apply to your order are those that are available online and in effect on the date your order is completed. From time to time, Nasri may change the Terms and Conditions under applicable law. Any changes will apply to all orders placed after the coming into force of the amendment. So each time you place an order on the Website, you represent that you have had access, read and accepted the Terms and Conditions applicable to the given order.

 

  1. NOTICE
  • Notice informing you of the change in Terms and Conditions can be sent by email or by regular mail, or by posting notices or links on the Website concerning the amended terms.
  • For any questions or comments regarding these Terms and Conditions, you can contact us.