Terms & Conditions of Sale

Last update: August 28, 2015

 

  1. TERMS AND CONDITIONS
  • In addition to the Website Terms of Use that govern the use of the Nasri International Inc. website www.everydaysunday.ca (“Website”), the present Terms and Conditions of Sale apply to any order or purchase you make on the Website (“Terms & Conditions”). Purchasing 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.
  • IMPORTANT – This is a legal agreement between you and Nasri. Please read the entire Terms & Conditions carefully. Nasri is willing to allow you to place orders only on the condition that you accept and agree to all of the Terms & Conditions. If you do not agree, you may not order products on this WebsiteThe Terms & Conditions include an exclusion of all warranties and a requirement that we arbitrate any legal disputes between us.
  • The Terms and Conditions that apply to your order are those that are available online and in effect on the date your order is placed. From time to time, Nasri may change the Terms & Conditions in its sole discretion, and will post the updated terms
    on the Website. We may, but are not obligated to inform you of the change in Terms and Conditions by email or by regular mail. Any changes will apply to all orders placed after the coming into force of the amendment. Each time you place an order on
    the Website, you represent that you have had access, read and accepted the Terms & Conditions applicable to the given order.
  • Please print and retain a copy of the Terms and Conditions for your own records. For any questions or comments regarding these Terms and Conditions, you can contact us.

 

  1. INFORMATION REQUIRED TO MAKE PURCHASES
  • Nasri only sells products on the Website to adults, 18 years or age or older.
  • 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 with respect to your account with us as soon as you are aware of them.
  • All orders are subject to acceptance by Nasri. 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 United States 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, state, provincial and other taxes that apply to your order. The taxes are determined according to the applicable local, state, 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/zip code you specify and it applies for all visits to the Website. You can update this postal code/zip code and your shipping address before completing your order, or in your account preferences settings.

 

  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/zip code) must match the name and mailing address (including postal code/zip 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 and the United States only. The delivery address on the order confirmation must be a complete and valid Canadian or United States 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.
  • All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Nasri. Title to products purchased on the Website passes to you when Nasri delivers these items to the carrier. 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
  • In addition to any rights mandated by applicable law, Nasri allows returns according to the terms and conditions of the following Return Policy.

 

  1. WARRANTY DISCLAIMER; LIMITATIONS AND EXCLUSIONS OF LIABILITY 
  • THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF STATUTORY OR IMPLIED WARRANTIES, LIABILITY OR CERTAIN DAMAGES AND/OR REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS AND/OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. 
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NASRI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS SOLD ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, BASED ON USAGE OF TRADE, AND NON-VIOLATION OF RIGHTS PERTAINING TO THIRD PARTIES, AND ALL WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. NASRI ASSUMES NO RESPONSIBILITY THAT THE PRODUCTS PURCHASED ON THE WEBSITE WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS.
  • Nasri is an authorized reseller of the products manufactured by third-party companies that are sold on the Website. You may be able to benefit, if available, from warranties offered by these manufacturers. To benefit from these warranties, please contact the manufacturers.
  • LIMITATIONS AND EXCLUSIONS OF LIABILITY
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL NASRI, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS OR DIRECTORS NOR ANY PARTY INVOLVED IN THE PURCHASE AND SALE OF THE PRODUCTS FROM THE WEBSITE BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR  OTHER TYPE OF DAMAGE (INCLUDING DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOST PROFITS, REPUTATIONAL HARM) ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE ORDERING PLATFORM, THE PLACEMENT, PAYMENT FOR AND FULFILLMENT OF YOUR ORDER, OR THE PRODUCTS PURCHASED, WHETHER WE HAVE BEEN ADVISED OR NOT OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE WHATSOEVER OR THAT SUCH A LOSS OR DAMAGE WAS REASONABLY FORSEEABLE, AND WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY.TO THE EXTENT ANY LIABILITY TO YOU IS FOUND WITH RESPECT TO YOUR ORDER OR THE PRODUCT, YOU AGREE THAT SUCH LIABILITY WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT IN QUESTION.

 

  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 obligated 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 YOU OF IT. WE DO NOT WARRANT 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 or refuse to accept sales to dealers or resellers.

 

  1. APPLICABLE LAW; ARBITRATION
  • 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 internal laws of the State of New York, USA.
  • To the extent permitted by applicable law, you and we both agree that all disputes regarding the products you purchased on the Website, your order or the Terms & Conditions shall be exclusively submitted to arbitration in New York City, NY before a single arbitrator selected by the American Arbitration Association.
  • If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable for any reason whatsoever, you and we accept to remove the unlawful, void or unenforceable part and it will not affect the validity and enforceability of the other provisions of the Terms and Conditions.

 

  1. PRIVACY POLICY
  • Nasri collects and uses personal information from you in the course of operating the Website and shares such information for certain purposes. Please review our Privacy Policy.

 

  1. GENERAL
  • These Terms and Conditions, supplemented by (i) the specific written details of your order and all other notices posted and presented on our Website, (ii) the Privacy Policy, (iii) the Website 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 you and us with respect to the purchase and sale of products from the Website 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, transfer or delegate its rights and obligations under these Terms and Conditions without your consent.
  • These Terms and Conditions bind you and your heirs, executors, administrators and other legal representatives.
  • Once you submit your order, these Terms & Conditions apply and may not be terminated. All the provisions herein survive the acceptance of the order and the delivery of the products. 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.