Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING THIS WEBSITE
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Display and Transaction Currency
All transactions for products and services purchased on this website are processed in Canadian Dollars or US Dollars. For your convenience in comparing our prices, you may select another currency to display product prices. In this case, prices displayed are converted from Canadian dollars to the alternate currency using an estimated current exchange rate. Note that because of fluctuating currency exchange values and variable bank exchange rates, your final price may be different than that displayed with the product. All final currency exchange and processing fees associated with the use of payment methods in other than US or Canadian funds are the responsibility of the purchaser.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under US, Canadian and other copyright laws, and is the property of Part Shops Canada Ltd. The collective work includes works that are licensed to Part Shops Canada Ltd. from suppliers and other entities. Copyright 2016, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or to purchase products from Part Shops Canada Ltd. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Part Shops Canada Ltd. You further agree not to change or delete proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Part Shops Canada Ltd. used in the site are trademarks or registered trademarks of Part Shops Canada Ltd.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied, excepting product warranties offered directly by product manufacturers. To the fullest extent permissible pursuant to applicable law, Part Shops Canada Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Part Shops Canada Ltd. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Part Shops Canada Ltd. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some provinces do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Part Shops Canada Ltd. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Part Shops Canada Ltd. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Part Shops Canada Ltd. product is mistakenly listed at an incorrect price or quantity, or if the product title or description contains information that is misleading, Part Shops Canada Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, quantity or details. Part Shops Canada Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Part Shops Canada Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.
Prepayment is required for all items purchased. We do not offer accounts with deferred payment terms. If any payment for a valid order that has been fulfilled is cancelled by a customer, including, without limitation, chargebacks by the customer's credit card provider/payment gateway, or the cancellation or dishonoring of a check provided as payment, we reserve the right to pursue the balance owning by any legal means necessary, including collection or legal action as appropriate. Balances owing shall accrue interest at an APR or 19.99% beginning from the date of default and administrative, bank, legal or collection costs shall be borne by the customer. Any legal action shall be governed by the laws of the Province of Ontario, Canada.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Part Shops Canada Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Part Shops Canada Ltd. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Part Shops Canada Ltd.
Your use of this site shall be governed in all respects by the laws of the province of Ontario (Canada), without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Part Shops Canada Ltd. products) shall be in the provincial courts located in Simcoe County, Ontario, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Part Shops Canada Ltd. products) must be commenced within one (1) year after the claim or cause of action arises. Part Shops Canada Ltd.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Part Shops Canada Ltd. may assign their rights and duties under this Agreement jointly or severally to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Part Shops Canada Ltd. employee or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Part Shops Canada Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Part Shops Canada Ltd. is merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the site. However, Part Shops Canada Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Part Shops Canada Ltd. in their sole discretion.
You agree to indemnify, defend, and hold harmless Part Shops Canada Ltd., their officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Part Shops Canada Ltd. may link to sites operated by third parties. However, even if the third party is affiliated with Part Shops Canada Ltd., Part Shops Canada Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Part Shops Canada Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Part Shops Canada Ltd. seeks to protect the integrity of this web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).