The applicability of conditions of the Customer, if any, is explicitly excluded.
Provisions that deviate from these General Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by Inaria in writing.
Conclusion of the Contract
Orders placed by the Customer via the website http://www.inaria.ca (hereinafter referred to as the “Website”) for the products offered by Inaria through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by Inaria to the Customer. The contract partner of the Customer is Inaria International Inc, Inaria shall be free to engage the services of third parties for the performance of its obligations under a sales contract.
Inaria decides at its sole discretion whether or not to accept any order. Should Inaria not show any reaction with 30 business days after the order has been placed, then the order is deemed to have been rejected.
All information provided by Inaria, whether through electronic intermittence or by telephone, shall be as accurate as reasonably possible. However, Inaria shall not be liable for any error. More specifically, delivery data shall be indicative only and the images of products offered on the Website are for illustration purposes only and Inaria shall not be bound thereby in any way whatsoever.
Inaria reserves the right to deliver products that are equal in quality, price, and/or function instead of the products ordered by the Customer.
Price and Costs
The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is the net price of the product not including taxes or shipping cost.
Inaria reserves the right to change the Purchase Price of any of the products offered at any time.
The Customer bears the shipping costs from our facility to the Customer, which shall be added to the Purchase Price. The Customer is informed of the amount of the shipping costs during the order transaction via the Website. Costs which may arise due to customs duties or customs clearance are borne by Inaira.
Power to Dissolve, Returning of Product
The Customer has a right to dissolve the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made by return of the products within thirty (30) days of receipt of the product(s).
The Customer bears the direct costs and risks of the returned products. A right of dissolution does not exist with regard to products made according to the Customer’s specifications, which are personalized or which are not suitable for return due to their nature and/or constitution. If the Customer exercises his/her right of dissolution, (s)he is obliged to return the products as soon as reasonably possible but at least within thirty (30) days of the dissolution.
Inaria has the right to set off any depreciation of products returned in case of (mis)use of the products. This is not applicable if the depreciation is the sole result of the examination of the products. The return of the products shall, as much as possible, include the original packaging. In case of an effective return, payments already received are to be refunded.
Filing of Complaints
In case a Customer wishes to file a written complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following address:
Inaria International Inc
61 Industry Street, Upper Level (suite “B”)
Toronto, ON M6M 4L5
Delivery is made to the address stipulated by the Customer. Inaria reserves the right to deliver products ordered partially.
Methods of Payment
Payment can be effected by the following credit cards: MasterCard and VISA.
Products shall only be dispatched to the Customer after full payment has been received by Inaria.
If the Customer does not pay any amount s/he owes pursuant to the foregoing, s/he is in default without notice. As soon as the Customer is in default on any payment, all Inaria remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims.
Reservation of Title
All products delivered by Inaria remain the property of Inaria until such time as the Customer has paid in full all amounts owed to Inaria in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
All disputes existing or arising between parties shall be heard exclusively by the competent Ontario court, unless the law provides for a mandatory other forum.
Maintenance of Products
The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. Inaria does not bear costs or compensate any damage occurring to products due to improper handling.
Inaria is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of Inaria or its own employees. Inaria’s liability for loss of profits, consequential or indirect damages is, however, at all times excluded, except in the case of intention on the part of Inaria itself.
In all cases in which Inaria is obliged to pay compensation for damages, this will never be higher than, at its option, either the invoice value of the product delivered to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of Inaria, the amount that is actually paid out by the insurer with respect thereto.
Any claim towards Inaria, except those recognized by Inaria, lapses after a period of 12 months from the time the claim arose.
Inaria is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in the provision to Inaria of parts, goods or services ordered from third parties other than by circumstances to be imputed to Inaria, accidents and interruptions of business operations.
In the case of force majeure on the part of Inaria, its obligations are suspended. If the force majeure lasts longer than three months, Inaria and the Customer are both authorized to rescind the non-feasible parts of the agreement by a written declaration.
The Customer acknowledges that Inaria is and remains the sole and exclusive owner of all trade names, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of Inaria. The Customer will in no event be granted Inaria’s proprietary rights.