- Terms & Conditions
Terms & Conditions
This website (the “Site”) is owned and operated by Rack Stop Stores Ltd. (“Rack Stop”). Throughout the Site, the terms “we”, “us” and “our” refer to Rack Stop.
SECTION 1 – ACCEPTANCE OF TERMS
By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms (“Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use this Site.
SECTION 2 – USE LICENCE
Rack Stop grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept the Terms without modification. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of these Terms. In addition, as a condition of your use of this Site, you represent and warrant to Rack Stop that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these Terms. If you do not agree to accept these Terms without modification, do not use this Site.
SECTION 3 – TRADEMARKS
The trademarks, trade names, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Rack Stop. Nothing on this Site should be construed as granting you any license or right to use any Trademark displayed on the Site, without the written permission of Rack Stop.
SECTION 4 - THIRD-PARTY LINKS
This Site may contain links to other websites which are provided to you for your convenience. Please note that the provision of any links to other websites does not constitute an endorsement by Rack Stop of such linked websites. All such other websites are wholly independent from this Site and from Rack Stop, and we have no control or power over such other websites including their content. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. If you visit any of the linked websites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.
SECTION 5 - ONLINE STORE TERMS
In order to purchase through this Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Site as payable by you. All prices listed on this Site are in Canadian dollars and all charges will be processed in Canadian dollars. Any product ordered or purchased from this Site may only be ordered or purchased for lawful purposes and any other use is not permitted. Rack Stop reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Site. In addition to any other rights or remedies, Rack Stop may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Site at any time.
SECTION 6 - PRODUCTS
This Site displays products available for purchase in Canada only (“Products”), however not all Products are available at all times and Products may be changed, substituted or discontinued at any time. Prices for our Products are subject to change without notice. Rack Stop attempts to provide an accurate description of the Products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. The sale of all Products is subject to return or exchange only accordance with our Shipping and Return Policies.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made through this Site. You warrant the accuracy of all this information. Should all or part of the delivery address prove incorrect, you are responsible for all our costs including, administrative and transportation costs associated with returning the orders in accordance with our Shipping and Return Policies. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 – DISCLAIMER AND EXCLUSION OF LIABILITY
You understand that Rack Stop is not the manufacturer of the Products you purchased hereunder and that the only warranties offered are those of the manufacturer, not Rack Stop. In purchasing the Products, you are relying on the manufacturers’ specifications only, including manufacturers’ installation instructions, and not on any statements, specifications, photographs or other illustrations of the Products that may be provided by Rack Stop or are on this Site. You acknowledge that no employee of Rack Stop is authorized to make any representation or warranty on behalf Rack Stop that are not set out in these Terms.
Except as expressly stated herein, there are no representations and warranties of any kind regarding the Products, either express or implied, including but not limited to any implied representations, warranties or conditions of title, design, operation, merchantability, fitness for a particular purpose, and non-infringement. Rack Stop, and its officers, directors, agents and servants and its affiliates and their respective officers, directors, agents and servants are not liable to you nor to any other party for any liability for loss or damages to property, person or animal, including without limitation strict liability, due directly or indirectly, arising from, connected with or relating to the Products, delay in the delivery of the Products or the design, installation, use, performance and operation of the Products, including, without limitation, economic and consequential losses and direct or indirect, incidental,exemplary and punitive damages (whether in contract, tort or otherwise) or any other claims or expenses in any manner resulting directly or indirectly from any action, omission, negligence, including gross negligence or any error or omission in the Products, the manufacture of the Products, the installation of the Products, or any use or application of the Products, and any misrepresentation, misstatement, imprudence, lack of skill or error of judgment of or by Rack Stop or its officers, directors, agents and servants or its affiliates and their respective officers, directors, agents and servants. Rack Stop's liability owing with respect to any claim, demand, action or other proceeding relating to the Products shall be limited to the total amount actually paid to Rack Stop by you for the Products. The provisions of this limitation of liability shall not merge in and will survive any completion or termination of any agreement between you and Rack Stop.
SECTION 10 - ENTIRE AGREEMENT
Other than these Terms, together with any other terms and policies referred to or hyperlinked herein, and the agreement between you and Rack Stop relating to the sale of Products, Rack Stop will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
SECTION 11 - GOVERNING LAW
These Terms are governed by and are to be construed in accordance with the laws of British Columbia, and the applicable laws of Canada.
SECTION 12 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.
If you have any questions about these Terms, you can contact us through any of the available methods listed on our Contact page.
These Terms are effective from March 1, 2017