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The following is the terms of the agreement between TECHNIKA
(“Company”) and the buyer (“Buyer”) of goods or services through the
Company’s Website (the “Site”). If you do not agree to these terms, you
will not be able to purchase anything, so please review these terms
Buyer agrees to the terms and conditions outlined in this Online
Contract ("Contract") with respect to the goods, services and
information provided by or through the Site. This
Contract constitutes the entire and only agreement between the Company
and Buyer, and supersedes any and all prior or contemporaneous
agreements, representations, warranties, and understandings with respect
to the goods, services and information provided by or through the Site,
and the subject matter of this Contract. Buyer agrees to review
this Contract prior to purchasing anything and purchase of a good or
service shall be deemed acceptance of this Contract.
Buyer represents and warrants that (i) the credit card information
supplied is true, correct and complete and (ii) charges incurred by the
Buyer will be honored by the Buyer's credit card company and (iii) Buyer
shall pay charges incurred by Buyer at the amounts in effect at the
time incurred, including all applicable taxes. Buyer shall be
responsible for all charges incurred through use of Buyer's password.
Buyer agrees to keep his or her password confidential and to notify
Company within 24 hours of any breach of this Contract or unauthorized
use of the password. Company does not protect Buyer from unauthorized
use of Buyer's password.
The content, organization, gathering, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, and other proprietary
(including but not limited to intellectual property) rights, and, the
copying, redistribution, use or publication by a Buyer of any such
content or any part of the Site is prohibited.
Company reserves the right in its sole discretion to edit or delete any
information or content appearing on the Site and to remove any goods and
services for sale. Upon notice published over the Service, Company may
modify this Contract, or prices, and may discontinue or revise any or
all aspects of the Site in its sole discretion and without prior notice.
Modification of this Contract will be deemed effective upon publication
on the Site with respect to transactions occurring after said date.
Company reserves the right in its sole discretion to refuse service at
any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates,
licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Buyer's
violation of this Contract or use of the Site.
Buyer's right to use the Service is not transferable and is subject to
any limits established by Company or by Buyer's credit card company.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY
REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER,
SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR
ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY
APPLY REGARDING LIMITATION OF LIABILITY.
If a product purchased is defective or not to Buyer’s satisfaction,
Buyer can return the product in its original condition within 45
days of receipt, following the instructions into your account.
In such event, Company shall provide Buyer a credit for other purchases
from the Site (less shipping and handling charges incurred). This
Section 9 sets forth Buyer’s sole and exclusive right to refund.
Company reserves the right, and Buyer authorizes Company, to the use and
assignment of all information regarding Buyer’s use of the Site and all
information provided by Buyer, subject to applicable law.
This Contract shall be treated as though it were executed and performed
in Quebec, Canada and shall be governed by and construed in accordance
with the laws of Quebec, Canada (without regard to conflict of law
principles). All actions shall be subject to the limitations set
forth in Section 8. The language in this Contract shall be interpreted
as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract
shall be brought solely in Quebec, Canadaand Buyer expressly submits to
the jurisdiction of said courts and Buyer consents to extra-territorial
service of process. Should any part of this Contract be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law as nearly as possible to reflect the original intentions
of the parties and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site or
the Company is in conflict or inconsistent with this Contract, this
Contract shall take precedence. Failure of Company to enforce any
provision of this Contract shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between you and us
regarding your relationship to Online and supersedes any prior
statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF
THIS ONLINE AGREEMENT, then you can purchase any product or service on
this site. IF YOU DON'T AGREE, we ask you to leave our site.
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