The website www.hellyhansen.com (the "Website") is a site operated by Helly Hansen Leisure Canada company number 13397901, (the "Seller"), whose registered address is at 8187 Swenson Way, Delta, BC V4G 1J5, Canada. The Seller may be contacted by phone 1-866-376-4183.
The Buyer is the person stated as Buyer in the Order (the "Buyer"). The Seller supplies the products ("Products") listed on the Website.
These conditions of sale constitute, together with the Order and the Order Confirmation, the total contractual basis for the purchase (the "Agreement").
The prices referred to in the Website do not include all applicable taxes.
Information about the total amount to be paid by the Buyer, including environmental fees, where relevant, and all other fees and delivery costs, and the purchase specification of each element of the total price, is given in the order ("Order") before payment is made. All prices, fees, charges and costs are listed in Canadian dollars.
The Seller will acknowledge receipt of the Order electronically. All Orders are subject to acceptance by the Seller. As the acknowledgement of receipt is not acceptance of the Order, the Seller will confirm such acceptance to the Buyer by sending an e-mail that confirms that the Product has been despatched (the "Order Confirmation"). The Buyer shall review the Order Confirmation for any non-compliance with the Order both in terms of numbers, type of Product, price etc. Any discrepancy between the Order and the Order Confirmation shall be reported to the Seller as soon as reasonably possible either by clicking the contact us button www.hellyhansen.com/customer-service or by calling the Seller at 1-866-376-4183.
To the extent permitted by law, the Seller cannot be held liable for and is not bound by writing or typing errors occurring in the communication with the Buyer.
Where the Product is out of stock, the Seller may offer the Buyer information about alternative Products.
The Seller reserves the right to cancel Orders made by Buyers acting in the course of trade.
In Order to be able to shop at www.shop.hellyhansen.com , the Buyer must be over the age of majority in his or her province of residence.
The Seller accepts payment with MasterCard, Visa and Paypal. The Seller will not charge the Buyer's debit or credit card until the Product has been despatched. The Seller may decline the Buyer's Order if the payment through the Buyer's debit or credit card is declined.
Delivery will be made to the address stated in the Order Confirmation. The Buyer chooses the method of delivery from the choices offered upon Ordering.
The date of delivery will depend on the Buyer’s chosen method of delivery and will appear in the Order Confirmation.
Ownership of the Product will only pass to the Buyer when the Seller receives full payment of all sums due in respect of the Product. If the time of delivery has arrived and the Buyer fails to have the Product delivered to him after the Product is made available to the Buyer, the Buyer will be responsible for any loss of or damage to the Product.
The Buyer may cancel the purchase of the product pursuant to applicable provincial laws. The right of cancellation may, subject to such laws, be exercised even if the product is free from defects and prior to the product being delivered.
When the Buyer receives the Product, he/she should examine whether or not the Product is in accordance with the Order and whether the Product has been damaged during transport or whether the Product suffers from defects. If the Product is not in accordance with the Order, has been damaged during transport or suffers from defects, the Buyer must give notice to the Seller in accordance with section 9. The Seller will refund or replace Products which are damaged, defective or not in accordance with the Order on delivery.
If at any time after delivery the Product is found to be defective, the Buyer must, within reasonable time after the Buyer became aware of the defect, send a notice to the Seller of the defect. This must be done no later than two months from when the defect was discovered by the Buyer. Any notices of default and notices of claims must be made in writing, either by clicking the contact us button www.hellyhansen.com/customer-service or by calling the seller at 1-866-376-4183.
If the product suffers from defects or the Seller does not deliver the product or delivers the product later than the agreed time of delivery, and the defects and/or the delay is not caused by the Buyer or circumstances for which the Buyer is liable, the Buyer may exercise his or her cancellation rights under applicable provincial laws. The Seller will be responsible for any return shipment costs of any products returned pursuant to this section 10.
If the Buyer does not fulfil its obligations under the Agreement, and the non-fulfilment is not due to the Seller or circumstances for which the Seller is liable, the Seller may, depending on the circumstances, exercise its rights under applicable provincial laws.
If the Buyer does not submit payment according to the Agreement, the Seller can choose to confirm the Agreement and demand that the Buyer pays the purchase amount (fulfilment). In the event of material breach of the payment obligation or other material breaches of the contract, the Seller may terminate the Agreement. The Seller can also choose to cancel the Agreement if the Buyer does not submit payment within a reasonable extended period of time determined by the Seller.
If the Buyer does not submit the payable amount in accordance with the Agreement, the Seller may charge interest in the amount of & 1,8 % (effective annual interest rate of & 18 %).
In the event of payment failure, the Seller may, upon prior notice, submit the claim to debt collection. The Buyer is liable for any charges pursuant to applicable provincial collection laws.
The Seller will process the Buyer's personal information to comply with its obligations under the Agreement. The personal information of Buyers under the age of 16 will not be collected without consent from the Buyer’s parent or legal guardian.
If the Buyer has provided his or hers consent (or the parent or legal guardian of someone under 15 has consented), the Seller may use the Buyer’s personal information for other purposes, for example sending advertising material or information about products. Such voluntary and informed consent may be given by the Buyer upon entering into the Agreement.
The Buyer can contact the Seller’s Privacy Officer either by phone (604) 587-7083 or e-mail firstname.lastname@example.org if the Buyer has any questions about the Seller’s collection, use, disclosure or storage of his or her personal information, or if the Buyer wants to withdraw his or her consent to the Seller’s continued collection, use, disclosure or storage of the Buyer’s personal information, or to change their personal information.
If any part or parts of the terms and conditions contained in this Agreement and the Order confirmation are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
The parties shall try to settle any disputes amicably. If an amicable settlement cannot be reached, the matter shall be settled before the courts.
This Agreement is regulated by applicable Canadian federal law and applicable provincial laws. Legal venue is in Ontario, Canada.
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