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These Terms and Conditions of Purchase are an agreement between you and Pet Valu Canada Inc. ("Pet Valu"). These Terms and Conditions of Purchase, the Terms of Use, the In-store Customer Care Policy, and Privacy Policy (together, the "Terms of Purchase") govern any order or purchase you make on the Pet Valu website (the "Site").
PLEASE CAREFULLY READ THE FOLLOWING TERMS, THE TERMS OF USE, THE IN-STORE CUSTOMER CARE POLICY, AND THE PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. BY INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF PURCHASE AND THE TERMS OF USE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY, AND YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH PET VALU.
1. Acceptance of Orders
Only individuals who have reached the age of majority may place orders through the Site. Product orders are available to be shipped within the Canadian provinces and territories indicated during the purchase process only. Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms of Purchase and the additional terms and conditions included in your order.
We may limit quantities available for sale or sold, and we reserve the right at any time to reject or correct any order for any reason whatsoever. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.
2. Shipping and Delivery
The delivery date of your purchase depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process, but we reserve the right to use a substitute carrier for your purchase at any time, at our discretion.
3. Methods of Payment
You can pay for any purchase you make online by using the payment method indicated during the purchase process. Payment will be charged upon shipment. By submitting your payment by credit card, you authorize Pet Valu to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and Pet Valu will have no obligation to fulfill your order.
4. Refunds and Returns
The return or refund of any product purchased through the Site is subject to Pet Valu’s In-store Customer Care Policy.
5. Appearance
Pet Valu has made every effort to display as accurately as possible the appearance of products that appear on the Site. However, products may appear larger or smaller than their actual size. The actual image of the product you see, including color and size, will also depend on your device. Pet Valu cannot guarantee that your device will display any image accurately.
6. Errors
If we discover that a product’s price, description, or specifications are misstated or incorrect, we will endeavour to correct the error on our Site. If we make an error with regard to your order, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges).
7. Disclaimers, Liability Exclusions/Limitations on Liability and Indemnity
OTHER THAN FOR EXPRESS, LEGAL OR IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMER OR EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES YOU PURCHASE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. PET VALU AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE PRODUCTS OR SERVICES YOU PURCHASE OR THESE TERMS OF PURCHASE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY).
8. Privacy
Pet Valu collects, uses, and discloses personal information in accordance with its Privacy Policy. You can review our Privacy Policy, available at www.petvalu.ca By accepting these Terms of Purchase, you consent to Pet Valu’s collection, use, and disclosure of personal information in accordance with this Privacy Policy as it then reads.
9. General
[Not applicable if you are a consumer residing in Quebec] To the fullest extent permitted by applicable law, these Terms of Purchase and all related matters are governed solely by the laws of the Province of Ontario, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein. To the fullest extent permitted by applicable law, any dispute arising from, connected with or relating to these Terms of Purchase, or any related matters ("Disputes") will be resolved by the laws of the Province of Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of these Terms of Purchase is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of Purchase and the remaining provisions will continue in full force and effect.
These Terms of Purchase enure to the benefit of Pet Valu and its successors, assigns and related persons. You may not assign any rights or obligations that you have under these Terms of Purchase. Pet Valu may assign its rights and obligations under these Terms of Purchase without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Purchase will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that these Terms of Purchase and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Modalités d’achat et tous les documents y afférant soient rédigés en langue anglaise.
10. Contact Information
You may contact Pet Valu by telephone or postal mail:
Pet Valu Canada Inc. 130 Royal Crest Court Markham, ON L3R 0A1 (905) 946-1200