Terms of Use/Sale

TERMS OF USE

Effective as of December 23, 2019.

Smart-link Homeware Products Inc., in conjunction with its affiliates (collectively, “Smart-link Homeware Products” and hereinafter also referred to as “we” or “us”), provides you access to Smart-link Homeware Products’s website (www.Smart-link Homeware Products.com), Smart-link Homeware Products’s mobile application, and all other sites, applications and portals operated by or on behalf of Smart-link Homeware Products (collectively, the “Sites”) subject to your compliance with these terms and conditions of use (the “Terms of Use”). Please read the Terms of Use carefully as they set out your legal obligations, rights and remedies with respect to your use of the Sites.

  1. ACCEPTANCE AND REVISIONS

By downloading, accessing and/or using the Sites, you agree on your own behalf, and on behalf of anyone on whose behalf you act, and you represent and warrant that you have the legal authority to accept and abide, and be contractually bound, by the Terms of Use for each use of and access to the Sites.

The Terms of Use are current as of the date which appears at the top of this page. Smart-link Homeware Products reserves the right to update the Terms of Use at any time without prior notice and it is your responsibility to review the Terms of Use periodically. Your continuous use of the Sites constitutes your formal acceptance of the Terms of Use in effect at the time of such use. If you do not agree to abide by the Terms of Use, you should not download, access or use the Sites and you should uninstall the Sites from your personal devices (as applicable).

  1. PRIVACY POLICY, ADDITIONAL TERMS AND ENTIRE AGREEMENT

Smart-link Homeware Products has established a privacy policy which governs its collection, use and disclosure of your personal information (the “Privacy Policy”). Please carefully review the Privacy Policy accessible on the Sites. By using the Sites, you are consenting to the terms of the Privacy Policy.

Additional terms may apply to your use of specific portions or features of the Sites (the “Additional Terms”), including but not limited to your purchases made via the Sites. Such Additional Terms are incorporated by reference into the Terms of Use. Please carefully review the Additional Terms prior to using the applicable portions or features of the Sites. If there is a conflict between the Terms of Use and the Additional Terms, the latter terms shall prevail.

The Terms of Use, the Privacy Policy and the Additional Terms (if applicable) shall constitute the entire agreement between Smart-link Homeware Products and you regarding the subject matter hereof and shall supersede and replace any representation, statement or other communication (whether written or otherwise) made previously by you or us which is not contained herein.

  1. USE AND LIMITATIONS ON USE

As long as you strictly comply with and accept the Terms of Use, Smart-link Homeware Products allows you to access the Sites and make electronic or hard copies of any of the pages of the Sites, provided that such copying or printing is for your personal non-commercial informational and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Smart-link Homeware Products and that you do not modify any content. Please note that specific portions or features of the Sites are reserved for use in Canada only.

You agree: a) not to use the Sites in any manner which could damage, disable, overburden or impair the Sites; b) not to interfere with or test the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers or networks connected to or accessible through the Sites; c) not to disrupt or interfere with any other person's use of the Sites (including logging into a server or account which you are not authorized to access) and not pretend to be, represent or impersonate any other individual or entity; d) not to use the Sites in any manner that infringes upon the legal rights of any other persons (including privacy rights and intellectual property rights); e) not to copy, transmit, distribute, display, publish, transfer, sell, exploit in any way, modify, mirror, imitate, create derivative works or otherwise reproduce the Sites or any of its content, including Smart-link Homeware Products’s intellectual property (except when the express written authorization of Smart-link Homeware Products is granted); f) not to use the Sites (including the posting or uploading of materials) in a manner that is inappropriate, defamatory, discriminatory or otherwise objectionable or offensive; g) not to use the Sites in a manner that may dilute or depreciate the name or reputation of Smart-link Homeware Products; h) not to use data mining, hacking, automated tools or other data gathering and extraction methods, directly or indirectly, to collect information from the Sites or from any user of the Sites; and i) not to upload, post or otherwise transmit on the Sites any viruses or other harmful, disruptive or destructive files or computer programs. You agree that you will comply with all applicable laws that relate to your use of or activities on the Sites. Smart-link Homeware Products EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO THE SITES.

If you choose to upload, post or share content, material, feedback, suggestions and ideas (collectively, “Feedback”) on the Sites, by email or by telephone, you represent and warrant that you own or otherwise control all the rights to the Feedback and that said Feedback complies with the Terms of Use. You remain solely responsible for the Feedback.  In addition, you acknowledge that by uploading, posting or sharing Feedback with Smart-link Homeware Products, you are granting a perpetual, unrestricted, irrevocable, royalty-free and transferable license for Smart-link Homeware Products to use the Feedback for any purpose whatsoever and without any compensation or liability to you. Therefore, you should not upload, post or share Feedback if you consider such Feedback to be confidential or if you do not want or do not have the authority to license the Feedback to Smart-link Homeware Products.

The content of the Sites is for your general informational purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. While Smart-link Homeware Products endeavours to make reasonable efforts to maintain the Sites up-to-date, Smart-link Homeware Products does not represent or warrant that their content is accurate, complete, reliable, current or error-free. Any reliance you may place on the information on the Sites is at your own risk and Smart-link Homeware Products may suspend or terminate operation of the Sites at any time at its sole discretion.  

The Sites shall only be used by adults. If you are a minor, you must be supervised by your parent or tutor to use the Sites. If you are a parent or tutor supervising a minor, you acknowledge that you are responsible for the minor’s use of the Sites.

  1. VIRTUAL GIFT CARDS

You may purchase virtual gift cards (“Gift Cards”) on Smart-link Homeware Products’s mobile application for your personal use or to be sent via email to others (“Recipients”). You are responsible to verify the accuracy and validity of the Recipient’s email. Smart-link Homeware Products reserves the right to limit the number of Gift Cards you may purchase. Smart-link Homeware Products accepts credit card payment for the Gift Cards and such payment is processed through Smart-link Homeware Products’s payment solution provider. You represent and warrant that you are authorized to use the credit card and that all of the billing information you provide is truthful and accurate. By confirming your purchase of the Gift Cards, you agree to accept and pay for same. All payments are subject to validation checks and authorization by the card issuer. Once the payment has been accepted, the Gift Card will be activated and the ownership and risk of loss will be transferred to you or the Recipient, as applicable.

If you are purchasing a Gift Card, you will be required to consent to the disclosure of your personal information to Smart-link Homeware Products’s third-party fraud prevention services provider, Riskified Inc. (“Riskifiied”). The personal information disclosed will include your name, address, email, order amount, and partial payment card information (“Riskified Customer Data”). The Riskified Customer Data will be incorporated into Riskified’s fraud prevention services that will be provided to (a) Smart-link Homeware Products, (b) Riskified and its affiliates (c) and Riskified’s other clients. Riskified and its affiliates will use the Riskified Customer Data to provide fraud prevention services and will not disclose Riskified Customer Data to other clients.  For more information about what personal information will be disclosed to Riskified and how it will be used, please see the Privacy Policy, available here.

The balance of a Gift Card is redeemable for goods in all Smart-link Homeware Products stores across Canada. The Gift Card can be used through Smart-link Homeware Products’s mobile application, certain virtual wallet applications or by presenting a printed or electronic copy of same. The balance of a Gift Card is not redeemable for cash or refundable, except as required by law. To find out the balance of your Gift Card, you can use Smart-link Homeware Products’s mobile application or you can use the “Contact Us” link on Smart-link Homeware Products’s website (www.Smart-link Homeware Products.com).

  1. ACCOUNT, SECURITY AND PHISHING

You may need to have an account in order to benefit from or use certain portions or features of the Sites. If you decide to set up an account for a Site (“Account”), to save billing information on a Site or to save your Gift Card on Smart-link Homeware Products’s mobile application, you must maintain the security and confidentiality of your Account and password and restrict access to your personal devices.

You are solely responsible and liable for any use or misuse of your Account, your billing information and your Gift Card. Smart-link Homeware Products is under no obligation to verify the identity of the users of the Account and may rely on the authority of any person accessing the Account. You shall proceed to change your password forthwith if you know or suspect that your Account and password confidentiality has been breached. Smart-link Homeware Products may not be held liable for any damages, charges or expenses arising out of or relating to any unauthorized use of your Account, your billing information or your Gift Card.

By setting up an Account, you confirm that both the electronic address provided by you and your user account (by way of push notification) are active addresses at which you agree to receive documents intended for and sent to you by Smart-link Homeware Products, and that the sending of a document to that address or user account creates a presumption that you have received the document. You also confirm that the information you provide us is accurate, complete and true and you understand that you have the responsibility of reviewing and updating your information to keep it accurate, complete and true.

Smart-link Homeware Products will never send you unsolicited email asking you to provide personal information, including but not limited to requests to validate or restore your Account. You are responsible to verify the legitimacy of personal information requests in order to prevent phishing (fraudulent attempts to trick individuals into providing confidential information). If you receive an email referring to or allegedly coming from Smart-link Homeware Products that you believe is fraudulent, please forward it to us by using the “Contact Us” link on Smart-link Homeware Products’s website. By sending such email to Smart-link Homeware Products you give your consent for Smart-link Homeware Products to report it to the Canadian Anti-Fraud Centre or another authority with a similar mandate.   

  1. INTELLECTUAL PROPERTY

Unless otherwise noted, the Sites and their content, including images, text, illustrations, designs, graphic, icons, photographs, videos, sounds, interfaces, programs, codes, software and other materials, including the compilation (meaning the selection, collection, arrangement, and assembly) of all content on the Sites are the exclusive property of Smart-link Homeware Products, its suppliers or its licensors and are protected by Canadian and international copyright laws.

The product names, company names, marks, get-ups, slogans, logos and other source identifiers used on the Sites are trademarks of Smart-link Homeware Products, its suppliers or its licensors, whether registered or unregistered. They shall remain the exclusive property of Smart-link Homeware Products, its suppliers or its licensors, as applicable, and they are protected under the trademark laws of Canada and other countries. Such product names, company names, marks, get-ups, slogans, logos and other source identifiers may not be copied, imitated or used, in whole or in part, without the prior written consent of Smart-link Homeware Products, its suppliers or its licensors, as applicable.

The use of or access to the Sites shall not confer or be considered as conferring a license or an authorization to use the intellectual property of Smart-link Homeware Products, its suppliers or its licensors.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND BY Smart-link Homeware Products, EITHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SITES, THEIR CONTENT AND THE PRODUCTS OFFERED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD WORKING ORDER, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, FREEDOM FROM ERRORS AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. Smart-link Homeware Products DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE SITES. 

To the maximum extent permitted by applicable law, Smart-link Homeware Products SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA), HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE OF THE SITES, ANY INFORMATION OR CONTENT AVAILABLE ON THE SITES, ANY TRANSACTION CONDUCTED ON THE SITES, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DEFECT, DELAY IN OPERATION OR TRANSMISSION, SYSTEM FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, WHETHER OR NOT Smart-link Homeware Products HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK AND THAT YOUR SOLE REMEDY IN ALL INSTANCES SHALL BE TO STOP USING THE SITES.

IN THE EVENT THAT Smart-link Homeware Products IS FOUND LIABLE TO YOU NOTWITHSTANDING THE TERMS OF USE, Smart-link Homeware Products’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF CDN$10.00 OR THE AMOUNT YOU PAID Smart-link Homeware Products, IF ANY.

The limitations of liability and disclaimers contained herein apply regardless of the form of action, whether in contract, negligence, extra-contractual liability, tort, strict liability or any other theory of law. The laws applicable in your jurisdiction may prohibit certain liability limitations and disclaimers and may afford you additional rights.

In this section, references to Smart-link Homeware Products shall include Smart-link Homeware Products’s directors, officers, employees, agents, representatives and third party suppliers.

  1. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Smart-link Homeware Products and its directors, officers, employees, agents and representatives from and against all claims, damages, losses, expenses, and costs, including legal fees, arising out of your use of or access to the Sites or your breach of the Terms of Use.

  1. LINKS

The Sites may contain links to websites which are owned and operated by third parties. These linked websites are provided only for your convenience and their inclusion does not imply endorsement, investigation or verification by Smart-link Homeware Products. Smart-link Homeware Products has no control over and shall have no responsibility with respect to the content, quality or reliability of the linked websites and Smart-link Homeware Products makes no representations, claims or warranties regarding same. If you decide to access any of the third party websites, you do so at your own risks.

  1. THIRD PARTY LICENSES AND TERMS OF USE

The Sites may include certain technology and software used and provided by third parties, including without limitation with respect to the processing of payments and to geolocation. Such technology and software shall remain governed by the applicable license and terms and conditions posted by the third parties. You may also be subject to third party terms and conditions when downloading a Site from a third party platform. In the event of a conflict between the Terms of Use and those of the third party with respect to the use of the Sites, the Terms of Use shall prevail.

  1. TERMINATION

You acknowledge and agree that Smart-link Homeware Products may, in its sole and absolute discretion, without notice to you, suspend or terminate your use of, or access to the Sites or to your Account, and block or prevent future access to and use of the Sites or of your Account for any reason, including if Smart-link Homeware Products determines that you have failed to comply with any of the Terms of Use. The provisions of the Terms of Use that by their nature are intended to survive such termination shall so survive.

  1. GENERAL

The Terms of Use and the use of the Sites shall be governed by, and interpreted in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein. 

Regardless of where you access the Sites, both Smart-link Homeware Products and you agree that any dispute arising out of or relating to the Terms of Use will be exclusively brought before the competent courts of the Province of Quebec, in the district of Montreal.

If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.

The Terms of Use are binding upon and will ensure to the benefit of you and us and our respective heirs, successors and assigns.

Smart-link Homeware Products’s failure to or delay in exercising its rights or remedies shall not impair or be considered as a waiver thereof at any time.

A French version of the Terms of Use is available on the Sites.


                   

TERMS OF SALE

                   

Effective as of December 23, 2019.

                   

Smart-link Homeware Products Inc. in conjunction with its affiliates (collectively, “Smart-link Homeware Products” and hereinafter also referred to as “we” or “us”) provides you access to Smart-link Homeware Products’s website (www.Smart-link Homeware Products.com), Smart-link Homeware Products’s mobile application, and all other sites, applications and portals operated by or on behalf of Smart-link Homeware Products (collectively, the “Sites”). In addition to the terms and conditions of use (the “Terms of Use”) which govern your use of the Sites, these terms of sale (the “Terms of Sale”) apply to any order or purchase you make on the Sites. We assume that any purchases you make on the Sites are for your personal or professional use, not for commercial use. Please read these Terms of Sale carefully, as they set out your legal obligations, rights and remedies with respect to such orders and purchases.

                   

  1. ENTIRE AGREEMENT, ACCEPTANCE AND REVISIONS

                   

By placing an order on our Sites, you agree on your own behalf and on behalf of anyone on whose behalf you place an order, and you represent and warrant that you have the legal authority to accept and abide by, and be contractually bound to, the Terms of Sale in effect at the time you place such order. If you cannot legally enter into a contract in your jurisdiction, you may only order products on the Sites under the supervision of a parent or a legal guardian who agrees to be bound by the Terms of Sale. If you do not agree with the Terms of Sale, do not place an order on our Sites.

                   

The Terms of Sale are current as of the date which appears at the top of this page. Smart-link Homeware Products reserves the right to update the Terms of Sale at any time without prior notice. Smart-link Homeware Products recommends that you print and retain a copy of the Terms of Sale in force at the time of your order as it is your responsibility to review the changes (if any) from time to time.

                   

The Terms of Sale form an integral part of the Terms of Use. Please carefully review the Terms of Use accessible on the Sites. In the event of inconsistencies between the Terms of Sale and the Terms of Use with respect to your purchase of products on a Site, the Terms of Sale shall prevail.

                   

In addition to the Terms of Use and the Terms of Sale, Smart-link Homeware Products has established a privacy policy which governs its collection, use and disclosure of your personal information (the “Privacy Policy”). Please carefully review the Privacy Policy accessible on the Sites. By using the Sites and making purchases through said Sites, you are consenting to the terms of the Privacy Policy.

                   

The Terms of Sale, the Terms of Use and the Privacy Policy shall constitute the entire agreement between Smart-link Homeware Products and you regarding the subject matter hereof and shall supersede and replace any representation, statement, agreement or other communication (whether written or otherwise) made previously by you or us which is not contained herein.

                   

  1. AVAILABILITY AND DESCRIPTION OF PRODUCTS

                   

Smart-link Homeware Products attempts to provide you with accurate information regarding the products offered on its Sites, including but not limited to product description, dimensions, features, picture, color and price. However, we cannot guarantee that such information is complete, accurate, current, reliable or error-free. All product information is subject to change at any time without prior notice. In the event the product you have purchased is not as described upon receipt, you will be entitled to obtain a reimbursement for such product, subject to your compliance with our Return Policy. Said reimbursement will constitute your only recourse and Smart-link Homeware Products’s only obligation and liability.

                   

Please note that the products offered on the Sites may differ from those offered in Smart-link Homeware Products stores. We reserve the right to modify our product offering and discontinue items at any time without prior notice. Therefore, Smart-link Homeware Products cannot guarantee that the products offered on the Sites will be available at the time of your order or thereafter.

                   

  1. ORDERING PROCESS

                   

You may only purchase products on the Sites if you have a Canadian billing address and if your order is shipped to a Canadian address. You may order products on the Sites as a guest or as a registered account member. If you decide to set up an account, please refer to the Account, Security and Phishing section of the Terms of Use.

                   

The products advertised on the Sites do not constitute offers to sell from Smart-link Homeware Products, but are rather invitations for you to purchase said products. Once you confirm your order at the end of the online checkout process by pressing the “Checkout now” button, said order constitutes your offer to purchase the products included in your checkout cart. We reserve the right to limit the quantity of each product that you may purchase per order.

                   

An acknowledgment email will be sent to the email address you have provided (your “Email Address”) once Smart-link Homeware Products receives your order. Once your order is ready, Smart-link Homeware Products will send a confirmation email to your Email Address, which shall also constitute Smart-link Homeware Products’s acceptance of your order.

                   

Additional information regarding your order may be requested and verification may be required by Smart-link Homeware Products or Smart-link Homeware Products’s payment solution provider. When purchasing virtual gift cards on Smart-link Homeware Products’s mobile application, you will be required to consent to the disclosure of your personal information to Smart-link Homeware Products’s third-party fraud prevention services provider, Riskified Inc. (“Riskifiied”). The personal information disclosed will include your name, address, email, order amount, and partial payment card information (“Riskified Customer Data”). The Riskified Customer Data will be incorporated into Riskified’s fraud prevention services that will be provided to (a) Smart-link Homeware Products, (b) Riskified and its affiliates (c) and Riskified’s other clients. Riskified and its affiliates will use the Riskified Customer Data to provide fraud prevention services and will not disclose Riskified Customer Data to other clients.  For more information about what personal information will be disclosed to Riskified and how it will be used, please see the Privacy Policy. You have the responsibility to ensure that all information you provide us is accurate, complete and true, otherwise Smart-link Homeware Products will not be able to process your order.

                   

Smart-link Homeware Products reserves the right, at its sole discretion and for any reasons, to accept or reject your order (in part or in its entirety) and may cancel your order (in part or in its entirety) after acceptance. In such cases, Smart-link Homeware Products will notify you by sending an email to your Email Address. Some of the reasons to reject or cancel your order include, but are not limited to, (a) unavailability of products or limitations on available quantities; (b) unauthorized payment; (c) error, inaccuracy or omission regarding pricing, description of the products or information on the Sites; and (d) concerns regarding the legality of the transaction (for example, suspicion of fraud).

                   

If your order is rejected or cancelled, Smart-link Homeware Products will have no obligation to fulfill said order and you will have no obligation to pay for same. Consequently, if you had already paid for your order, Smart-link Homeware Products will reimburse you for any amount already charged through a credit on the same method of payment used during the online checkout process. Said reimbursement will constitute your only recourse and Smart-link Homeware Products’s only obligation and liability regarding the cancellation of your order or part thereof.

                   

  1. PRICE, TAXES AND PAYMENT METHOD

                   

The price shown for each product does not include applicable taxes, shipping and handling costs, or other applicable fees which are calculated at the time of checkout and which are based on the province of delivery of your order and applicable law and regulations. All prices are in Canadian dollars.

                   

Environmental handling fees (“Ecofees”) are charged for certain products sold by Smart-link Homeware Products, including but not limited to electronic products, light bulbs and batteries, and they vary depending on the province of delivery. The Ecofees are set by organizations which manage stewardship programs aimed at improving the collection and recycling of certain products in compliance with applicable regulations. Smart-link Homeware Products collects Ecofees and remits them to such organizations. The Ecofee schedules are publicly available on the website of the organizations responsible for applicable stewardship programs in your jurisdiction.

                   

Smart-link Homeware Products accepts credit card payment for your purchase and such payment is processed through Smart-link Homeware Products’s payment solution provider. Smart-link Homeware Products does not accept gift cards as payment for your purchases on the sites. Smart-link Homeware Products may accept new methods of payment or stop accepting certain methods of payment or credit cards from certain issuers from time to time, without notice.

                   

You represent and warrant that you own or you are authorized to use your selected credit card and that all of the billing information you provide is truthful and accurate. Once you confirm your order at the end of the online checkout process, you agree to be charged on your selected credit card for the total price indicated. Upon checkout, we will seek a pre-authorization on your credit card. Please note that the purchase price will only be charged upon the shipment of your order and you will only be billed for the products which are shipped if there is more than one shipment.  Given that taxes are calculated at the time of shipping, there might be a slight difference with the amount of taxes estimated during the checkout process.

                   

All payments are subject to validation checks and authorization by the card issuer. If your card issuer does not authorize your purchase, Smart-link Homeware Products will not have any liability or obligation to you with respect to said refusal or your order and Smart-link Homeware Products will not ship your order.

                   

  1. SHIPMENT

                   

Smart-link Homeware Products delivers only to addresses in Canada. We do not currently deliver to international addresses and a few limited geographic areas within Canada and such delivery areas are subject to change from time to time without notice. Depending on your location, we may offer you different shipping methods, including but not limited to, delivery to a third party’s service points. Shipping charges are subject to change from time to time and vary according to the purchase amount of the order, the selected shipping method and the delivery address. We may send your order in more than one shipment, at no additional cost to you. Please note that we do not offer store pick-up.

                   

Your order will be delivered by a third party carrier selected by Smart-link Homeware Products to a third party’s service point or to the address you have provided during the checkout process. You are responsible to ensure that such delivery address is complete and accurate. You will know the identity of the carrier upon receipt of your shipment confirmation and tracking number (if available). The delivery of your order is subject to the terms and conditions of the third party offering transportation services or pick up services, for example with respect to the number of delivery attempts and to the pickup locations, if applicable. You may also receive email notifications directly from such third party regarding your order delivery.

                   

While you may receive an estimated delivery date from the carrier, Smart-link Homeware Products shall not be liable for any damages or costs due to late deliveries.

                   

  1. RETURN, EXCHANGE AND REFUND POLICY

                   

Smart-link Homeware Products has a “no exchange, no return” policy. However, you may request a refund or an exchange if, upon receipt, (a) the products are defective; (b) the products are damaged; or (c) you did not receive the products you had ordered. You must advise Smart-link Homeware Products of any refund or exchange request within thirty (30) days from shipment of your order through the “Contact us form” with a picture of the defective or damaged product(s), as well as a picture of the original packaging. In order to receive a refund, the products must be returned unused, in their original packaging and in the same conditions as received. A customer service representative will send you the other appropriate requirements and guidelines which may vary according to the type of products purchased. Refund requests for products purchased online cannot be processed in Smart-link Homeware Products stores. If your return meets all applicable conditions, your refund will be credited on the method of payment used for your purchase. Please note that shipping and handling charges are not refundable.  

                   

  1. DISCLAIMER AND LIMITATION OF LIABILITY

                   

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND BY Smart-link Homeware Products, EITHER EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD WORKING ORDER, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. THE PRODUCTS ARE ONLY SUBJECT TO THE WARRANTIES OFFERED BY THEIR RESPECTIVE MANUFACTURERS OR SUPPLIERS, IF ANY. Smart-link Homeware Products DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE SITES. 

                   

To the maximum extent permitted by applicable law, Smart-link Homeware Products SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL OR BUSINESS INTERRUPTION), HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE PURCHASE OF PRODUCTS OFFERED ON THE SITES (INCLUDING BUT NOT LIMITED TO THEIR USE, SUITABILITY OR AVAILABILITY), ANY INFORMATION OR CONTENT AVAILABLE ON THE SITES, ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DEFECT, DELAYS IN DELIVERY, MODIFICATION OF PRODUCT OFFERINGS OR ANY TRANSACTION CONDUCTED ON THE SITES, WHETHER OR NOT Smart-link Homeware Products HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

                   

YOU EXPRESSLY AGREE THAT ALL PURCHASES YOU MAKE ON THE SITES ARE AT YOUR SOLE RISK.

                   

IN THE EVENT THAT Smart-link Homeware Products IS FOUND LIABLE TO YOU NOTWITHSTANDING THE TERMS OF SALE, Smart-link Homeware Products’S AGGREGATE LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR THE AMOUNT OF THE TRANSACTION AT ISSUE.

                   

The limitations of liability and disclaimers contained herein apply regardless of the form of action, whether in contract, negligence, extra-contractual liability, tort, strict liability or any other theory of law. The laws applicable in your jurisdiction may prohibit certain liability limitations and disclaimers and may afford you additional rights.

                   

In this section, references to Smart-link Homeware Products shall include Smart-link Homeware Products’s directors, officers, employees, agents, representatives and third party suppliers.

                   

  1. INDEMNIFICATION

                   

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Smart-link Homeware Products and its directors, officers, employees, agents and representatives from and against all claims, damages, losses, expenses, and costs, including legal fees, arising out of your use of or access to the Sites, your purchases or your breach of the Terms of Sale.

                   

  1. GENERAL

                   

The Terms of Sale shall be governed by, and interpreted in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein. 

                   

Regardless of where you access the Sites, both Smart-link Homeware Products and you agree that any dispute arising out of or relating to the Terms will be exclusively brought before the competent courts of the Province of Quebec, in the district of Montreal.

                   

If for any reason a court of competent jurisdiction finds any provision of the Terms of Sale or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms of Sale, and the remainder of the Terms of Sale shall continue in full force and effect.

                   

The Terms of Sale are binding upon and will enure to the benefit of you and us and our respective heirs, successors and assigns.

                   

Smart-link Homeware Products’s failure to or delay in exercising its rights or remedies shall not impair or be considered as a waiver thereof at any time.

                   

A French version of the Terms is available on the Sites.

                   

  1. CONTACT US

                   

Please feel free to contact Smart-link Homeware Products with any comments, questions or suggestions regarding your orders and purchases at:

                   

Smart-link Homeware Products Customer Service,

585 Middlefield Rd Unit 32, Scarborough, ON M1V 4Y5

Hours of operation: 8AM to 5PM EST, Monday-Friday