Terms & Conditions

Welcome to Mainettihangerstore.com (the “Site”). These Terms and Conditions of Use and Sale (“Terms and Conditions”) govern your use of the Site. These Terms and Conditions are not exhaustive and Mainetti Canada Inc. reserves the right to update or modify them as described hereunder.

About Us


We are Mainetti Canada Inc., a company incorporated under the laws of the Province of Quebec.

Address: 1211 Montee de Liesse,St. Laurent, Quebec,,H4S 1J7,Canada
Phone: 1-866-376-1876
Fax: 514-376-4296
Email:
GST#: R121185953
PST#: 1001335801

Acceptance of Terms

The following are terms of a legal agreement between you (" You " or " Your") and Mainetti Canada Inc., on its behalf and on behalf of its subsidiaries and affiliates ("Mainetti", "Us", "We", or "Our"). You acknowledge that You have read, understood, and unconditionally agreed to be bound by all terms, conditions, and notices contained in or referenced by these Terms and Conditions. You further agree to be governed by any additional terms and conditions that may apply to You arising out of Your accessing, browsing and/or using this Site, whether contained on this Site or in a separate agreement with Us.

We reserve the right, in our sole discretion, to update or modify these Terms and Conditions and to post such updated or modified Terms and Conditions on this Site. Your use of the Site following any such changes constitutes Your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, We encourage You to review these Terms and Conditions whenever You use the Site.


Your Status


By placing an order through this Site, You warrant that:

. You are legally capable of entering into binding contracts;
. You are at least 18 years old;
. You are resident in the U.S.; and
. You are accessing this Site from the U.S.

Privacy


Please refer to Our Privacy Policy, which is reproduced on this Site under the Tab "Privacy Policy".

From time-to-time, You may either be requested to provide Us with or You may otherwise voluntarily provide Us with Personal Data (as defined below). By providing Personal Data to Us, You consent to the collection, use, and disclosure of such Personal Data by Us, in accordance with Our Privacy Policy, for the purposes of: (i) Our internal use, (ii) providing the services and products made available through this Site, (iii) managing and responding to Your inquiries, and (iv) for any other purposes described in these Terms and Conditions, the Privacy Policy, or as set out on the web page requesting such information. We reserve the right at all times to disclose any information We deem necessary to satisfy any domestic or foreign applicable law, regulation, legal process, or governmental request.

Products, Content, and Specifications


All features, content, specifications, products, and prices of products described or depicted on this Site are subject to change at any time with or without notice. You agree that We shall not be liable to You or to any third party for any such changes. We will make all reasonable efforts to accurately display the attributes of the products displayed on the Site. The inclusion of any products on this Site at a particular time does not imply or warrant that these products will be available at any time.

Forming the Contract


To make a purchase: add all goods that you wish to buy into Your "Shopping Cart" and follow the Site's ordering process. After placing an order, You will receive an e-mail from Us acknowledging that We have received Your order (the "Acknowledgment Email"). Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a product. All orders are subject to acceptance by Us. The contract between You and Us ("Contract") will only be formed when we dispatch Your purchased products. We will confirm our acceptance of your order to You by dispatching the goods to you.

We will not dispatch any products until We have received full payment of all sums due concerning Your order, including delivery charges. We currently accept payments via Paypal only, although this may change from time to time.

Shipping Limitations


Products will only be shipped to the United States. You are responsible for filing any claims with Us at for damaged and/or lost shipments.

Title and Risk


All risk of loss or damage for items purchased from this Site pass to You upon delivery of the product(s) to You. Ownership of the items purchased will not pass to You until We have received full payment of all sums due in respect of the items, including delivery charges.

Price and Payment


The price of any products will be as quoted on this Site from time to time, except in cases of obvious error. These prices exclude applicable taxes, processing fees charged for Our expenses related to processing orders and dispatching products ("Handling"), and shipping costs. You will be informed of applicable taxes, Handling, and shipping costs related to all goods contained in Your Shopping Cart prior to You placing an order. Prices are liable to change at any time in accordance with Clause 5 of these Terms and Conditions, but changes will not affect orders in respect of which we have already sent an Acknowledgment Email. All prices are quoted and payable in $ US.

Availability and Delivery


Your order will be fulfilled by the delivery date set out in the Acknowledgement Email or, if no delivery date is specified, then within thirty (30) days, unless there are exceptional circumstances. Delivery times may vary for customized products.

Consumer Rights


If You are not a business or a merchant obtaining goods for the purposes of your business (a "Consumer"), You may cancel a Contract at any time within ten (10) working days, beginning on the day after You received the products (the "Cooling-Off Period"). In this case, You will receive a full refund of the price paid for the products in accordance with our refund policy (set out in Clause 12 below). To cancel a Contract, You must inform us in writing by email to . You must also return the product(s) to us immediately, in the same condition in which You received them, and at Your own cost and risk. If You receive damaged or defective products from Us, We will pay for them to be shipped back to Us. You have a legal obligation to take reasonable care of the products You wish to return while they are in Your possession. If You fail to comply with this obligation, we may have a right of action against You for compensation. This provision does not affect Your statutory rights.



Refund Policy


When You return a product to us because You have cancelled the Contract within the Cooling Off Period, we will process the refund due to You as soon as possible and, in any case, within 30 days of the day on which We received notice of Your cancellation. In this case, we will refund the price of the product in full, including the cost of sending the product to You. However, You will be responsible for the cost of returning the product to us (unless you received damaged or defective products from Us as set out in Clause 11 above). We can refund any money received from You by (i) cheque or (ii) using the same method originally used by You to pay for Your purchase.

Your Use Obligations, Prohibited Uses, and Site Security


You agree to provide true, accurate, current, and complete information about Yourself where prompted by the Site (such information being the "b>Personal DataYou shall not use this Site in a manner or for a purpose contrary to these Terms and Conditions. You will not disrupt the functioning of the Site or otherwise act in a way that interferes with other users' use of the Site. Nor may You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You may not use this Site in any manner which could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You may not attempt to gain unauthorized access to this Site, other people's Personal Data, computer systems or networks connected to this Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to You through this Site.

Consumer Rights




DISCLAIMER


ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND OTHER CONTENT CONTAINED IN THIS SITE OR PROVIDED TO YOU BY US THROUGH AN ORDER MADE BY YOU VIA THIS SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE. WE HAVE MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, WE ASSUME NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED ON THIS SITE OR PROVIDED VIA THIS SITE. ITEMS LISTED ON THIS SITE MAY NOT BE AVAILABLE OR IN STOCK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY


IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER CONTRACTUALLY, EXTRA-CONTRACTUALLY, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF GOODS, (3) LOSS OF USE, LOSS OF BUSINESS OPPORTUNITIES OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO CERTAIN OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification


You agree to defend, indemnify, and hold Us and Our employees, contractors, officers, and directors harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to Your use of this Site. This provision shall survive the termination of this agreement and remain in full force and effect.

Intellectual Property Rights


By using this Site, You do not acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this Site. The software and other technology components of this Site and all text, graphics, information, contents, and other material displayed on this Site are (i) the property of Mainetti or Mainetti's third party licensors and (ii) protected by Canadian and international intellectual property laws.

Violation of Terms and Conditions


If this Site is used in a way that we, in our sole discretion, deem violates these Terms and Conditions, We or Our agent may take any legal, equitable, or technical action that We deem appropriate, and may deny you access to the Site.

Notice


Unless We provide for otherwise in a written request to You, all demands, notices and communications required under or contemplated by these Terms and Conditions shall be in writing and shall be sent by email to . We reserve the right to send any notice to You in a manner that is in accordance with these Terms and Conditions, Our Privacy Policy, or Our general legal terms, if applicable.

General Provisions


These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of laws provisions. Any action or proceeding arising out of or related to this agreement or your use of the Site must be brought in the courts of Quebec, located in Montreal, Quebec. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms and Conditions or to any contracts relating to goods or services obtained through this Site. The parties hereby waive all rights to a trial by jury in any matter related to or arising from these Terms and Conditions.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of this Site, the services or information provided to or gathered by Us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified, this agreement constitutes the entire agreement between You and Us with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to this Site. It is the express will of the parties that this agreement and all related documents have been drawn up in English.