TERMS AND CONDITIONS OF USE OF THE WEBSITE
Last update: October 1st, 2015
Property and use of the site
All contents on this webpage are copyrighted under the applicable laws, both in Canada and elsewhere, and are the property of Tony Pappas Inc. (“Tony Pappas”). All trademarks, service marks, logos, and trade names that are used in the webpage are registered trademarks or unregistered trademarks of Tony Pappas or of others. The copyright and trademark protection includes, but is not limited to, text, graphics, audio, and the code of the webpage. None of the contents of this webpage, subject to the following exception, may be printed, distributed, copied, reproduced, transmitted or subjected to any other similar use, in whole or in part, without the express written consent of Tony Pappas, or the express written consent of that holder of the copyright or trademark.
However, you can download, view and print these documents in tonypappas.ca only for personal non-commercial.
The tonypappas.ca website is intended for Canadian customers 16 years and older only. Use of the tonypappas.ca website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Tony Pappas and without any liability whatsoever, Tony Pappas at any time and without notice may terminate or restrict your access to any component of tonypappas.ca.
All products available on this webpage are available only in Canada. All prices on this webpage are displayed in Canadian dollars and are subject to change without notice. Some of the products listed on this webpage may be unavailable. All orders are subject to the approval of Tony Pappas and may be refused at any time. For more information on ordering products through the webpage, please see the Terms of the Sale agreement.
User name and password
You can access your account from the website tonypappas.ca using your username and your password. You are solely responsible for any use or misuse of your name of user and password and all transactions made using them. For security reasons, you must maintain the confidentiality of your user name and your password and you must not disclose then to anyone or allow anyone to use it, except an authorized representative of Tony Pappas. Tony Pappas recommends that you choose a password that you are alone to know and that is difficult to guess. You must change your password regularly and always log out at the end of it.
All usernames and passwords remain the property of Tony Pappas, which can cancel them or suspend at any time without having to notify or inform anyone and without any liability to you or anyone. Tony Pappas is not required to verify the identity of the person who uses a user name or password or if it is authorized to do so.
You must notify Tony Pappas immediately of any unauthorized use of your user name or your password or if you know or suspect that your user name or password has been lost or stolen, that someone else has taken notice, or that they have been compromised in some other way.
Except as explicitly provided in these Terms and Conditions as amended from time to time, Tony Pappas and the Third Parties make no representations or warranties of any kind, express or implied, regarding tonypappas.ca and/or any content provided on tonypappas.ca, all of which are provided on an “as is” and “as available” basis. Tony Pappas and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of tonypappas.ca or any of the content or data found on tonypappas.ca, and expressly disclaim all warranties and conditions in respect of tonypappas.ca, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Tony Pappas and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Tony Pappas and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on tonypappas.ca or downloading of any materials, data, text, images, video or audio from tonypappas.ca.
In no event shall Tony Pappas or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of tonypappas.ca or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of tonypappas.ca for purchases) even if advised of the possibility of damages.
You shall indemnify and save harmless Tony Pappas and the Third Parties and their respective officers, directors, employees, consultants, representatives, and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of tonypappas.ca.
The tonypappas.ca web site contains links to websites owned or operated by other entities which are not associated or affiliated with Tony Pappas or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Tony Pappas or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Tony Pappas and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk. The framing of the tonypappas.ca web site or any of its content in any form and by any method is strictly prohibited.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMS AND CONDITIONS OF SALE
Last update: October 1st, 2015
After having filled up the information pertaining to the purchase of a product, the User shall first submit his order. Thereafter, the User will be requested to confirm his order. Before submitting his final order on the Website by pressing the « confirm order » button, the User is responsible for ensuring the accuracy of the product selection in regard to the product size, quantity, color, and price as well as of the details concerning billing and invoicing. As the case may be, the User is responsible to correct any error or inaccuracy. If it is impossible for the User to correct the error or inaccuracy, he shall promptly advise Tony Pappas of same in writing. Once a final order is submitted to Tony Pappas, the User shall receive an acceptance e-mail from Tony Pappas indicating that the transaction has been processed along with a detailed invoice and the Agreement in an electronic format, the whole within a delay of seven (7) days. The User is the sole responsibility for ensuring the accuracy of the order, to print and keep a copy of the acceptance e-mail, the invoice, and the Agreement. A delay of fifty (15) days is allowed to the User from the date of the e-mail in order to contact, inform and demonstrate to Tony Pappas any error or inaccuracy on the billing invoice. At the expiration of this delay, the exactitude of the billing invoice will be presumed.
Return Policy and Cancellation Terms
Tony Pappas reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is canceled after your payment has been processed, Tony Pappas will issue a full refund.
The User who wishes to cancel his purchase of products immediately after having completed a transaction may do so by contacting directly the customer service representative of Tony Pappas at 514-521-0820 or by e-mail at the following address firstname.lastname@example.org. Moreover, the User has a thirty (15) day delay following the purchase date indicated on the invoice during which, he has the option to return any unworn product purchased through the Website, in its original package, along with the original copy of the invoice, either by going to any of Tony Pappas store or by returning the product, by courier, at his own charges.
In the event of a cancellation or return, shipping charges are non-refundable. Upon return of a product, a representative from Tony Pappas will credit the price paid on the same credit card used to process the transaction.
The purchase price for a product ordered is the price shown on the Website plus all applicable taxes and charges. The prices are quoted in Canadian dollars.
Tony Pappas strives to abide by the industry standards of accuracy in product and pricing information. Nevertheless, prices displayed on the Website may contain errors. In the event of a material pricing error, Tony Pappas reserves its right, at its sole discretion, to cancel any order and to fully refund the User if the payment has been processed. Tony Pappas shall oversee the correction of the information on the Website accordingly.
Tony Pappas reserves its right to modify, at its convenience, the pricing information displayed on the Website without prior notice to the User. The pricing information on the Website may differ from Tony Pappas’s in-store pricing for the same product.
This website uses the PayPal secure transaction system that ensures the security of financial information and personal information transmitted by the User during an online purchase or transaction.
All payments will go through PayPal’s secure system. It is not necessary, however, to have a PayPal account in order to purchase from our online store.
Payment of the price and any other amount payable by the User for the purchase of products may be made only by Visa TM credit card, Master Card, debit card and PayPal transaction system as the User chooses, you will have to enter the card number, expiry date, CVS number and the name of the registered holder unless another pre-determined method of payment has been accepted by Tony Pappas.
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Tony Pappas may revise or cease to make available any Products at any time without prior notice. In the event that Tony Pappas is unable to deliver you a Product ordered due to lack of availability, Tony Pappas will notify you via e-mail and your order will be automatically canceled with respect to such unavailable Product, provided that Tony Pappas may, at its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
Shipping and taxes
The User shall pay all applicable provincial and federal sales taxes along with shipping and handling charges plus the purchase price of the selected product(s). The User is responsible for the payment of the shipping charges according to the price list available on the Website at the time of the transaction. The shipping charges are subject to change, without prior notification, depending on the delivery option chosen by the User and the distance of delivery.
Tony Pappas will ship the product(s) ordered accordingly with the delivery option chosen by the User at the address indicated by the User. The User shall choose the delivery option and must pay the shipping charges accordingly. Delivery times specified on the Website are only provided as estimations and shall not be construed as warranties. Tony Pappas will not be liable for any delay related to the shipping, for any damages, direct or indirect, that the User may suffer.
Tony Pappas will only ship the products purchased within the boundaries of Canada. No delivery will be made to a postal box. Certain restrictions and conditions may apply in some provinces or territories where the distance is important and the shipping too difficult and/or costly.
Ownership and Risk of loss
A product purchased through the Website is delivered to the User by a third party delivery company pursuant to a contract of delivery with the User. This delivery company is completely independent of Tony Pappas and does not act as an associate or affiliate.
The User will become the owner of the purchased product(s) and will assume the risks of loss immediately upon delivery of the product(s) to the third party delivery company by Tony Pappas.
All Product returns are subject to the Tony Pappas Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
IN NO EVENT WILL Tony Pappas BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY Tony Pappas OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE www.tonypappas.ca WEBSITE, EVEN IF GROUPE TFFIRMA.INC OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL Tony Pappas’s TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL GROUPE TFFIRMA.INC BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, GROUPE TFFIRMA.INC’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES.
Representations of the User
The User hereby represents and warrants that he understands all the terms and conditions applying to purchase through the Website and the provisions of this Agreement. The User represents to Tony Pappas that all purchase of products made through the Website is intended for personal use only and not for resale, distribution or commercialization to any third party. The User understands that he cannot, at any time, assign his rights or obligations under the Terms and Conditions of Sale. Moreover, the User represents and warrants that his personal information given to Tony Pappas for billing purposes is accurate. The User represents and warrants that he is the legitimate cardholder of the credit card used for the purpose of any given transaction. Finally, the User represents and warrants that he is not a child or a person under the age of sixteen (16) years.
The Terms and Conditions of Sale are subject to the following general provisions:
GOVERNING LAW AND JURISDICTION
The Terms and Conditions of Sale, as well as its execution, interpretation, validity and effects, are subject to the laws of the Province of Quebec and to the laws of Canada applicable.
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold Tony Pappas harmless against all claims, damages or liability resulting from a breach of the foregoing.
Any dispute or claim arising out of, relating to, or having any connection with, the present Terms and Conditions of Sale, shall be referred to and finally resolved by a sole arbitrator (hereinafter « Arbitration Tribunal » or « Arbitrator » according to the following procedure: a party intending to submit a dispute to the Arbitration Tribunal must notify the other party of his request to refer to a sole arbitrator approved by all concerned parties, specifying the matter in dispute.
If the parties fail to concur on the choice of a sole arbitrator within a period of fifteen (15) days from the date of service of the notice, a sole arbitrator shall be appointed by a judge sitting in the judicial district of Quebec. The arbitration award will be final and without appeal and will bind the parties and shall be made by the Arbitrator in the best possible delay. The fees and costs of arbitration shall be shared equally between the parties unless the Arbitrator decides otherwise, as he may, at its sole discretion. The arbitration is subject to the provisions of the Civil Code of Quebec and the Code of Civil Procedure. Some laws do not allow mandatory arbitration for consumer matters. As a result, the present provision may not apply to you.
Notwithstanding the arbitration provision herein or any other provision of the Terms and Conditions of Sale, Tony Pappas shall have the right to seek and obtain any injunctive relief, provisional, interim or permanent, from any court of competent jurisdiction to protect its trade-marks or any other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
Notice and Communication
The notice requested or approved according to the present Terms and Conditions of Sale must be made in writing and shall be considered validly received when sent by e-mail or certified mail at the following address:
Tony Pappas Inc., 1822 ave du Mont-Royal est, Montréal, Qc H2H 1J1