The following Terms and Conditions aim to govern the purchases of any product offered by Factorydirectsale.ca . Please take the time to read these terms of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may be applicable. By placing an order, you acknowledge that you have taken the time to read, accept and agree to be bound by these terms of sale, without limitation or qualifications. These terms of sale are subject to modification at any time without prior written notice and in the sole discretion of The Factory Direct Sale Team and Factorydirectsale.ca. You have been advised.
Factorydirectsale.ca may discontinue the production and selling of any product at any time without notice. The product prices displayed on our website do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
2. Price, Quantity/Inventory and Specifications Errors
Our goal is a 100% error-free Website. If any product price, quantity, specifications errors are discovered on Factorydirectsale.ca, they are promptly corrected on our systems, and the corrected information will apply. We will notify you if your order includes items with incorrect price, quantity or specifications.
Orders are not binding upon Factorydirectsale.ca until accepted for fulfilment. Factorydirectsale.ca reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Payment can be made via MasterCard and Visa through Paypal’s redirected online payment system. Your credit card will be charged when your order is placed. Factorydirectsale.ca also accepts Interac e-transfer payments through online banking. Please refer to our payment options page for more details.
5. Sales Tax
You are responsible for the payment of any province and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price and may include charges for shipping and handling if required by law. By law, Factorydirectsale.ca will collect sales tax for orders delivered to Canadian Addresses.
If you order by 4 p.m. Eastern Standard Time, the in-stock items ordered will be shipped that day (Monday through Friday delivery days) via ground transportation to most locations. While Factorydirectsale.ca will make every reasonable effort to ship your orders within these time frames, Factorydirectsale.ca is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond Factorydirectsale.ca reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Web site caused by an event outside the direct control of Factorydirectsale.ca, including without limitation, power outages or attacks on this website such as by persons known as “hackers.”
7. International Shipments
All Projector Screens and E-bikes (exclusions may apply, excludes products marked “refurbished”, “Open Box”, “Clearance”, and “final sale”) sold through Factorydirectsale.ca are eligible for a 6-12months quality warranty for main parts from Factorydirectsale.ca. All other products (exclusions may apply, exclude products marked “refurbished”,”Open Box”,”Clearance”, “final sale” or special warranties) has a 90-day quality warranty for main parts from Factorydirectsale.ca. Shipping fees for warranty will be applied to the purchaser of the product. If any of the products are reprogrammed, damaged, abused, mishandled, or altered, the warranty will not be upheld. No refunds will be granted after the order is put, and shipping fees and restocking fees will be applied if the cancellation is approved. Products marked “refurbished”,”Open Box”,”Clearance”, “final sale”, which are sold “as is”, have no warranty and are not refundable. All acceptable and approved returns are subject to restocking fees of 20% of the purchase price and for non-defective unopened packages. Customers are responsible for any return shipping costs.
9. Limitation of Liability
To the maximum extent allowed by law, Factorydirectsale.ca shall not be liable for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to these Terms of Conditions, this Website, the catalog, product(s) or order(s), whether such claim is based on warranty, contract, tort (including negligence or strict liability) or otherwise. In no event will the collective liability of Factorydirectsale.ca exceed the amount you have paid to the company for the applicable order or product out of which liability arose. These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Some provinces or states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
If any provision of these Terms and Conditions are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, applicable to contracts made, and to be enforced wholly within the Province of Ontario.
Any dispute or disagreement arising out of these Terms and Conditions, or breach thereof, shall be settled by arbitration administered by the Ontario Courts under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Toronto, Ontario.
13. Jurisdiction and Venue
You and Factorydirectsale.ca (collectively the “Parties” individually a “Party”) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Conditions must be brought solely and exclusively Ontario Courts located in the City of Toronto, Ontario, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
14. Waivers and Amendments
The waiver by either Party of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances. These Terms and Conditions may be waived or amended only in a writing signed by the Parties.