Terms and Conditions for Website Use
The Terms and Conditions set forth here, are the Terms and Conditions when purchasing from Blackcherrydropoff.com
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are 19 years of age or older.
You may not use our products for resale.
You must not transmit any viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of this service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by BCDO.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
BCDO does not guarantee that products and Services advertised on our website will be available when ordered or thereafter.
BCDO will contact you if an item chosen requires a replacement.
All sales are final.
We do not accept returns or exchanges.
Prices shown on BCDO’s website do not include shipping and handling. Neither do not the prices include taxes unless otherwise noted. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is made. Nonetheless, if the price drops before shipment and you notify BCDO of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.
Orders only ship on business days, which are Monday – Friday.
BCDO does not ship outside of Canada.
BCDO asks that if your package has not arrived within 1 business days that you notify email@example.com
Order Cancellations & Changes
Please review orders very carefully prior to submitting them and in the case a cancellation is necessary; please contact us as soon as possible at firstname.lastname@example.org to increase the likelihood that we are able to stop your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be sent to our warehouse for fulfillment very soon after they are placed. Due to difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing.
Errors, Misprints, and Omissions
Our goal is to provide current and accurate information on our website. However, errors, misprints, and omissions sometimes occur. These include but are not limited to incorrect or incomplete prices, descriptions, specifications, photographs or illustrations. BCDO makes no warranty that the content of the website is accurate or complete.
Prior to shipment or delivery of any order, BCDO may cancel, reject, correct, or terminate any order for products for which the price was incorrectly displayed or where we otherwise displayed erroneous, incomplete, or inaccurate information. BCDO may cancel, reject, correct or terminate at any stage of the order processing, including after an order has been submitted and confirmed, and your funds transfer has been sent or received.
BCDO is not obligated to complete any sale of products based on errors, misprints, or omissions on our website.
BCDO may at any time, with no prior notice or liability to any website user (a) correct any error, inaccuracy, or omission; (b) change the products available on the website, or the prices, fees, description, and specifications of such products; (c) limit quantities, promotional or otherwise, available for sale.
Limitation of Liability
The maximum liability to you for products purchased from BCDO shall be limited to the purchase price you have paid for the products. Also, BCDO will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
BCDO reserves the right to change or to cancel it at any time before accepting your order.
These Terms and Conditions shall be interpreted under and governed by the laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of these Terms and Conditions.
All dispute, controversy, or claim against BCDO arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).
The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and BCDO. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney’s fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator’s fees, if any) in the proportion that the final award bears to the amount of the initial claim.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by BCDO. These Terms and Conditions may not be modified, altered or amended without the written agreement of BCDO.
If any provision of these Terms and Conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.
You may not assign this agreement without BCDO’s prior written consent. BCDO is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from BCDO, this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of BCDO are strictly prohibited. BCDO reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
JURISDICTION & GOVERNING LAW
The laws of the Province of Nova Scotia and any applicable federal laws of Canada shall exclusively govern your use of the Website and the interpretation of these Terms. This clause applies regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the applicable forum of the Province of Nova Scotia.