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Terms & Conditions

The following terms and conditions govern the sale of products by EnjoyGadgets.com, a division of EnjoyGadgets Solutions. By submitting your on-line order to EnjoyGadgets.com, you have indicated your acceptance to be bound by these terms and conditions of sale. At EnjoyGadgets.com's sole discretion, these terms and conditions may be changed without prior notice at any time before EnjoyGadgets.com accepts your order.

Acceptance The Use Of EnjoyGadgets Terms and Conditions

Your access to and use of EnjoyGadgets.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

Payment Terms

Payment is due by credit card, PayPal, Certified Cheque, Money Order or Bank Draft. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.

Disclaimer of Warranty

When products are shipped to you, their limited warranties applicable to products are in effect and are included with the shipment. Certain products may have additional warranties provided by the original manufacturer but not by EnjoyGadgets.com. On our web site, "as is" products may not have warranties from EnjoyGadgets.com (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law), but may still hold warranties from the manufacturer.

Payment Shipping and Handling Charges and Taxes

The buyer is responsible for any taxes or tariffs associated with your purchase.

Prices

Prices shown on the EnjoyGadgets.com's site 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 EnjoyGadgets.com 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.

Shipping & Risks during Shipping

When products are shipped to you by common carrier, EnjoyGadgets.com's liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with EnjoyGadgets.com.

Limited Warranty

EnjoyGadgets.com warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of one (1) year for OEM products, or thirty (30) days for RETAIL packaged products from the original Invoice date unless otherwise restricted below or by the manufacturer's own warranty policy.

EnjoyGadgets.com's liability shall as limited to replacing, at its option, any defective product which is returned, freight prepaid to EnjoyGadgets.com, according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure below. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to EnjoyGadgets.com. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by EnjoyGadgets.com, are not covered by this warranty.

Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by the EnjoyGadgets.com shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. EnjoyGadgets.com shall return repaired or replaced product(s) to Buyer, at its expense via regular shipping service within North America. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. EnjoyGadgets.com MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OG MERCHANTABILITY. IN NO EVENT SHALL EnjoyGadgets.com BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL EnjoyGadgets.com'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).

Limitation of Liability

The maximum liability to you for products purchased from EnjoyGadgets.com shall be limited to the purchase price you have paid for the products. Also, EnjoyGadgets.com 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.

THIS RETURN POLICY IS NOT A WARRANTY. EnjoyGadgets.com reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the previous return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.

Title

Title to hardware products and to the media in which software products are embodied passes to you upon shipment by EnjoyGadgets.com. Title to software remains with the licensor of the software.

Interpretation

These terms and conditions shall be interpreted under and governed by the federal 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.

Arbitration

No Modification

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 EnjoyGadgets.com. These terms and conditions may not be modified, altered or amended without the written agreement of EnjoyGadgets.com.

Severability

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.

General

You may not assign this agreement without EnjoyGadgets.com's prior written consent. EnjoyGadgets.com 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 EnjoyGadgets.com, this agreement shall take precedence.

Change of Use

EnjoyGadgets reserves the right to:

  • change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that EnjoyGadgets shall not be liable to you for any such change or removal and.
  • change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites

EnjoyGadgets Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Copyright

  • All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to EnjoyGadgets or otherwise used by EnjoyGadgets as permitted by law.
  • In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

Disclaimers and Limitation of Liability

  • The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • To the extent permitted by law, EnjoyGadgets will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
  • EnjoyGadgets makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
  • Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of EnjoyGadgets for death or personal injury as a result of the negligence of EnjoyGadgets or that of its employees or agents.

Indemnity

You agree to indemnify and hold EnjoyGadgets and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against EnjoyGadgets arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Canada and you hereby submit to the exclusive jurisdiction of Canadian courts.

For any further information please email us at info@enjoygadgets.com.