Terms & Conditions Of Sale
LAST UPDATED: APRIL 02, 2024
Welcome to Berglite Inc. (“Berglite”, “We”, “Us”, the “Company”)! These Terms and Conditions of Sale ("Terms") outline the rules and regulations for your purchase of products from the Berglite website at www.berglite.com (the "Website"). By making a purchase on the Website, you agree to comply with these Terms. If you do not agree to these Terms, please refrain from using the Website whatsoever.
The Terms apply to all users of the Website regardless of whether they are purchasing customers or not. By accessing the Website, users agree to comply with these Terms. These Terms become applicable as soon as the Website is accessed. By accessing the Website, users provide their consent and agreement to the Terms herein.
The Terms constitute a legally binding contract that governs all aspects of your usage of the Website, including but not limited to payments, delivery, intellectual property rights, warranties, limitations of liability, and dispute resolution. By accessing and using the Website, you agree to be bound by the terms and conditions set forth in the Terms. It is important to read and understand the Terms thoroughly before using the Website. If you do not agree with any part of the Terms, you should refrain from using the Website.
Article 1. ConditionsPurchase and Payment Terms
Consideration
The sales price is the amount specified in the Order summary and is payable at the conclusion of this Agreement. Our website utilizes WooCommerce and Stripe electronic commerce solutions for processing online orders. When completing a transaction on our website, you are required to furnish your payment details, subjecting you to Stripe’s Terms of Service. Stripe accepts various payment methods, including PayPal, Visa, Mastercard, American Express, Google Pay, and Apple Pay.
Payment Authorization By placing an order on the Website, you authorize Berglite to charge the payment method provided by you in order to process the order. You consent to Berglite using your provided payment information for this purpose. You agree to provide accurate and complete payment information when making a purchase on the Website.
Fraudulent Payments
Users are required to provide accurate payment information that belongs to them and for which they have the authority to use. Users are strictly prohibited from using payment methods that do not belong to them or for which they do not have proper authorization. In the event that users engage in fraudulent payment activities, resulting in Berglite being involved in disputes, legal actions, or other issues, users agree to hold Berglite harmless from any liabilities, damages, or expenses incurred.
Delivery Charges
Shipping and handling fees, if applicable, will be specified in the Order summary, and any associated taxes will also be included in the total cost.
Credit Cards and Order Confirmation
To make purchases on our website, you may be required to provide information, including, but not limited to, credit card details for payment and billing purposes. By completing a purchase, you agree to assume responsibility for all associated costs, either incurred by you or the credit card user, pertaining to the placed order. The customer commits to adhering to the terms and conditions outlined in this Agreement when engaging in transactions on the website.
Restrictions and Other Obligations of the Customer
The purchase of products on the website is subject to the following restrictions and obligations: The Corporation reserves the right to refuse any order on reasonable grounds. If products purchased by the Customer are resold to a third party, the Customer absolves the Corporation of all liabilities arising from the assembly, disassembly, or any other handling, either by the Customer or a third party, of the products.
Safety
Some products offered on our website may pose inherent security risks if not installed or handled properly. The Customer agrees to exercise caution during the assembly, installation, and handling of products purchased from the Corporation. Additionally, the Customer undertakes to read all necessary documentation for user safety related to product assembly, installation, and usage.
Modifications
The prices posted on the Website are subject to change without notice. The Corporation reserves the right to correct all errors in the prices posted on the Website. By entering into this Agreement, the Customer acknowledges being aware of the prices listed on the website.
Cancellations
The Customer may cancel an order placed on the Website as long as the order has not been shipped. To cancel an order, the Customer must refer to the SHIPPING AND RETURN POLICIES. If the order has been shipped (including if the order is in transit), then the Customer must refer to the Returns section below.
Returns
Unless otherwise specified on our website, all products purchased by the Customer can be returned for a refund if the conditions outlined in the SHIPPING AND RETURN POLICIES are met. For more information, please contact our customer service at support@Berglite.com.
Article 2. Product Delivery
Terms and Conditions of Delivery
Shipping and handling fees, along with any applicable sales/use tax, will be added by Berglite as necessary. Please refer to our Shipping, Ordering & Payment webpage, and all related pages for further information.
Location
The Carrier will deliver the order in front of the location (e.g. in front of the building) specified by the Customer in the Order summary during the time slot chosen by the Customer from the times suggested by the Corporation (the “Delivery”).
Address Errors
The Corporation is not liable for orders that could not be delivered or were not received due to inaccurate address information provided by the Customer.
Shipment Issues Berglite is not responsible for any shipment issues caused by third parties, such as shipment processors. In the event of any shipment issues, Berglite will assist in coordinating with shipment processors to resolve the issue to the best of its ability. However, Berglite cannot assume responsibility for shipment issues caused by the shipment processors. Users acknowledge and understand that Berglite is not liable for any such issues arising from third-party shipment processors.
Article 3. Technical Conditions to Access the Website
The Website's digital content is accessible through recent versions of the following web browsers: Safari, Google Chrome, Firefox, and Windows Internet Explorer 11. For an optimal user experience, the Corporation recommends using web browsers that adhere to the most recent web standards. While these browsers may undergo technological changes, the Corporation cannot guarantee continuous compatibility with the Website. In the event of any discrepancy or inconsistency between the Customer's web browser and the Website, the Corporation shall not be held liable for service interruptions associated with these technological changes.
If you have technical difficulties, you may contact the Corporation at the following email address: support@berglite.com. However, the Corporation does not make any guarantee or has no obligation in any way to solve the Customer’s computer software or hardware problems.
Article 4. Secured Information
The exchange of personal and confidential information (passwords, addresses, etc.) between the Website and the Customer’s browser is protected by data encryption technology (Secure Socket Layer [SSL]) and the data stored is protected by AES-256 encryption. In addition, Woocoomerce, the platform used by the Corporation, complies with PCI DSS standards. The Corporation uses its best efforts to ensure that personal and confidential information exchanged between the Customer and the Website is not intercepted or altered fraudulently.
Article 5. Unauthorized use of the network
You are prohibited from using any automatic or manual conduct, device, process, software, program, algorithm, methodology, or routine, including but not limited to a 'robot,' 'spider,' or any similar process or functionality, to interfere with, damage, disable, or impose an unreasonable burden or load on the operation of the Network. Transmitting any worms or viruses or any code of a destructive nature to the Network is also strictly prohibited.
Additionally, you agree not to use the Network for any illegal, obscene, abusive, offensive, harassing, improper, or objectionable purpose. This includes the prohibition of selling or offering to sell any goods or services, conducting or forwarding surveys, contests, or chain letters, or engaging in any activity prohibited by these Terms of Use. Any illegal and/or unauthorized uses of the Network, such as unauthorized framing or linking to the Network, or the unauthorized use of any robot, spider, or other automated device on the Network, will be investigated and may result in appropriate legal action, including civil, criminal, and injunctive redress.
Article 6. Information Protection
Where applicable, the Customer agrees to maintain the confidentiality of all information provided by the Corporation for accessing the Website, including passwords and usernames, and agrees not to disclose this information in any form to a third party.
Article 7. Limitation of Liability
The Corporation shall not be liable for any losses or indirect, punitive, consequential, special, or other damages arising from the characteristics and limitations of your Internet network. This includes interrupted access to the Website, technical performance, or response times for viewing the Website's digital content.
Due to the intrinsic characteristics of the Internet, the Corporation does not guarantee protection against potential risks such as diversion, intrusion, contamination, or piracy of your data, files, and programs. It is your responsibility to take all appropriate measures to safeguard your data, files, and programs, including protection against computer viruses.
Throughout the period when the products are under the control of the Corporation—from manufacture until taken over by the Carrier for their initial delivery—any product breakage beyond the Corporation's control or for which reasonable preventive measures were taken will be deemed the result of a force majeure, for which the Company cannot be held liable.
IN THE EVENT OF THE CORPORATION’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT, TOTAL LIABILITY TO THE CUSTOMER FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NEVER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO THE CORPORATION FOR THE PRODUCTS BEING CLAIMED. THIS LIMITATION OF LIABILITY DOES NOT APPLY IF THERE IS EVIDENCE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR IF THIS LIMITATION IS CONTRARY TO PUBLIC ORDER.
Article 8. Jurisdiction
This Agreement is governed by the laws and regulations applicable in the Province of Ontario and the federal laws of Canada applicable therein. Any dispute between the parties arising from this Agreement will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
Before the conclusion of the contract, the client acknowledges having examined it and not having detected any error that should lead to its correction, in addition to acknowledging that it has been expressly given the possibility of accepting or refusing the proposal. By making purchases from the website, the customer declares to have accepted the contract.
The customer declares himself to be of the age required to contract in the jurisdiction where he is.
Article 9. Dispute Resolution
In the event of any disputes arising under or in connection with these Terms and Conditions of Sale, the parties agree to negotiate in good faith for a period of at least 60 days to attempt to resolve the dispute amicably. If the dispute cannot be resolved through negotiation within this timeframe, the parties may agree to adjudication with a panel of one adjudicator selected by Berglite.
Article 10. Electronic Communications
When you use Berglite.com Services or send an email to Berglite, you are engaging in electronic communication and thereby consenting to receiving communications from Berglite electronically. Berglite will communicate with you via email, by posting notices on the Berglite website, or through other Berglite.com Services. You agree that all agreements, notices, disclosures, and other communications that Berglite provides to you electronically satisfy any legal requirement that such communications be in writing.
Article 11. Trademarks and Intellectual Property
All intellectual property rights, including but not limited to trademarks, logos, images, text, graphics, and software, displayed on the website are the property of Berglite. Users are prohibited from using Berglite's intellectual property improperly, representing it as their own, or manipulating it in any way. By accessing this website, users acknowledge and agree that they have no authority to use Berglite's intellectual property.
Article 12. License & Access
Subject to your compliance with these Terms and payment of any applicable fees, Berglite.com or its content providers grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and make personal, non-commercial use of Berglite.com Services. This license does not encompass resale or commercial use of Berglite.com Services or their contents, collection and use of product listings, descriptions, or prices, derivative use of Berglite.com Services or their contents, downloading or copying of account information for the benefit of another merchant, or use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted in these Conditions of Use are reserved and retained by Berglite or its licensors, suppliers, publishers, rightsholders, or other content providers. Berglite.com Services, or any part thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Berglite.com. Misuse of Berglite.com Services is prohibited. You may use Berglite.com Services only as permitted by law. The licenses granted by Berglite will terminate if you do not comply with these Conditions of Use.
Article 13. Communications and Other Content
Visitors are welcome to submit suggestions, ideas, comments, questions, or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Additionally, the content should not consist of or contain software viruses, engage in political campaigning, involve commercial solicitation, chain letters, mass mailings, or any form of 'spam' or unsolicited commercial electronic messages. Users are prohibited from using a false e-mail address, impersonating any person or entity, or misleading as to the origin of any content.
If material is submitted, and unless otherwise indicated by Berglite, the visitor grants Berglite a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, and display such content worldwide in any media. The visitor also grants Berglite the right to use the name submitted in connection with such content. The visitor represents and warrants that they own or otherwise control all rights to the content posted; that the content is accurate; that use of the supplied content does not violate this policy and will not cause injury to any person or entity; and that they will indemnify Berglite for all claims resulting from the content supplied.
Article 14. Terms of Sale and Prices
By placing an order with Berglite, you are (i) offering to purchase a product, (ii) confirming that you are over 18 years of age, and (iii) ensuring that all information provided in connection with the order is true, accurate, and that you are an authorized user of the provided payment method. The receipt of an order confirmation by you does not constitute Berglite's acceptance of the order. We reserve the right to refuse any request made by you.
Before Berglite's acceptance of an order, verification of information may be required. We reserve the right at any time after receiving your order to accept or decline it, or any portion thereof, even after your receipt of an order confirmation from Berglite, for any reason whatsoever. We also reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Berglite retains the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Berglite will credit your account in the amount of the incorrect price.
Berglite retains the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Network are quoted in Canadian dollars.
Article 15: General Prohibitions
Users are prohibited from engaging in the following activities while using the website:
1. Violating any applicable laws or regulations.
2. Infringing upon the intellectual property rights of Berglite or any third party.
3. Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
4. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
5. Uploading, transmitting, or distributing any viruses, worms, malware, or other harmful code.
6. Attempting to gain unauthorized access to the website, its servers, or any other systems or networks connected to the website.
7. Interfering with or disrupting the operation of the website or any servers or networks connected to the website.
8. Engaging in any form of data mining, data harvesting, data extracting, or similar activities.
9. Violating the security or integrity of the website or any systems or networks connected to the website.
10. Engaging in any other activity that Berglite, in its sole discretion, deems inappropriate or unacceptable.
Article 16: Website Availability
The website is provided on an "as is, where is" basis. Berglite does not guarantee the continued availability or uninterrupted use of the website. Berglite reserves the right to take down or make changes to the website at any time, in its sole discretion, without prior notice. Users acknowledge and agree that they use the website at their own risk, and Berglite shall not be liable for any interruption or discontinuation of the website's availability.
Article 17: Accuracy User Information and Accounts
Users may have the option to open an account on the website, leave reviews for products, and engage with the website in various other ways. In doing so, users agree to provide accurate, up-to-date, and proper information that is not misleading, misrepresenting, or fraudulent. If Berglite determines that any information provided by users was not accurate, Berglite reserves the right to ban users from the website permanently.
Article 18. General Modifications and Changes
Berglite reserves the right to modify or amend these Terms and Conditions of Sale at any time without prior notice. Any changes or modifications will be effective immediately upon posting the revised Terms on the Website. It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the Website following the posting of changes constitutes acceptance of those changes. If you do not agree with any of the changes to these Terms, you must immediately cease using the Website. These Terms were last updated as noted above.
Article 19. Privacy Policy
These Terms should be read and understood in conjunction with Berglite's Privacy Policy, which is posted on the Website. By using the Website and agreeing to these Terms, users also acknowledge and agree to the terms outlined in Berglite's Privacy Policy.
Article 20. Communications and Complaints
All communications and complaints to Berglite should be made via email to support@berglite.com. Berglite strives to respond to customers within a 48-hour time frame.
