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TERMS OF USE POLICY

This website is owned and operated by N. Tepperman Limited (“Tepperman’s”) in conjunction with its subsidiaries and affiliates and any related entities. The following terms and conditions govern your access and use of this website. Although you may bypass this Agreement, your use of this website still binds you to the Terms and Conditions. We reserve the right to update or modify these terms and conditions at any time without your prior notice, and your subsequent use of this site signifies your unconditional agreement to follow and be bound by the Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this website.

COPYRIGHTS AND TRADEMARK

All content including, without limitation, all text, design, graphics, drawings, photographs, code and software and all organization and presentation of that content forming a part of this website is subject to various intellectual property rights including copyright and trademarks which are held by or, in some cases, licensed to Tepperman’s. All those rights are expressly reserved. You are permitted to electronically copy and print hardcopies of pages in this website for your personal, non-commercial use provided that those copies clearly display our copyright and any other proprietary notices on their face. You may not copy this website in whole or in part without Tepperman’s express prior written consent. Certain other trademarks, trade names, words, logos, slogans and images are the property of their respective owners.

PROHIBITED ACTIVITIES

This website and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the website or any related software. The content and software on this site may be used only as a shopping resource. Any other use including any use contrary to Canadian or international laws or the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

In its sole discretion, in addition to any other rights or remedies available to Tepperman’s and without any liability whatsoever, Tepperman’s at any time and without notice may terminate or restrict your access to any component of the website.

LINKS

This website may contain links to other websites. Any of those websites are independent from this website and from Tepperman’s and it has no control over the contents of such other websites. The provision of a link does not constitute an endorsement by Tepperman’s of any other website.

Tepperman’s and any of its directors, officers, employees, agents, contractors, successors and assigns will not be liable to you for any damages whatsoever arising out of or related to access to or use of this website or any other website linked to this website whether or not those damages might be foreseeable and even if Tepperman’s or any of its subsidiaries is informed of that possibility. This includes liability for direct, indirect, special punitive, incidental or consequential damages, including lost profits, lost savings, business interruption or loss of data.

ORDERING AND DELIVERY INFORMATION

All sizes quoted are approximate. All reference to dollars and cents or currency on this site are in Canadian Dollars. Our prices do not include taxes, administration fees or delivery charges, if applicable.

Tepperman’s reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Tepperman’s believes that customer conduct violates applicable law or is harmful to the interests of Tepperman’s.

Product features, benefits, specifications, dimensions, descriptions, material, recommended care, and warranty information is based on manufacturers specifications provided to Tepperman’s. Dimensions of products are approximate.

We have made every effort to display as accurately as possible the colours of products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Some items displayed are not exactly as shown.

The Bargain Annex Store is not included in any offers.

PRICING AND CREDIT

Tepperman’s offers limited-time sales values, special buys and items. Due to competitive market pressures, prices are subject to change. Tepperman’s reserves the right to correct, at any time, any pricing errors and the right to rescind the offer to sell or provide any product or service at its sole discretion for any reason. Although every reasonable attempt will be made to ensure all product is available for pick-up or delivery some items may be limited quantity or subject to availability. Some conditions and restrictions apply to all offers. Tepperman’s makes no representation whether express or implied except those which are specifically described in this website. Please visit any one of our Store Locations for complete details, or call us at any one of our four locations.

RETURNS AND EXCHANGES

All returns and product exchanges of new, unused products must be processed at a Tepperman’s store location. Simply return the product in its original condition and packaging with the original sales receipt you received with your purchase. For warranty claims, please see the section entitled “Peace of Mind Product Protection”. If you require more information or require assistance with a return or exchange, please call Customer Care at 1-866-966-5678 or send an email to Customer Care.

PRIVACY POLICY

You have read the Privacy Policy of Tepperman’s, the terms of which appear on the website and are incorporated into these Terms and Conditions. You agree that the terms of such policy are reasonable. You consent to the use of your personal information by Tepperman’s in accordance with the terms of and for the purposes set forth in the Tepperman’s Privacy Policy.

LIMITATION OF LIABILITY

Please note that this website is provided “as is” and may be accessed and used by you only at your own risk. Although reasonable commercial efforts have been used to ensure that the website will be current and will contain and operate with no errors or inaccuracies, you agree that Tepperman’s makes no representations and warranties (either express or implied) that the website will be error-free or completely functional, accurate or current at all times or at any time. Tepperman’s may correct errors or inaccuracies and change or update information or functionality at any time without notice, including in respect of features, prices, availability of product and the status of orders in process.

Tepperman’s is 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.

Tepperman’s assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any materials, data, text, images, video or audio from the website. In no event shall Tepperman’s 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 the website or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the website for purchases), of the performance or non performance by Tepperman’s, even if such party has been advised of the possibility of damages by such parties or any other party.

INDEMNIFICATION

You shall indemnify and save harmless Tepperman’s and its 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 the website.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Windsor, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the website and these Terms and Conditions.

SEVERABILITY

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.

HEADINGS

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

ENTIRE AGREEMENT

These Terms and Conditions, together with those incorporated or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Tepperman’s making such amendments or modifications available to it pursuant to the Terms and Conditions.

FORCE MAJEURE

In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labour disputes, inability to procure materials, failure of power, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms hereunder, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

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