Effective Date: June 13, 2024
These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you” or “the Customer”) and goswiftshelf.com (“we”, “us”, or “our”) governing your access to and use of our website and the purchase of any goods therefrom. Please read these Terms carefully before placing an order.
1. Formation of Contract
1.1 Placing an order on our website constitutes an offer by you to purchase the goods specified in your order.
1.2 We will send you an order acknowledgement email upon receipt of your order. This email does not constitute acceptance of your offer.
1.3 A legally binding contract between you and us is formed only when we dispatch the goods and send you a dispatch confirmation email.
1.4 We reserve the right to reject any order for any reason, including but not limited to product unavailability, pricing errors, or suspicion of fraudulent activity. If we reject your order, we will notify you and refund any payment you have made.
2. Price and Payment
2.1 The price of the goods shall be the price quoted on our website at the time you place your order, subject to clause 2.3.
2.2 All prices are in Canadian Dollars (CAD) and are inclusive of applicable taxes (where applicable) but exclusive of shipping charges, which will be clearly stated at checkout and added to the total amount due.
2.3 In the event of an obvious pricing error (including a manifest or clerical error), we are not obliged to honor the incorrect price. We will notify you of the error and provide you with the option to reconfirm your order at the correct price or to cancel it without penalty.
2.4 Payment must be made in full at the time of ordering. We accept the payment methods indicated on our website.
2.5 Title to the goods shall remain vested in us until we have received full and cleared payment for the goods. Risk of loss or damage to the goods passes to you upon delivery.
3. Shipping and Delivery
3.1 We will ship the goods to the shipping address specified in your order.
3.2 Shipping timeframes provided on our website are estimates only. While we use reasonable endeavors to ship within such timeframes, we shall not be liable for any delays beyond our reasonable control, including but not limited to acts of God, strikes, industrial action, courier service failures, or extreme weather conditions.
3.3 If delivery is unsuccessful due to your absence or failure to provide accurate shipping instructions, the courier will leave a notification card with instructions for redelivery or pickup. We reserve the right to charge you for any subsequent redelivery attempts or return shipping costs incurred.
4. Cancellation and Returns
4.1 You may cancel your order before it has been dispatched. Once an order has been dispatched, you may return the goods in accordance with our Return and Refund Policy.
4.2 If you wish to cancel an order that has not yet been dispatched, please contact us immediately at support@goswiftshelf.com.
4.3 For returns, please refer to our Return and Refund Policy set out below.
5. Consumer Protection
The laws of the Province of Ontario and the federal laws of Canada applicable therein govern these Terms. You may have additional rights under consumer protection laws in your province or territory. These Terms do not affect your statutory rights.
6. Limitation of Liability
6.1 Nothing in these Terms shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of your statutory rights under applicable consumer protection laws; or (d) any liability that cannot be excluded or limited under applicable law.
6.2 Subject to clause 6.1, our total liability to you in connection with any product purchased through our website shall be strictly limited to the purchase price of that product.
6.3 We shall not be liable for any indirect, consequential, or incidental losses, including but not limited to loss of profit, loss of business, loss of opportunity, loss of goodwill, or wasted expenditure, arising from the use of our website or the purchase of our products.
7. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms if such failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, industrial action, fire, flood, pandemic, or supplier failure.
8. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms, and the remaining provisions shall continue in full force and effect.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
Address:
5658 Glen Erin Dr, Mississauga, ON L5M 6C4, Canada
Email:
support@goswiftshelf.com
Phone:
+1(905)-812-7198