Terms of Sale
Terms of Sale
LAST UPDATED ON: JANUARY 1, 2023
This Site is only available for use by Canadian residents having a Canadian mailing address and only ships products to addresses in Canada.
All products on the Site are invitations to purchase and not offers to sell. CAP or NI, as applicable, reserve the right, at its sole discretion, to accept or reject the order once you have completed and placed your order. You will receive online confirmation that your order has been received by CAP/NI after you place your order on the Site. This online confirmation that your order has been received by CAP/NI does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address you provide or associated with your account if you have one. Taxes and shipping will apply as of the date of shipping.
Rejection or Cancellation of Orders
CAP/NI reserves the right at any time after receipt of your order to accept or reject your order for any reason and CAP/NI will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that CAP/NI rejects the order, CAP/NI will have no obligation to fulfill your order and you will have no obligation to pay CAP/NI for the order. CAP/NI also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include:
- Limitations on quantities available for purchase;
- Inaccuracies or errors in product or pricing information;
- Problems identified by Arctic Co-op’s credit and fraud avoidance department.
CAP/NI may also require additional verifications or information before accepting any order. CAP/NI will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by CAP/NI or if additional information is required to accept your order.
Availability and Description of Products
The purchase of products on the Site is subject to availability. In the event that CAP/NI advises you that any products are no longer available, CAP/NI will have no obligation to fulfill your order and you will have no obligation to pay CAP/NI for the order. If you find that a product you purchased is not as described, your sole remedy is to return it in accordance with Arctic Co-op’s Return Policy.
By confirming your purchase at the end of the checkout process, you agree to pay CAP/NI the amount set out as the ORDER TOTAL in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described herein (the “Purchase Price”). The ORDER TOTAL is quoted in Canadian dollars and includes shipping and handling fees, other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars to your selected credit card by CAP/NI in one or more charges as each product is shipped. Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total. In the event that an item is listed at an incorrect price due to an error in pricing, CAP/NI will have the right, at its sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, CAP/NI may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Quantity Limits and Dealer Sales
CAP/NI reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card or method of payment, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. CAP/NI also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) to a third party.
Method of Payment
You may pay for your purchase using VISA or MasterCard and you authorize CAP/NI to charge the applicable card for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and CAP/NI will have no obligation to fulfill your order. All billing and registration information provided by you to CAP/NI must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.
Your credit card will be charged at the time you place your order.
Your order will be shipped by one of CAP/NI’s third-party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped. CAP/NI is not responsible for any loss of the products following shipment from its agents’ facilities to you. If your products are shipped separately, the Purchase Price for your items, which includes the shipping fees, will be charged to your selected credit card by CAP/NI at the time you place your order.
Cancellations and Exchanges
You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and CAP/NI will respect all such applicable laws. In addition to these statutory rights, returns of product purchased on the Site are governed by the following Merchandise Return for Exchange Policy.
Merchandise Return for Exchange Policy
Goods may be returned for exchange only, only with prior authorization from CAP/NI (as applicable) and only within ten (10) days of receipt of delivery by you. Request for authorization for a Return Merchandise Approval number (RMA) is made via telephone or email to:
Local Phone: (905) 675-3375
Toll free: (888) 468-4827
Unauthorized returns, or returns not identified by an RMA number, will not be accepted and will be returned via “collect” freight.
Returned goods must be in resalable condition and repackaged appropriately to avoid damage in transit. Goods being returned shall be shipped via “prepaid” freight.
Authorized merchandise returns must include proof of purchase (original invoice or packing slip); all original CAP/NI tags and labels (e.g. price tag, etc.) and RMA number.
You are responsible for the security of your account and password. CAP/NI shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.
Changes to the Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. CAP/NI may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with CAP/NI you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.
The Site will generally display a customer’s order history for the preceding twelve (12) month period. CAP/NI may purge the order history from time to time without notice.
Disclaimers of Warranties
To the maximum extent permitted by applicable laws, CAP/NI disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. CAP/NI makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use. Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
Limitations of Liability
In no event shall CAP/NI be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature to you including for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data. If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of CAP/NI for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction. The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if CAP/NI had been advised or had reasons to know of the possibility of such damages. In this section on limitations of liability, reference to “CAP/NI” means Canadian Arctic Producers, Northern Images, Arctic Co-operatives Limited and its subsidiaries, affiliates and their respective officers, directors, employees, contractors and agents. Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This section on limitations of liability shall apply to you to the maximum extent permitted by applicable laws.
These Terms of Sale will be governed by the laws of the province of Manitoba and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with CAP/NI or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Manitoba unless required otherwise by applicable laws of your province of residence.
You may contact CAP/NI at:
Arctic Co-operatives Limited
1645 Inkster Boulevard
Winnipeg, Manitoba R2X 2W7
By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for their use of this Site, including all financial charges and legal liability that they may incur.