TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of Thebestshop.ca is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). By using Thebestshop.ca, you signify your acceptance of these Terms and Conditions.

The Best Shop CA Inc. (“The Best Shop”) may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Thebestshop.ca web site. Your continued use of the Thebestshop.ca web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The Thebestshop.ca web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of The Best Shop, and/or its various subsidiaries, affiliates, The Best Shop Associate Dealers, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on Thebestshop.ca may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of The Best Shop and/or the applicable Third Parties.

The Best Shop, Thebestshop.ca, and all other The Best Shop related trademarks and design marks displayed on Thebestshop.ca (collectively, the “Trademarks”) are registered and common law trademarks of The Best Shop. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on Thebestshop.ca should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of The Best Shop or such other party that may own the applicable trademarks.

Use of Site

Neither the Thebestshop.ca web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of The Best Shop, except that you may download, display and print the content presented on Thebestshop.ca for your personal, non-commercial use only. Unauthorized use of Thebestshop.ca and/or the content contained on Thebestshop.ca may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

The Thebestshop.ca website is not intended for use by children under the age of 13. Use of the Thebestshop.ca website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to The Best Shop and without any liability whatsoever, The Best Shop at any time and without notice may terminate or restrict your access to any component of Thebestshop.ca.

User Name and Password

Your Thebestshop.ca website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized The Best Shop representative. The Best Shop recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of The Best Shop, and may be cancelled or suspended at any time by The Best Shop without any notice or liability to you or any other person. The Best Shop is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify The Best Shop of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Ratings and Reviews

The Best Shop enables visitors to Thebestshop.ca to provide The Best Shop with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant The Best Shop a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant The Best Shop the right to use the name you submit with the Customer Content, if any, in connection with The Best Shop’s rights hereunder.

Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in the Terms and Conditions.

Pricing Policy

The Best Shop has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across the country, items may be available online at the sale price before they are available in store. Dealers are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. The Best Shop Associate Dealers may sell for less. Additionally, although great care is taken in the production of the Thebestshop.ca web site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.

All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.

For Gift Card purchases, prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges. Please see The Best Shop’s Shipping Policy for shipping and handling of Gift Card purchases.

The e-FLYER/Email and Thebestshop.ca each offer limited-time sales values, special buys and items at The Best Shop’s everyday low price. Regular prices shown are the prices at which the products have been sold by The Best Shop as of the date of issuance indicated. A correctly completed Review and Submit page delivered by you to The Best Shop constitutes your offer to purchase gift cards listed in your order. Your order shall be deemed to be accepted only at the point when The Best Shop sends a shipping confirmation email to the email address you provided. If you would like to change your order, call Customer Service at +1(905)-604-0226. Please have your order number ready when you place your call.

All advertisements on the Thebestshop.ca website are merely invitations for you to purchase goods or services from a The Best Shop Associate Store, and are not offers to sell by The Best Shop.

The Best Shop reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if The Best Shop believes that customer conduct violates applicable law or is harmful to the interests of The Best Shop or any Third Parties.

All sizes quoted are approximate. Some items shown may require assembly.

Online Orders & Cancellation

The Best Shop provides a ship to home service for selected products in a limited geographical area. Eligibility is dependent on the location entered when selecting a “home store” location on the Thebestshop.ca website.

Shipping and Handling

For customers in areas eligible to take advantage of the ship to home service, the option to ship to home will be made available on the product detail page; your postal code will be verified to ensure your address is within the geographical area eligible for the ship to home service. Not all products may be eligible for the ship to home service.

Shipping fees are calculated based on your shipping location as well as the size and weight of the item(s).

Generally speaking, The Best Shop might charge shipping based on the geographical location of the order being delivered to, the service level that client choose, and the total dollar amount of the order before taxes and shipping.

For the province of ON、QC
Shipping Fees	For orders under $99	For order above $99
Regular Parcel	$9.99	Free
Expedited	$19.99	$19.99
	(Total weight under 33lbs)
For the rest of Canada
Shipping Fees	For orders under $99	For order above $99
Regular Parcel	$11.99	Free
Expedited	$24.99	$24.99
	(Total weight under 33lbs)

All levels of shipping service are provided by Canada Post or UPS Canada. The expected shipping time to the most of Canada is:

• Regular Shipping Service generally has a 5~8 business days shipping time;
• Expedited Shipping Service generally has 3~5 business days shipping time.

Delay might occur during terrible weather conditions or expedited incidents such as flood, earth quake, or War. Delay might also occur during, but lot limit to, busy shopping season such as black Friday or boxing days. The Best Shop is not guaranteeing all the goods to be delivered on time, but will spend the best effort to fulfill shipment within 1 to 2 business days.

For bulk items that are available in the same geographical location, there is a flat delivery fee of $99. Items are considered bulk if; weight is greater than 33lb and/or length greater than 120”.

Orders that contain both a bulk and non-bulk item, only the bulk item delivery fee will apply. Appointment required for bulk item delivery. The delivery service will make two attempts to deliver the product based on set appointments.

If both delivery attempts fail, the item will be returned to the store and the customer will be reimbursed for the cost of the item only and will forfeit the shipping/delivery fees.

Returns

For items that have been delivered and are being returned, the portion of the shipping cost applicable to the item(s) being returned will not be refunded.

Liability Disclaimer

Except as explicitly provided in these Terms and Conditions as amended from time to time, The Best Shop and the Third Parties make no representations or warranties of any kind, express or implied, regarding Thebestshop.ca and/or any content provided on Thebestshop.ca, all of which are provided on an “as is” and “as available” basis. The Best Shop and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Thebestshop.ca, or any of the content or data found on Thebestshop.ca, and expressly disclaim all warranties and conditions in respect of Thebestshop.ca, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

The Best Shop and the Third Parties are 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.

The Best Shop and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on Thebestshop.ca or your downloading of any materials, data, text, images, video or audio from Thebestshop.ca.

In no event shall The Best Shop or any of the Third Parties 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 Thebestshop.ca or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of Thebestshop.ca for purchases) even if advised of the possibility of damages.

Maximum Liability

If, notwithstanding the foregoing, The Best Shop or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Thebestshop.ca or its content, the liability of The Best Shop and the Third Parties shall in no event exceed in the aggregate $250 CAD.

Indemnification

You shall indemnify and save harmless The Best Shop and the Third Parties and their respective 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 Thebestshop.ca.

Governing Laws

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 Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of Thebestshop.ca and these Terms and Conditions.

Additional Terms

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on Thebestshop.ca.

English Language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.