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.
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.
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、BC、QC
|Shipping Fees||For orders under $99||For order above $99|
|(Total weight under 33lbs)|
|For the rest of Canada|
|Shipping Fees||For orders under $99||For order above $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;
- Express Shipping Service generally has 1~3 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.
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.
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.
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.
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.
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 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.
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.
Effective date: June 29, 2018
The Best Shop CA Inc. (“us”, “we”, or “our”) operates the www.thebestshop.ca website (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the www.thebestshop.ca website operated by The Best Shop CA Inc.
- Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
- Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
- Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
The Best Shop CA Inc. uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
The Best Shop CA Inc. may process your Personal Data because:
We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
The Best Shop CA Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, The Best Shop CA Inc. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Best Shop CA Inc. may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of The Best Shop CA Inc.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Best Shop CA Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where The Best Shop CA Inc. relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
- Google AdWords
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: [email protected]
- By phone number: 905-604-0226