Home Hardware Stores Limited (hereinafter referred to as “us”, “we” or the “HHSL”) welcomes you (the "User", “you” or “your”) to the Home Hardware.ca eCommerce website (the “Site”).
You hereby acknowledge and agree that HHSL reserves the right, in its sole discretion, at any time to modify or discontinue the whole, or any part of, the Site or the Services, and/or discontinue any goods or services offered thereon, without notice or liability to you, and that neither HHSL, Shopatron, or the Dealers will be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2. Registration and Account Security
Before you make a purchase on the Site, you must register for an account. When registering to use the Site and/or any of the Services, you agree to provide complete and accurate information and to update such information as it changes. It is your responsibility to keep any password provided to you or otherwise associated with your account confidential. In the event that your password is used without your consent, you discover any other breach of security, then you agree to notify HHSL's administrator immediately at firstname.lastname@example.org.
In order to complete a purchase, you may be required to provide certain additional information that is required to process your purchase. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment. Please note that HHSL and the Dealers do not receive your complete payment information, such as your full credit card number, when you make a purchase. Your payment information is collected and processed to fulfill your purchase by our trusted service provider Shopatron.
You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Site; and (c) all activities that occur under such password(s) or account(s). Neither HHSL, Shopatron, nor the Dealers will be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
The prices shown when you are browsing the Site do not include taxes. While every effort is made to maintain prices shown, we reserve the right to adjust prices when necessary and also to substitute or discontinue any item which may become unavailable.
Prices shown are determined by the geographical area in which the store is located and are based on the delivery costs of the Dealer. In northern and remote areas, there may be an additional charge to cover freight. Pricing at stores may vary slightly based on store location and market conditions. The price is accurate on the date displayed but may be subject to change without notice.
The total price of your purchase, including the applicable tax and any other charges (eco fees) will be displayed to you prior to you confirming your purchase
Note: The PRICE MATCH PROMI$E is available at in-store locations only, and is not available on this Site.
4. Making a Purchase through the Site
You may only make purchases via the Site if, and you hereby represent and warrant that you are, domiciled in Canada and you are over the age of legal majority in the province/territory where you reside. When you make a purchase, your purchase agreement is directly with the Dealer you had selected. You may update your preferred Dealer each time you visit the Site. Neither HHSL, (except in some cases where the Dealer is corporately owned), nor Shopatron, are a party to your purchase agreement with the Dealer. By making a purchase on this Site, you agree to pay in full the prices and any applicable taxes and specified shipping and handling fees either by credit card or other permitted payment method. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards accepted on the Site at any time. If payment for a purchase that you make on this Site is not received , you agree to pay all amounts due upon demand or your purchase may be cancelled. When you confirm a purchase on the Site the payment for the purchase amount will be pre-authorized on your credit card or other permitted method of payment when the order is placed. Payment is processed 5 days after your order is placed, or when you pick up your order at the applicable Dealer, whichever occurs first. Unless otherwise indicated, all dollar amounts on the Site are in Canadian Dollars. You will be responsible for all applicable taxes related to your purchase. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging charges. Taxes may depend on delivery location.
To the maximum extent permitted by the applicable law, we reserve the right at any time, and including without limitation after receipt of your order, to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. HHSL or a Dealer reserves the right, at its sole discretion, to limit the quantity of items purchased and/or to prohibit purchases for resale. In the event that a product is listed at an incorrect price, or there is another error in the product description, we shall have the right to refuse or cancel orders placed for the product listed in error, regardless of whether the order has been confirmed and/or your credit card (or other permitted payment method) charged. If you have already been charged for the purchase and your order is cancelled, you will be issued a credit to your credit card account (or refund your other permitted method) in the amount of the incorrect price.
The estimated delivery time will be specified in your purchase. Purchases will be delivered to the Dealer you specify prior to your purchase, and will not be delivered directly to any User or outside of Canada. After your purchase has been delivered to the Dealer, you will receive an email or telephone notification informing you of (among other things) the Dealer's location and contact information, and the number of days you have to pick up your purchase (“Pick Up Window”). The Pick Up Window will be thirty (30) days from the date of the notification that your item is available for pick up. If you do not pick up your order within the Pick Up Window, your order may be cancelled. If your order is cancelled, you will receive a full refund of any amounts paid, less any restocking fee disclosed at the time of your purchase.
The Dealer will gladly accept any unused regularly stocked merchandise for refund or exchange within 30 days of purchase. Simply return the complete product to the Dealer in its clean original packaging accompanied by the original bill of sale. All merchandise is subject to the manufacturer's warranty & will be repaired or replaced as per the manufacturer's directions.
While every precaution is taken to ensure that items on the Site are described accurately, we reserve the right to correct any errors which might occur. Please check with your Dealer for current information.
8. Every Item is Guaranteed
Each item on this website is guaranteed by manufacturer in accordance with the terms of any specific manufacturer's warranty (if any). Retain all written warranties in case of future adjustment. Many of the products on this Site are covered by the One Year Warranty Exchange program. If a qualifying product proves defective within one year of purchase, your Dealer will replace it with a new one. See your Dealer for full details of the Warranty Exchange program.
9. Beauti-Tone's Home Owner's Guarantee
If you are not satisfied with the performance of this product and providing you have followed the label and lid instructions, return the unused portion with proof of purchase for full refund or replacement of product. This guarantee does not include the cost of labour in the application of any paint, stain or clear coat.
10. User Conduct
HHSL expects that you will access and use the Site and the Services in a respectful and responsible manner in accordance with applicable laws.
- You hereby agree, represent, and warrant that you shall not (nor permit anyone under your password to) use the Site or the Services to:
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site; HHSL's computer systems, servers or networks; or the passwords of other users;
- collect information about others without their express written consent;
- upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, e-mail or otherwise transmit any content to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site's infrastructure or limits the functionality of any HHSL's or third party computer hardware, software, networks, or hardware or telecommunications equipment;
- interfere with or disrupt the Site or servers or networks connected to the Site or any Services made available through the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other Services contained in the Site;
- use bots or other automated methods to access the Site or the Services, add or download contacts, send or redirect messages, or perform other activities the Site, unless explicitly permitted by HHSL;
- access, via automated or manual means or processes, the Site or the Services for purposes of monitoring the Site' or the Service's availability, performance or functionality for any competitive purpose;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site or the Services;
- attempt to or actually access the Site or the Services by any means other than through the interfaces provided by HHSL;
- attempt to or actually override any security component included in or underlying the Site or the Services;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site and the Services; and
- collect or store personal information about other Users of the Site and the Services.
- Any breach of the above representations, covenants and warranties may result in termination of your use of the Site, and, if appropriate, referral to relevant law enforcement authorities.
11. Intellectual Property Rights (Content)
The Site contains text, graphics, documentation, photos, software, logos, icons and other materials (“Site Content”) furnished by HHSL which is owned by HHSL. The Site also contains text, graphics, documentation, photos, software (including third party apps), logos, icons and other materials (“Third Party Content”) that is owned or provided by persons other than HHSL (“
Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
12. User Waivers and Representations
You hereby acknowledge, agree, warrant and represent as follows: (i) that you shall be responsible for all acts or transactions that occur under your User account; and (ii) that HHSL, Shopatron, and the Dealers cannot (and are not required to) guarantee the accuracy, reliability or completeness of the Services.
15. Indemnification and Release by User
16. Disclaimers and Limitation of Liability
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE, THE SERVICES, THE CONTENT AND ALL INFORMATION PROVIDED BY HHSL, SHOPATRON, OR THE DEALERS AND CONTAINED ON OR ACCESSED FROM THE SITE OR THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HHSL, SHOPATRON, OR THE DEALERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE SITE, THE SERVICES OR THE CONTENT OR THEIR USEFULNESS FOR YOUR PURPOSES. FOR GREATER CLARITY, HHSL, SHOPATRON, AND THE DEALERS DO NOT REPRESENT OR WARRANT THAT (I) THE SITE AND THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SERVICES AND CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (III) ANY DEFECTS IN THE SERVICES OR THE CONTENT WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE USE OF THE CONTENT, THE SERVICES AND THE SITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (V) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE CONTENT OR THE SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; OR (VI) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. THE CONTENT, SITE AND THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HHSL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH DEALERS (AS DEFINED ABOVE). ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. HHSL (EXCEPT IN THE CASE OF HHSL CORPORATELY OWNED STORE) IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE, THE SERVICES OR THE CONTENT (INCLUDING THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, THE SERVICES OR THE CONTENT), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE RELEASEES, THEIR EMPLOYEES OR REPRESENTATIVES, AND NOTWITHSTANDING THAT RELEASEES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. FOR GREATER CLARITY, THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY PERSON FOR ANY DAMAGES WHATSOEVER, ARISING FROM (I) YOUR USE OR INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT OBTAINED THROUGH THE SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT, THE SERVICES OR THE SITE VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE, THE SERVICES OR THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (IV) ANY DAMAGES ARISING FROM COMMUNICATIONS OR TRANSACTIONS WITH OTHER USERS OF THE SITE, WHETHER THROUGH GROUP DISCUSSION OR OTHERWISE, OR (V) ANY OTHER MATTERS RELATING TO THIS SITE, ANY SERVICES OR THE CONTENT, BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT THE RELEASEES HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE THAT HHSL HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE, THE SERVICES AND THE CONTENT AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HHSL. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
17. Electronic Transmissions
The transmission of data or information over the Internet or other forms of networks is not secure, and is subject to possible loss, interception or alteration while in transit. HHSL, Shopatron, and the Dealers do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet or otherwise within the Site or the Services, such as transmissions involving the use of your password for the Site or the Services or the exchange of electronic messages of any kind (including those which may contain your personal information).
Home Hardware, Home Building Centre, and Home Hardware Building Centre, and other identifying marks of HHSL are and shall remain the trade-marks and trade names and exclusive property of HHSL, and any use of such identifying marks without our prior written consent is strictly prohibited. Shopatron and other identifying marks of Shopatron are and shall remain the trade-marks and trade names and exclusive property of Shopatron or it licensors, and any use of such identifying marks without Shopatron' prior written consent is strictly prohibited. Other trade-marks that may appear on the Site are the property of their respective owners.
19. Governing Law and Jurisdiction
This Agreement, including any other legal agreements or policy of HHSL linked to this Agreement constitutes the entire agreement between HHSL and you pertaining to your use of the Site, the Services or the Content and supersedes any prior agreements between you and HHSL relating thereto.
HHSL and Site Users are independent of each other, and no agency, partnership, joint venture or employer-employee relationship is intended or created by this Agreement.