VALENTE* TERMS AND CONDITIONS – CANADA
PARTY" means 9164-1076 Quebec Inc., whose registered office is at 442 St
Gabriel, Suite OO1-B, Montreal, Quebec, Canada, H2Y 2Z9
PARTY" means the person who purchases Goods from the SELLING PARTY.
means containing a fault or defect, imperfect or defective, and
"Fault" has a corresponding meaning.
means the goods or services which the SELLING PARTY sells to the
means the PURCHASING PARTY's
offer to purchase Goods from the SELLING PARTY, as submitted by the
PARTY to the SELLING PARTY via the Order page on the Website.
Confirmation" means the SELLING PARTY's written confirmation that it
sell Goods to the PURCHASING PARTY in accordance with an Order from the
Price" means the price to be paid by the PURCHASING PARTY for the
as set out in the Order Confirmation, and any applicable sales, use,
goods and services / harmonized and other taxes, freight, shipping and handling.>
Event" means the time period which begins at such time and date determined by the SELLING
PARTY where the SELLING
PARTY advertises a particular Good on
Website or otherwise and is accepting Orders for such Good, and ending
time and date determined by the SELLING PARTY where the SELLING PARTY
accepting Orders for such Good.
Conditions" are any terms
and conditions imposing additional restrictions, obligations and/or
on any Orders that are set out in the Order Confirmation.
and Conditions" means these terms and conditions of sale, the Order
Confirmation, including any Special Conditions and any policy referred
means saveandread.com and
all pages on the website.
Basis of Sale
1.To submit an Order, the PURCHASING PARTY must register for an account
By submitting an Order, the PURCHASING PARTY is bound by these Terms
3. These Terms and Conditions and any document referenced herein form
entire agreement between the parties for the Ordering and the purchase
of Goods. The parties expressly exclude any other terms, including any
and conditions which the PURCHASING PARTY may purport to add to any
other document. To the extent that any provision in PURCHASING PARTY's
other document purports to supplement, amend or delete any provision in
Terms and Conditions, such provisions shall be deemed to be void,
are not binding on the SELLING PARTY.
4. Any variation of these Terms and Conditions by the PURCHASING PARTY
only bind the SELLING PARTY if agreed in writing between authorized
representatives of the SELLING PARTY and the PURCHASING PARTY and
provided that such writing specifically references this Section of
5. The SELLING PARTY's employees are not authorized to make any
representations, warranties or conditions concerning the Goods unless
by the SELLING PARTY in writing. The PURCHASING PARTY acknowledges that
not rely on representations concerning the Goods which are not
3. Orders and Acceptance
1.PURCHASING PARTY may submit an Order to SELLING PARTY during a Sales
PARTY has the sole discretion to determine the beginning, duration and
all Sales Events. SELLING PARTY may terminate a Sales Event at any
time, in its
All Orders are subject to acceptance
by the SELLING PARTY, evidenced as the SELLING PARTY issuing an Order
Confirmation. The PURCHASING PARTY's Order constitutes an offer to
Goods at the Purchase Price in accordance with these Terms and
is not binding on the SELLING PARTY unless and until the SELLING PARTY
issued an Order Confirmation. The PURCHASING PARTY may cancel an Order,
an Order Confirmation has been received, prior to the end of the Sales
The PURCHASING PARTY cannot cancel an Order for any reason after the
end of the
3. The SELLING PARTY reserves the right to reject the PURCHASING
in whole or in part without any liability to the PURCHASING PARTY, for
reason or for no reason, as determined by the SELLING PARTY in its
including if the Goods are unavailable due to unforeseen circumstances
(including Orders exceeding reasonably anticipated demand), or are in
condition at the expected time of shipment.
4. The SELLING PARTY may reject or cancel an Order for which an Order
Confirmation has been issued for the following reasons:
advertised price and/or Purchase Price on the Website, the Order and/or
Order Confirmation is incorrect due to a typographical error, failure to update, or
received by the SELLING PARTY from any
person, including the PURCHASING
PARTY or for any other reason;
2.Orders received by the SELLING PARTY for a particular Good exceed the
PARTY's reasonably anticipated demand;
3.The description of the Goods on the Website, the Order and/or the
Confirmation is incorrect due to a typographical error, failure to
inaccurate information received by the SELLING PARTY from any person or
other reason. All content on the Website, including any descriptions,
specifications, drawings or prices of the Goods, is published for
only. The PURCHASING PARTY acknowledges that such information is
the SELLING PARTY by third party manufacturers and that the SELLING
not liable for mistakes in such information. SELLING PARTY's sole
such event is to return the Goods in accordance with the return
5. In the event of a rejection or cancellation as set out in Sections
3.4, the SELLING PARTY has no liability or obligation to the PURCHASING
whatsoever, including any obligation to source an alternate supplier of
Goods, find a
replacement Good, and/or
pay any consideration to the PURCHASING PARTY.
The SELLING PARTY may make minor modifications / substitutions in the
and specification of the Goods at any time without notice to the
PARTY, even if an Order Confirmation has been issued. In the case of
modifications to the Goods, the SELLING PARTY shall notify the
of such material modifications. The PURCHASING PARTY may accept or
Good as modified within 48 hours of the email being sent by the SELLING
If the SELLING PARTY has not received a response from the PURCHASING
within this time period, the SELLING PARTY will refund the Purchase
per the original payment method(s) and cancel the Order, even if an
Confirmation has previously been issued.
4. Advertised Price, Payment, Currency and Shipping
1. All advertised prices shown on the Website are exclusive of
sales, use, excise, goods and services / harmonized and other taxes,
shipping and handling. Any such fees and charges that are charged to or
collected by the SELLING PARTY are added to the advertised price, as
the Order Confirmation and are the responsibility of the PURCHASING
2. If the Goods are shipped to a location outside of Canada and the
States, there may be additional export/import duties, tariffs, charges,
and other fees which are levied on the Goods. The PURCHASING PARTY is
responsible for payment of any such amounts. Please note that the
has no control over these amounts and cannot predict how much they will
Please contact your local customs office for further information before
3. The PURCHASING PARTY will pay the Purchase Price in accordance with
procedures set out in the SELLING PARTY's website.
4. Payment is made by credit card. The SELLING PARTY will charge the
PARTY's credit card immediately upon acceptance of the Order and
the Order Confirmation.
5. The PURCHASING PARTY may redeem any existing credit on the
account towards the price of the Good, but not any applicable sales,
excise, goods and services / harmonized and other taxes, freight,
handling, provided that credits for Goods previously returned by the
PARTY and accepted by the SELLING PARTY may be applied towards the cost
freight, shipping and handling. All credits must be redeemed prior to
PARTY submitting the Order.
6. All prices shown are U.S. dollars, other than for PURCHASING PARTYs
Canada, for whom prices are shown in Canadian funds. PURCHASING PARTYs
Canada will be charged in Canadian funds. All other PURCHASING PARTYs
charged in U.S. dollars. The PURCHASING PARTY is responsible for any
and fluctuations in the exchange rate between U.S. dollars and
local currency and any exchange fees charged by PURCHASING PARTY's
1.The place for delivery of the Goods will be set out on the Order
2. Any dates quoted for delivery of the Goods are estimates only. Time
delivery will not be of the essence and the SELLING PARTY will not be
for any loss or expenses sustained by the PURCHASING PARTY arising from
delay in the delivery of the Goods howsoever caused.
3. In the event that the quantity of Goods delivered is less than the
of Goods as indicated on the accompanying invoice or bill of lading,
PARTY shall accept the Goods delivered, shall note the shortage on the
carrier's bill of lading, if possible, and shall notify the SELLING
the shortage as set out in Section 5.5. For clarity, the PURCHASING
not reject the Goods or any part of them solely on the grounds of short
delivery of an Order. The PURCHASING PARTY shall pay for such delivered
as if it was a delivery of an Order in installments (see Section 5.5).
If the Goods are alleged to be damaged on delivery, a description of
alleged damage or Fault must be given in writing to the carrier at the
delivery, if the alleged damage or Fault is obvious upon receipt. The
PARTY must notify the SELLING PARTY of the damage as set out Section
5. The PURCHASING PARTY must notify the SELLING PARTY of any short
Goods damaged in delivery, in writing, within three days of delivery.
If the PURCHASING
PARTY fails to do so within this time, the Goods are deemed to be
good condition and in the quantities set out on the invoice and/or bill
lading. In each case, the notification must include the invoice number,
Confirmation number, delivery note number and details of the claim. In the case of a valid claim
for damaged Goods,
the SELLING PARTY may, in its sole discretion, replace the Goods (or
in question) or refund to the PURCHASING PARTY the Purchase Price (or
appropriate proportion of the Purchase Price) exclusive of
customs duties, tariffs, charges and/or other charges, as per the
PARTY's original method(s) of Purchase. Damaged Goods must be returned
to the SELLING
PARTY. In the case of a short shipment, other than a shipment that has
partially cancelled pursuant to Section 3.4, the SELLING PARTY shall
the outstanding portion of the Order. In either case, the SELLING PARTY
thereafter have no further liability to the PURCHASING PARTY for the
shipment or damaged Goods.
The SELLING PARTY reserves the right to make delivery of the Goods by
without notice to the PURCHASING PARTY.
If the PURCHASING PARTY fails to take delivery of the Goods, the
may pursue any remedy legally available, including either or both of
The SELLING PARTY may store the Goods until actual delivery is effected
charge the PURCHASING PARTY for the cost (including insurance) of
together with any other reasonable incidental costs; and/or
2.sell the Goods at the best price readily obtainable by the SELLING
PARTY and (after
deducting all storage and selling expenses) charge the PURCHASING PARTY
shortfall below the Purchase Price.
The PURCHASING PARTY must advise the SELLING PARTY in advance, in
any requested alteration, cancellation or deferral of delivery, which
PARTY may accept or reject at its discretion. The SELLING PARTY
right to make a charge (which will not normally be less than 20% of the
the Good altered, deferred or cancelled).
Goods may not be returned to the SELLING PARTY except as provided in
7 and 8 below.
Risk and Property
1.Risk of damage to or loss of the Goods will pass to the PURCHASING
delivery at the address set out in the Order Confirmation.
2. In the case where no signature or other proof of receipt is required
carrier (all Orders under $200), all such Orders reported as delivered
carrier shall be deemed to be delivered to and received by the
The SELLING PARTY is not responsible for any lost or stolen Orders; the
PARTY is solely responsible for selecting a secure delivery location.
3. In the case where a signature or other proof of receipt is required
carrier upon delivery (required for all Orders over $200), any
signature on that
document, or other proof of receipt, will
constitute conclusive evidence of delivery of the Order to the
The PURCHASING PARTY shall have the right to return Goods in the
1.for any reason, within thirty (30) days beginning on the day after
PARTY receives the Goods, provided that this 30-day return period does
1.Goods that cannot be accepted for return due to hygienic reasons
(such as, but
not limited to, toiletries, cosmetics and beauty products, lingerie,
leather goods, swimwear, earrings, etc.);
Goods that have been made to the PURCHASING PARTY's specifications or
3. Goods that been assembled or installed by or on behalf of the
PARTY, in whole or in part;
4. Goods that, by their nature cannot be returned, or are liable to
or expire rapidly; and
5. Goods that are sold during "clearance" sales.
2. within ten (10) days of delivery in the case of Faulty Goods (other
damage that is or should have been apparent upon delivery, which is
the three-day notification period set out in Section 5.5). Upon the
PARTY's confirmation that the Good is Faulty, the SELLING PARTY will
Purchase Price as per the original payment method(s). However, this
does not apply
to Goods with a minor fault or defect, as determined by the SELLING
are capable of rectification, and are so rectified by the SELLING PARTY
at the SELLING
PARTY's cost. In the case of a minor fault or defect, the SELLING PARTY
rectify the fault or defect by repair and/or a partial refund (as a BTR
credit), as determined by the SELLING PARTY.
2. Notice of the PURCHASING PARTY's wish to return the Goods must be
accordance with the notice provision in Section 11.2 below. The return
must be postmarked within the return periods noted above.
The PURCHASING PARTY must comply with the return procedure in Section 8
obtain a BTR account credit. Failure to comply with such procedure will
being rejected and returned by the PURCHASING PARTY.
4. All Goods returned by the PURCHASING PARTY to the SELLING PARTY must
original Goods as delivered to the PURCHASING PARTY, in their original,
packaging and must be in an unused condition (except only in the case
which have been discovered to be Faulty).
5.Under no circumstances will the SELLING PARTY accept any returned
if Faulty, that have been tampered with, modified or replaced or
switched with counterfeit
and/or different products, in whole or in part, as determined by the
PARTY in its discretion. In such event, the SELLING PARTY may reject
claim, retain the returned products, notify local law enforcement
the PURCHASING PARTY's jurisdiction and/or pursue civil remedies
against the PURCHASING
6. In the event that any return does not comply with these Terms and
the SELLING PARTY reserves the right to refuse either all or some of
account credit which would otherwise be due in respect of such returned
8. Procedure for Returned Goods
1.All returns must be made pursuant to the Returns Authorization
out on the back of the packing slip.
2. Provided that the PURCHASING PARTY has complied with these Terms and
Conditions with respect to any returned Goods, the SELLING PARTY shall
refund of the Purchase Price exclusive of any import/export or customs
tariffs, charges and/or other charges, subject to subsections 8.3 and
shall be made by the
issuance of a store credit to the PURCHASING PARTY's BTR account, other
for returns of Goods damaged on delivery or Faulty, in which case the
PARTY will refund the Purchase Price as per the original payment
This provision of a BTR account credit is the PURCHASING PARTY's sole
for dissatisfaction with the Goods, including any claim that the Goods
Faulty or counterfeit.
3. In the case of cancellation under Section 7.1.1 above, the
is responsible for the costs of freight, shipping and handling and
return the Goods to the SELLING PARTY. If this is paid by the SELLING
the SELLING PARTY may deduct such amounts from any BTR account credit
the PURCHASING PARTY (or to charge the PURCHASING PARTY, as the case
4.In the case of cancellation under Section 7.1.2 above, the SELLING
shall be responsible for freight, shipping and handling (including
re-delivery charges (if any)) in respect of the Goods, and shall refund
Purchase Price exclusive of any import/export or customs duties,
charges and/or other charges.
The only express warranties that apply to the Goods are those issued by
respective manufacturer, if applicable. Such warranties, if applicable,
exclusive and to the maximum extent permitted by law, the SELLING PARTY
excludes all other warranties, representations, guarantees or
conditions of any
kind, including any statutory, oral, written, express or implied, and
implied warranty of merchantability or fitness for a particular or
10. Limitation of Liability
1.Except as provided in Section 10.2, the SELLING PARTY, its agents,
will not be liable to the PURCHASING PARTY for any indirect,
incidental, special or consequential
loss or damage, any loss of profit,
of opportunity or revenue, or other claims for compensation whatsoever directly or
indirectly arising out
of or in connection with these Terms and Conditions, including any
Order Confirmation, including any
failure or delay in performing any obligation hereunder, and/or including with the sale of
the Goods or their
use by the PURCHASING PARTY. Nothing in this Section 10.1 shall limit
exclude any liability of the SELLING PARTY for death or personal injury
by the SELLING PARTY's negligence.
2.The liability of the SELLING PARTY, its agents, employees,
suppliers with respect to any and all claims arising out of the
non-performance of the SELLING PARTY's
obligations in connection with these Terms
and Conditions, including any Order or Order
Confirmation, including any failure or delay in performing any
hereunder, and/or including
sale of the Goods or their use by the PURCHASING PARTY, whether based on warranty, contract,
liability or otherwise, shall
exceed, in the aggregate, the Purchase Price (excluding applicable sales, use, excise, goods
and services /
harmonized and other taxes, freight,
shipping and handling) for such Goods. Such amount shall be the PURCHASING PARTY's sole
remedy, and the SELLING
PARTY's sole liability for such matters.
This limitation of liability shall prevail over any conflicting or
provision contained in any provision of these Terms and Conditions.
1. Any notice given or made under these Terms and Conditions will be in
and delivered pursuant to Section 11.2 below. 2.A notice will be deemed
been duly given or made as follows:
sent by personal delivery, including a nationally recognized courier (signature required upon
receipt), upon delivery
at the address of the receiving
2.if sent by mail, five clear business days after the date of posting;
3.if sent by email, the first business day after mailing.
foregoing time periods do not apply to emails sent by the SELLING PARTY
to Section 3.6 above, which notices shall be deemed to have been
immediately upon delivery. A "business day" means a day, other than a
Saturday or a Sunday, during which the main branch in downtown Montreal
of the TD
Bank CANADA TRUST is open for business during normal operating hours.
3. For the purpose of these Terms and Conditions, notices will be given
to the SELLING
PARTY at its address set out in Section 1, for the attention of the
Secretary. Notices will be given to the PURCHASING PARTY at the address
the Goods have been delivered.
4. The SELLING PARTY and the PURCHASING PARTY may notify each other of
in their name, relevant addressee and address in accordance with this
This notification will only be effective on:
1.the date specified as the date on which the change is to take place;
2.if no date is specified or the date specified is less than five clear
days after the date on which notice is given, the date falling five
business days after notice of any change has been given.
Governing Law and Jurisdiction
the extent permitted by law and
except if restricted or prohibited by law, these Terms and Conditions
governed by and construed in accordance with the laws of the province
and the federal laws of Canada applicable therein without giving effect
choice of laws provision thereof.
2. The parties expressly exclude the operation of the United Nations
on Contracts for the International Sale of Goods.
These Terms and Conditions apply to the extent permitted by law and
or prohibited by law. The PURCHASING PARTY may have additional rights
in its local
jurisdiction that these Terms and Conditions cannot change. If any term
provision in the agreement is found to be void or unenforceable,
reasons of being against public policy, by a court of competent
jurisdiction, then the offending
provision shall be deemed modified to the extent necessary to make it
enforceable. If the offending provision cannot be so modified
(including if the
court elects not to do so for any reason), then the same shall be
deleted in its entirety, and the remainder of these Terms and
survive with the said offending provision eliminated.
IN THESE TERMS AND CONDITIONS SHALL OPERATE TO DENY OR LIMIT ANY RIGHTS OF, OR THE SELLING
TO, ANY PURCHASING PARTY WHO IS A CONSUMER AS DEFINED PURSUANT ANY
LEGISLATION IN THE PURCHASING PARTY'S LOCAL JURISDICTION,
WHICH RIGHTS SUCH PURCHASING
PARTY MAY HAVE AT LAW. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS AND
AND ANY SUCH RIGHTS, THE LATTER SHALL PREVAIL IN FAVOR OF THE
13. Intellectual Property
1.The Saveandread.com logo, name, and other marks indicated on the
trade-marks and/or registered trade-marks of Practitioners’
Press Inc. in
the Canada, the United States and/or other jurisdictions.
's graphics, logos, page headers,
button icons, scripts and service names are the trade-marks of Practitioners’ Press Inc.
's trade-marks and trade dress may not be used in connection with any
or service that is not Saveandread.com 's, in any manner that is likely
cause confusion among customers or in any manner
that disparages or discredits Saveandread.com
. All other trade- marks not owned by Saveandread.com that
appear on this website are the property
of their respective owners, who may or may not be affiliated with,
to, or sponsored by Saveandread.com .
The PURCHASING PARTY is the end user of goods
PURCHASING PARTY agrees that all purchases are for personal use and
will not be
resold to other persons for any reason whatsoever.
15. Copyright Complaints
1.User acknowledges that Saveandread.com is
a "service provider" under the United
States Digital Millennium Copyright Act
(the "DMCA") and is therefore immune from liability under the DMCA.
Consistent with the DMCA, Saveandread.com may
accommodate standard technical measures
used to identify and protect copyrighted works.
2. saveandread.com respects the intellectual property of others. If you
that your work has been copied in a way that constitutes copyright,
infringement, please provide Saveandread.com 's copyright agent with
following information: ◦An electronic or physical
signature of the
person authorized to act on behalf of the owner of the copyright
◦Description of the copyrighted work that you claim has
infringed; ◦The location of the material that you claim
is located on the
◦Your address, telephone
number, and e-mail address;
◦A statement that your claim of infringement is based on
belief; ◦A statement made under penalty of perjury, that
information you have provided is accurate and that you are the
or authorized to act on the copyright owner's behalf.
No Waiver. If the SELLING PARTY does not exercise a right or power when
it is able
to do so, this will not prevent it from later exercising that right or
When it does exercise a right or power it may do so again in the same
different manner. The SELLING PARTY's rights and remedies are
additional to and
not in derogation of, any other rights and remedies it may have at law.
2. Headings. Condition and section headings are for convenience of
only and shall not affect the interpretation of these Terms and
3. English Language. The parties hereto confirm that it is their wish
Agreement, as well as all other documents relating hereto, including
notices, have been and shall be drawn up in the English language only. Les parties aux
présentes confirment leur volonté que cette convention, de même que
documents, y compris tout avis, qui s'y rattachent, soient
rédigés en langue anglaise.
The PURCHASING PARTY consents to the collection, use and disclosure of
PARTY's personal information by the SELLING PARTY and its third party
and distributors in
accordance with the
/info/privacy, the terms of which are hereby incorporated by reference.
PARTY agrees that the terms of such policy are reasonable.
9164-1076 Quebec Inc. and
its affiliates reserve
the right to send you communications electronically either via email or
site postings. You agree that all notices, agreements, disclosures and
communications that are provided to you electronically satisfy any
that such communications be in writing. Should the user wish to stop
from the SELLING PARTY, he may opt out at any time by clicking on the
link inside any one of our emails.
2012 Practitioners’ Press Inc. – All Rights Reserved