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Website Terms and Conditions Of Use

Last update: October 06 2017

Welcome to the website of the Canadian Optical Supply Co Ltd ("COS"). Here are the terms and conditions of use for this website:

By accessing or using this website, you acknowledge that you are subject to the following terms and conditions governing this site (hereafter the "Conditions"). You also declare to have read, understood and accepted these Conditions. These Conditions aim to eliminate any ambiguity or misunderstanding concerning the use of this website.

COS reserves the right to modify these Conditions at any time at its sole discretion. The date of the last update is always indicated at the top right of these Conditions. In the event that major modifications are made to these Conditions, COS will display a notice in a pop-up window in your client account or on the homepage. When you use COS's website, you accept that the content of the site will be updated regularly. The following Conditions apply to all updates. If you continue to use this site subsequent to the date of the updates, you will be considered to have accepted the updated version of the Conditions.

As a client, you may now place your orders for products displayed on this website either directly on this transactional website through your Client Account, by phone or through our representative.

Therefore, it is very important to take the time to read these Conditions carefully, as they concern your rights and obligations and include limitations and exclusions of COS's liability.

Thank you for taking the time to read these Conditions.

Your client account is activated upon your initial visit to the website. You will be asked to choose a password and to confirm the email address associated with your account. You acknowledge that you are responsible at all times for maintaining the confidentiality of the password you choose or that is assigned to you following activation of your client account. Any activity that takes place on your client account is your sole responsibility. In the event of unauthorized use of your client account, you must immediately inform COS by calling our customer service number: [1-800-363-2341]. Under no circumstances will COS be held responsible for losses or damages resulting from such unauthorized use.

Definitions. When the following words and expressions appear in the TCS or in any related documentation (invoices, etc.), they will be interpreted, unless implicitly or explicitly stated otherwise in the text, according to the definitions assigned to them below:

Delayed Delivery Notice: refers to the notice sent by COS at the time of the Order Confirmation in the event a product is not available.

Order Confirmation: refers to the confirmation sent by COS when the order is accepted by COS and sent by email to the address you indicated in our system. Please note that the amounts appearing in the Order Confirmation may be different from those that appear on your invoice.

Client Account: refers to your account as a client of COS, as well as the space assigned to you and made accessible by your username and password on this website.

Account Status: refers to the compilation of amounts owed to COS by you based on transactions carried out (applicable purchases and credits) on your Client Account.

Account Statement: refers to the monthly report of all transactions carried out on your Client Account during the previous month, which is sent by COS to the mailing address indicated when you opened your Client Account.

Availability of products. Orders made on this transactional website are subject to acceptance by COS and to availability of the products in stock. Accepted orders and products that are in stock are usually shipped the same day, unless the order is made after business hours or in case of civic or religious holidays. If the product is out of stock, delivery may be delayed. In the event that the product you ordered is out of stock, at the time of the Order Confirmation, you will receive a Delayed Delivery Notice. COS shall not be held responsible for noncompliance with the delivery times stated on the Order Confirmation, since these times are only based on an estimate. If your order is accepted, COS will issue an Order Confirmation which will be sent to you by email.

Description and images. The product description and the images on this website are for informational purposes only. COS is not responsible for incorrect information or the colour of the products, which might be different from the rendering of the images shown on this website.

Price and payment terms. The prices shown on this transactional website are the prices without discount, in Canadian dollars, before tax. The payment terms are thirty (30) days following the receipt of the invoice and are indicated on each invoice. The accepted payment methods are Visa and MasterCard, bank transfer, or cash payment. American Express is not accepted as a payment method. Debit cards are also not accepted. You will receive your Account Statement by mail each month. All deliveries are provided free of charge by COS. You become the owner of the products at the time of their full payment.

Delivery time. COS reserves the right to modify the delivery conditions according to your Account Status and the credit granted to you. Delivery times depend on your location. Unless otherwise agreed in writing, your order will be delivered to the address identified under delivery address in your order. You are fully responsible for the choice of delivery address and for the security of products delivered to these premises. You assume responsibility for the risk associated with the loss or breakage of products at the time of delivery to the address indicated in the order. If no signature or other proof of receipt is required by the carrier, all orders reported as executed by the carrier will be considered received by you. COS shall not be held responsible for any damages resulting from out of stock items or a delay in delivery attributable to the carrier. Please see paragraph 2 of these TCS for more information about delayed delivery. Finally, you shall not refuse a delivery or a part of a delivery under the pretext that the delivery is not a complete delivery of the order placed.

Change or cancellation of the order. Any change or cancellation must be made as soon as possible, or at most a few days after the order. COS reserves the right to refuse any change or cancellation requested within a time frame that it deems unreasonable. No refund shall be made on changed or cancelled orders. Only a credit will be applied and it will appear on your Account Statement.

Warranties. The products provided by COS are new and are subject to the warranty of each respective manufacturer and subject to normal use. These warranties are the only warranties offered and may vary from one manufacturer to another. You waive all other express, implied or statutory warranties in favour of COS.

Product return. In the event that a part of the product is defective or the product does not match that which was ordered, COS undertakes to exchange it or to credit your Client Account and this credit will appear on your Account Statement, provided that the purchase was made less than two (2) years prior, except for products purchased on sale or at a discount, which may be returned provided that the purchase was made less than one (1) year ago. In the event that the products do not match the order, only products returned in their packaging and in their original condition will be accepted for return; otherwise they will be billed. For defective part(s), you must return only the defective part(s) by registered mail, at your own expense, to the COS customer service department at the following address:

Canadian Optical Supply Co. Ltd. COS c/o: Customer Service/Merchandise Return 8360, rue Mayrand, Montréal (Québec) H4P 2C9

Security. This transactional website is secured and the information in your Client Account and the transactions are protected by SSL encryption up to 256 bits.

Applicable law and jurisdiction. Your use of this website is governed by the provisions of the Civil Code of Québec and the laws of Canada. You acknowledge and accept that any legal proceedings that may be instituted concerning transactions on your Client Account or the interpretation, application, fulfilment, entry into force, validity and effects of these TCS must be brought before the Montréal judicial district in Québec, Canada.

Taxes. Prices do not include applicable taxes. For the purposes of application of taxes, you declare to be a Canadian resident and confirm that the address indicated when you opened your Client Account is the address of your principal place of business.

Entire agreement. These TCS represent the entire agreement between the parties concerning the purchase of products on this website. No statement, representation, promise or condition not contained in these TCS may or shall be allowed to contradict, modify or affect in anyway whatsoever the terms of these TCS. The possible illegality or invalidity of an article, paragraph or provision of these TCS may in no way affect the legality of the other articles, paragraphs or provisions of this agreement, or the rest of that article, paragraph or provision, unless the contrary intention is evident in the text.

Property and Content 

COS guarantees the accuracy and the integrity of the information at the exact moment it appears on the website while you are visiting the website. Be advised that all information on the website is subject to change without notice. This website does not permit transactions at this time, even if prices are shown. All orders must be placed as usual, with an agent, through the customer service phone line or by fax. All prices shown on the website are in Canadian dollars and do not include tax. Delivery is included. These prices may be changed at any time, but these changes will not apply to orders already placed. The content accessible on the website is the property of COS or its licensors. The Conditions of this website do not allow you to copy, redistribute, circulate, reproduce or communicate to the public the content of this website nor the information appearing in your client account. All text, images, photographs, trade marks, product information, audio or video clips, readouts, etc. (the Contents) on this website are protected by Canadian and foreign intellectual property laws, specifically under copyright laws. It is prohibited to make hyperlinks to this website without the prior written consent of COS.

The use of this website does not confer to you any right, title or other licence to the Content. All trade marks, including all signs, words, titles, slogans, logos, designs, graphics, icons or other distinctive elements used or displayed on the website are registered or unregistered trade marks of COS or its business partners ("Trade Marks"). It is strictly prohibited to use or reproduce the Trade Marks appearing on the site without the prior written consent of their owner.

Acceptable Use and Restrictions

You agree to use this website and your client account for purposes authorized by the law. It is prohibited to access or attempt to access client accounts of other users of the website. You shall not program any virus, worm or any other content that may be injurious, disruptive or otherwise harmful to other users or to the proper functioning of this website. The use of Internet bots, specifically webbots, for any purpose involving this website is prohibited.

Links to Third Party Sites

For your convenience, the COS website contains links to sites operated by third parties to provide you with information, products and services. These third-party sites have their own terms and conditions of use and privacy policies that are not the same as those of COS. Your use of these third-party sites will be governed by their terms and conditions and their privacy policy. Although COS makes a reasonable effort to ensure the quality of links to these third-party sites, COS has no responsibility concerning the verification of the validity of the content of these third-party sites. COS is not responsible for the features or the application of the terms and conditions of use of these third-party sites or for any transaction that you may conduct with these third-party sites. In addition, COS does not make any recommendation of any specific product or service that may be offered or to which access may be provided by these third-party sites. Making these links available in no way constitutes an endorsement or approval of the content of third-party sites by COS. You also acknowledge that these third-party sites may contain products, services, contents, injurious elements or other material that are inaccurate, inappropriate, offensive or even illegal. If you access a third-party site, you do so at your own risk.

Breach of Conditions

COS reserves the right to refuse access to or close, at any time and without notice, any client account that does not respect the Conditions stated here. These Conditions are reasonable and are not created to prevent use of the site by a specific user without reasonable cause. We want to ensure that this website and your actions cannot prejudice other users or harm their ability to use the website or compromise the values promoted by COS.

Confidentiality and Data Protection

Information regarding your client account, including your identifying information will be collected, saved and hosted in a secure database. COS does not disclose or sell any information that it possesses to third-parties. COS respects all laws regarding the protection of personal information.

This website automatically recognizes and collects information that is not considered to be personal information, such as your IP address and the email address you use as your identification. COS uses this information to better understand your browsing habits on this website in order to improve its features. Your computer will automatically supply COS with this information each time you connect to your client account, unless you change your settings on your Internet browser. When you consult the website, COS may use cookies to collect certain information about your computer and help COS personalize your user experience in order to better respond to your interests and preferences or facilitate your access to the website. Under no circumstances are the cookies intended to exploit your personal identifying information.

This site uses the web analytics services Google Analytics and Woopra. These services use cookies, which are text files stored on the user's computer, to help COS to analyze your use of this website. Information generated by the cookie regarding the user's use of the site (including your IP address) will be transmitted to each of these services and stored by them on servers located in the United States. Google and Woopra will use this information for the purpose of evaluating your use of this website, compiling Internet site activity reports for operators and supplying other services related to Internet site activity and Internet use. Google and Woopra may also transfer this information to third parties if required to do so by law, or if these third parties process information on behalf of Google and Woopra. Google and Woopra will not associate your IP address with other information held by Google or by Woopra. You can decline use of cookies by choosing the appropriate options in you Internet browser. By using this website, you accept the handling of this data by web analytics services for the purposes stated previously and those stated below.

No Warranty

COS makes an effort to ensure the accuracy of information displayed on the website and to provide you with the best possible experience, but this website is provided to you "as is" and "according to availability." COS makes no representation and expressly denies all representations, warranties or conditions, whether explicit or implicit, regarding the operation, interrupted use, quality or appropriateness for a particular use of this website or regarding any Content that is accessible through the website. Under no circumstances will COS be held responsible for direct, indirect or special damages or any direct or indirect losses, including any loss of profits, traffic or opportunity attributable to the use or unavailability of the Contents or of the website. These limitations apply regardless of whether COS has been advised of the possibility of such damages. You acknowledge that neither COS nor the affiliate companies in its group, nor its licensors, nor its administrators, directors, employees or other actors may be held responsible for damages resulting from the use of this website, the modification of the published Contents or the published Contents itself. In addition, COS declines all responsibility for the actions, omissions or conduct of any third-party user of the website or of any third-party website. None of the provisions above may have as an affect to exclude or limit the liability of COS in the event of fraud, death or bodily injury caused by COS's negligence.

Security

COS makes a reasonable effort to ensure continuous access to this website. However, certain technical difficulties or website updates may occasionally cause temporary interruptions. We apologize for any inconvenience that this causes you. COS will under no circumstances be held responsible for any damages resulting from the interruption or blocking of access to this website. COS has put in place security measures to protect any unwanted access by third-parties to client accounts. These security measures are not infallible and it is possible that individuals with malicious intent may be capable of bypassing the security measures put in place by COS. COS will not under any circumstances be held responsible for any damages caused due to website security breaches. If you are ever witness to a security breach, do no hesitate to inform us by calling our customer service number: [1-800-363-2341].

If you are unhappy with the content or the features of this website, your only option is to stop using it.

Laws and Forum

Your use of this website is governed by the laws of the province of Quebec and the laws of Canada. You acknowledge and accept that any legal proceedings that may be instituted concerning this website must be brought before the Montreal judicial district in Quebec, Canada.

Contact Us

COS would like to know your opinion and is interested in hearing what we can do to improve your experience using this website. COS invites you to write to us at the following address: [sales@canadianoptical.com]. At all times, COS reserves the right to use all opinions, comments, ideas or suggestions submitted to COS by you or by other sources, whether they are similar or contradictory. You acknowledge that you do not have any right to compensation nor any moral rights regarding COS's use of any idea, suggestion, comment or opinion.

It is possible that you may have questions after having read these Conditions and COS is happy to respond to your questions. Please send us your questions by email to the following address: [sales@canadianoptical.com]. COS will make a reasonable effort to reply to all your requests within a reasonable time, but COS makes no warranty that it will be able to respond to your requests in a satisfactory or complete manner.

If you ever have a problem with the products displayed on the website or with the Contents of this website, COS invites you to write to the following address [sales@canadianoptical.com]. COS will happily respond to your enquiry and try to resolve your problem.

These conditions, as well as our Privacy Policy, comprise the entirety of the agreement between you and COS as concerns this site. You may not assign your rights and obligations contained herein. No delay in disclosure by COS regarding the breach of an obligation contained herein shall be considered a waiver of its rights and remedies.

If you ever have a problem you wish to bring to our attention regarding the products displayed on the website or with the contents of this website, you may send your queries to the following address: sales@canadianoptical.com. COS shall reply to your enquiry and try to resolve your problem.

You shall not assign your rights and obligations contained herein. No delay in disclosure by COS regarding the breach of an obligation contained herein shall be considered a waiver of its rights and remedies.

Thank you for reading the Terms and Conditions of Use and enjoy your visit!

Canadian Optical Supply Co Ltd COS 8360, rue Mayrand, Montréal (Québec) H4P 2C9 1-800-363-2341 514-737-6777

© 2017 COS. All rights reserved.