Terms & Conditions
HOSKIN SCIENTIFIC LTD.
You should read these Terms carefully before you purchase a Product or start to use the Site. These Terms significantly alter your legal rights, remedies and obligations. Sections 23 and 24 in particular contain important limitations on and exclusions of our liability to you.
Welcome to the Hoskin Scientific web site! This web site (“Site”) is owned and operated by Hoskin Scientific Ltd., and we provide the Site and sell and supply any products (“Products”) listed in or available through the Site subject to the following terms and conditions (the “Terms”).
Your access and use of the Site, including your purchase of any Products through the Site, constitutes your acceptance of these Terms. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PURCHASE ANY PRODUCTS OR OTHERWISE USE THE SITE.
In these Terms, “Hoskin Scientific” refers to Hoskin Scientific Ltd. and its affiliates and subsidiaries, and “we” or “us” or “our” refer to Hoskin Scientific alone and never refer to the combination of you and Hoskin Scientific.
These terms are divided into two parts. The first part deals with the purchase and delivery of Products; the second part has general terms about the Site and your use of the Site.
1. Our Customers
Our customers may be organizations or business entities or individuals.
If you are buying Products for an organization or business entity, you represent and warrant that you are an authorized representative of that organization or business entity and that you have the authority to legally bind that organization or business entity to these Terms.
If you are an individual buying Products, you represent and warrant that you are legally capable of entering into binding contracts and are the age of majority in your jurisdiction of residence. If you are individual buying products for personal, family or household purposes then consumer protection laws may apply to your purchases of Products.
2. Ordering Products
After you place an order for Products through the Site, we will send you an e-mail acknowledging your order (“Acknowledgement”). This does not mean that we have accepted your order. Your order is an offer to us to buy a Product, and is subject to our acceptance. If we accept your order, we will confirm our acceptance by sending you an email confirming that the Product has been dispatched (“Order Confirmation”).
The contract between you and us regarding the purchase of the Product(s) you order (“Purchase Contract”) will only be formed when we send you the Order Confirmation and will only relate to those Products for which dispatch has been confirmed in the Order Confirmation. We will not be obliged to supply any other Products that may have been part of your order until we confirm the dispatch of those Products in a separate Order Confirmation. You should check all emails carefully, including the Acknowledgement and the Order Confirmation, to ensure that their details are correct.
Your order may not be accepted as a result of one of the following:
(a) the Product that you ordered being unavailable;
(b) our inability to obtain authorisation for your payment;
(c) the identification of a pricing or Product description error;
(d) you not meeting the eligibility criteria set out in, or otherwise being in contravention of, these Terms.
If there are any errors in your order, or if you require further information, please contact us at 604-872-7894.
Under no circumstances will the terms, conditions or provisions of any purchase order, invoice or other administrative document issued by you in connection to any purchase of Products be deemed to modify, alter or expand the rights, duties or obligations of the parties under, or otherwise modify, these Terms, regardless of our failure to object to such terms, provisions, or conditions.
3. Your Right to Cancel an Order
If you are contracting as an individual consumer subject to consumer protection laws, you have the right to cancel a Purchase Contract within certain periods if we do not comply with the applicable consumer protection legislation.
To exercise the cancellation right, you must notify us of your decision to withdraw from the Purchase Contract by an unequivocal statement within the applicable cancellation period. You must send this notification to us either by email to email@example.com or by post to Hoskin Scientific, 3735 Myrtle Street, Burnaby, BC, V5C4E7, addressed to the attention of Customer Services. You can also notify us by phone at 604-872-7894.
Once we receive your proper notification, we will contact you by email with the relevant information on where to send the Products you are returning.
You must send back the Products to us unused and unopened and in the same condition as delivered, with the appropriate purchasing documentation, without undue delay, and in any event not later than 15 days from the later of (i) the day on which you notify us of your cancellation of the Purchase Contract or (ii) the day the Products were delivered to you. The deadline is met if you send back the Products before the period of 15 days has expired.
4. Returns Policy
In addition to your right to cancel described above, you can return unused Products in their original packaging purchased through the Site as set out in this section 4.
Custom-made orders, discontinued items, items sold “as is” and clearance items may not be returned. You are responsible for any shipping, handling and insurance costs associated with the return. All returns must be shipped within 30 days of delivery, must be returned unused, complete (including with all accessories and documentation) and in the original packaging and must be accompanied with a copy of the invoice. For your protection, we suggest all returns be sent back by a traceable carrier such as UPS or FedEx. We is not responsible for returned Products lost in shipment.
Please send back the Products back to us in their original, unused and unopened condition, in the original packaging, with the appropriate purchasing documentation. Your failure to do this may result in delays in processing any refund, or in your inability to receive a refund.
Except as set out below with respect to defective Products, you are solely responsible for all costs associated with the return of Products under this section 4.
If you cancel a Purchase Contract under section 3, we will reimburse to you all payments received from you, including the costs of delivery. We will make the reimbursement without undue delay and in any event as required by applicable law.
We will otherwise make reasonable efforts to process refunds or exchanges within 30 days of the day you inform us that you wish to return the Product.
Products returned as a result of a defect will be exchanged or refunded in full. If you choose to exchange defective Products, we will bear the costs you incur in sending the defective Products to us and the costs we incur in delivering the replacement Products to you. If you choose to receive a refund, we will bear all related delivery costs, including the original cost of delivering the defective Products to you.
If you return a Product for any other reason under section 7 above, we shall examine the Product and notify you of your refund or exchange via email within a reasonable period.
The price of any Products will be as set out on the Site at the time of your purchase (except in cases of obvious error). Those prices do not include applicable taxes. You will pay those prices plus all shipping and handling charges and all applicable duties and taxes for the Products you purchase from the Site. Applicable charges and taxes will displayed when you are ordering Products, as well as in the Order Acknowledgement.
Despite our efforts, it is always possible that some of the Products may be priced incorrectly due to typographical error or error in pricing or product information received from our suppliers. We will normally check prices as part of our dispatch procedures so that, where the Products' correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you.
If the Products' correct price is higher than the price stated on our Website, and the error could reasonably have been recognized by you as mispricing (for example, it was too good to be true), we reserve the right to reject or cancel any orders placed for Products listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged, and we do not have to provide the Products to you. If your credit card or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card or debit card account in the amount of the charge.
Payments must be made in advance. We may change our prices from time to time, but any such change will not affect orders in respect of which we have already sent an order Confirmation.
If we allow you to pay us directly via credit card, then you authorize us to charge all amounts to the credit card number you provide to us. If your credit card payment is rejected or refused you will immediately pay us the amount due and provide us with an alternative credit card number for future payments. You represent and warrant to us that each credit card you use for payment to us belongs to you, and that you have the right to charge all such payments on the credit card(s).
You will pay us simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including all accrued interest) is made in full.
8. Availability and Delivery
Delivery times may vary. However, we aim to ship your Products within 2 business days. All deliveries can be tracked online and this tracking information will be sent to you once your Products have left our warehouse.
The delivery charge varies depending on the size and weight of the item. These charges will be included in price of your order. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge.
If you order multiple Products, these may be dispatched in separate packages and may arrive at different times. If this occurs, please wait an extra day for the remaining Products to arrive before contacting us with a delivery enquiry.
You are responsible for giving us your correct delivery details are provided. We are not responsible for reshipping orders if you provide incorrect details.
Delivery shall be completed when we deliver the Products to the address that you gave us and the Products will be your responsibility from that time.
9. Risk and Title
Title to and risk of loss of product pass to you upon our delivery to you , and risk in relation to Products being returned to us passes from you to us upon our receipt of the returned Products.
10. Product Warranties.
We warrant that Products purchased from this Site will free from defects in material or workmanship under normal use and service for a period of ninety (90) days from the date of shipment to you. Subject to any specific warranties offered in relation to specific Products by their manufacturers, or those implied by law, we do not offer any other guarantees or warranties in relation to Products.
Products are not designed or intended for use in (a) the design, construction, operation or maintenance of any nuclear facility, (b) navigating or operating aircraft; or (c) operating life-support or life-critical medical equipment, and Hoskin Scientific disclaims any express or implied warranty of fitness for such uses described in (a), (b), or (c).
12. Legal Rights
If you are purchasing Products as an individual consumer, you have legal rights in relation to the Products that are faulty or not as described. We are under a legal duty to supply Products that are in conformity with the applicable Purchase Contract. You can get advice about your legal rights from your local consumer protection authority.
13. Terms May Change
We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from the Site.
Your access to and use of the Site and your purchase of Products through the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, including by purchasing Products, you are fully accepting the terms, conditions and disclaimers contained in these Terms.
Any sale of Products through the Site will be on the basis of these Terms. You may wish to print a copy of these Terms and retain them for your records.
15. Security and Viruses
We have implemented reasonable technology and security features to safeguard your information from unauthorised access or improper use.
While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Site demonstrates your assumption of this risk.
We have taken steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.
We respect your personal privacy. You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide (for example, to complete a purchase transaction).
We may collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, the Internet Protocol addresses of computers accessing the Site, and similar non-identifiable information. This information is only used for internal purposes.
17. Proprietary Rights
This Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.
You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written approval.
You do not acquire ownership rights to any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.
18. Based in Canada
Hoskin Scientific operates from British Columbia, Canada, and makes no representation that the Site or the Content are appropriate or available for use in any particular jurisdiction. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We own our name, logo, and all of our other trademarks and trade names appearing on the Site. Unless otherwise indicated, all other trade-marks appearing on the Site or on Products are owned by third parties and are used under licence.
Any sites that are linked to from our Site are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.
If you wish to provide a link to the Site from your own web site, you may only link to our home page at <www.hoskin.ca>. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
We may add new features to the Site, remove existing features from the Site, or otherwise modify the Site and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.
22. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Purchase Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring end the Force Majeure Event or to find a solution by which our obligations may be performed despite the Force Majeure Event.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, This Site and the Content AND THE PRODUCTS are provided “as is” and “as available” and without representations or warranties of any kind, whether express, implied or statutory.
To the fullest extent permissible by applicable law, Hoskin Scientific disclaims all representation and warranties, whether express, implied or statutory (including any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). Hoskin Scientific does not represent or warrant that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
The information and Content contained on the Site ARE prepared by Hoskin Scientific and ARE believed to be accurate, but ARE provided for informational purposes only. Hoskin Scientific does not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise.
You acknowledge that your access to and use of the Site and the Content will not be free of interruptions, that the Site and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Site may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
24. Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, Hoskin Scientific and its officers, directors, employees and representatives will not be liable to you or any other party for any indirect, special, consequential or incidental damages, lost profits, lost data, business interruption or other damages arising directly or indirectly from your use of (or your inability to use) the Site or the Content OR ANY PRODUCT, including your use or reliance on any information or other Content contained on the Site; any inaccuracy or omission in any information or other Content contained on the Site, OR your use of or reliance on any third-party websites linked to the Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, You release Hoskin Scientific and its officers, directors, employees and representatives from all claims, actions, liabilities and damages of any kind relating to or arising from your access to and use of (or your inability to access and use) the Site or the Content OR THE PRODUCTS.
If, despite the limitations set out above, Hoskin Scientific becomes liable to you resulting from your access to and use of (or your inability to access and use) the Site or the Content OR PRODUCTS or otherwise under these Terms, that liability will be limited to the GREATER OF: (i) the amounts received by us from you FOR PRODUCTS in the 6 months immediately preceding the event giving rise to liability; or (ii) CAD$50.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
25. Prohibited Activities
You will not use the Site for any purpose that is unlawful or prohibited by these Terms.
In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:
- use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
- engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
- impersonate others, including a Hoskin Scientific employee or representative, or other members or visitors to the Site;
- upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law; or
- upload any commercial content or solicit others to join or become members of any other online service or other organization.
You agree to indemnify and hold harmless Hoskin Scientific and its directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site.
27. Other Agreements
If there is any conflict between these Terms and any other written and fully-signed agreement between you or your business and Hoskin Scientific, the latter agreement will prevail.
28. Choice of Law Jurisdiction
Except where prohibited by law, these Terms, your access to and use of the Site and the Content, your purchase of Products, and any claims made against Hoskin Scientific or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with British Columbia laws (including federal laws applicable in British Columbia), without reference to British Columbia’s conflict of law rules.
Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site will be in the British Columbia courts sitting in Vancouver, British Columbia.
The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms or any Purchase Contract.
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by Hoskin Scientific will impair any of Hoskin Scientific’s rights or remedies that are not expressly waived in writing. Hoskin Scientific will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.
The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English. Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.
31. Contact Information
For any further information, please contact us at:
Hoskin Scientific Ltd.
3735 Myrtle Street
Burnaby, BC V5C4E7