Introduction
Welcome to colemanwebstore.ca ("Website"). Our Website is provided by the Coleman Division of Sunbeam Corporation (Canada) Limited, 20B Hereford Street, Brampton, ON L6Y 0M1 ("Coleman") as a service to our customers. Please review the following terms and conditions that govern your use of our Website ("Terms of Use"). Please note that your use of our Website constitutes your unconditional agreement to follow and be bound by these Terms of Use and all applicable laws. The terms "you", "your," and "yours" mean you -- the user, customer, and purchaser. The terms "we," "our," and "ours" means Coleman.
Privacy
Your privacy is as important to Coleman as it is to you. Learn more about the Coleman Website privacy policy.
Copyright Notice
All pages on this Website are subject to the following copyright notice: © 2009 Sunbeam Corporation (Canada) Limited. All materials, including images, text, illustrations, graphics, designs, icons, photographs, programs, video clips and written and other materials that are part of this Website and any compilation thereof (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Coleman, one of its affiliates, or by third parties who have licensed their materials to Coleman. The Contents are protected by Canadian and international copyright laws and Coleman, its affiliates and licensors expressly reserve all intellectual property rights in the Contents. Access to this Website does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Coleman or its software suppliers and is also protected by Canadian and international copyright laws.
Trademark Notice
The Coleman name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Coleman. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the Contents. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
Accuracy of Information
While Coleman uses reasonable efforts to ensure the Contents are accurate and up-to-date, Coleman makes no warranties or representations as to the accuracy or completeness of the Contents or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through this Website. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS STATEMENTS, ARTICLES, RECIPES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. COLEMAN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE.
Pricing; Order Acceptance; Payment; Sales Tax
While Coleman strives to provide accurate product and pricing information, pricing or typographical errors may occur. Coleman cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Coleman shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Coleman may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. While it is the Coleman practice to confirm orders by email, the receipt of an email order confirmation does not constitute the acceptance of an order or the Coleman confirmation of an offer to sell a product or service. Coleman may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that we are unable to accept and must cancel. Coleman reserves the right, at our sole discretion, to refuse service to any customer or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit department. Coleman will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is shipped but if your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchase. Tax-exempt non-profit organizations must provide Coleman with a sales tax exemption certificate in a form acceptable to Coleman, in its sole discretion, otherwise sales tax will be charged.
Shipping Charges
When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. Coleman offers shipping within Canada. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs. Upon shipment, Coleman may email to you a tracking number.
Products, Services and Specifications
All features, content, specifications, products and services described or depicted on this Website are subject to change at any time without notice. All reasonable measures are taken to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your computer monitor. Coleman cannot guarantee that your monitor will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, province, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Returns
On-line purchases from the Coleman® Canada Web Store (this website) are final.
Product Warranty
Coleman products have a limited warranty from the date of original retail purchase that the product will be free from defects in material and workmanship. The length of the limited warranty may vary by product. The warranty is valid for the original retail purchaser from the date of initial retail purchase and is not transferable. Keep the original sales receipt. Proof of purchase is required to obtain warranty performance. Coleman dealers, service centers, or retail stores selling Coleman products do not have the right to alter, modify or in any way change the terms and conditions of the warranty. Please refer to your product for the exact terms and conditions of the limited warranty for your purchase. The warranty included with your purchased product is your exclusive warranty. Click here for warranty service and repair centers.
Disclaimer
THIS WEBSITE IS PROVIDED BY COLEMAN ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLEMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COLEMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME PROVINCES MAY NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COLEMAN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF COLEMAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COLEMAN BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. Any cause of action you may have with respect to your use of the Website and its Contents must be commenced within one (1) year after the claim or cause of action arises.
Links to Third Party Sites
References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Coleman endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Coleman makes no warranty or representation regarding any linked websites.
Revisions to Terms of Use and Website
Coleman reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes to these Terms of Use will be effective when such changes are posted to this Website. Your continued use of the Website after any change will be considered acceptance of those changes. Coleman may terminate, change, suspend or discontinue any aspect of the Coleman Website, including the availability of any features of the Website, at any time. Coleman may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Coleman may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all Content and Photos which you may have downloaded.
Choice of Law
These Terms of Use constitute the entire agreement between Coleman and you with respect to your use of this Website. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
Website Security
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Coleman will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Rev. 5/01/2009
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