Terms and Conditions

Grandpa's Gold Inc. Terms and Conditions

Additional Information

Grandpa’s Gold Inc. - TERMS AND CONDITIONS OF SALE

(the “Terms and Conditions”)

IMPORTANT NOTICE: By placing an order to purchase products and/or services from Grandpa’s Gold Inc., including orders through its website (or any part thereof), the Buyers confirm that the Buyers have read, understood and agreed to purchase the products and services from Grandpa’s Gold Inc. on the terms and conditions set out herein, as amended from time to time by Grandpa’s Gold Inc.

ACCEPTANCE OF TERMS AND CONDITIONS
1. 1.1.Grandpa’s Gold Inc. (“Grandpa’s Gold”) is committed to providing to the customers of Grandpa’s Gold with excellent products and services in accordance with these Terms and Conditions.
2. 1.2.These Terms and Conditions, set out in these Terms and Conditions at the time of the Buyer’s purchase, will govern the terms and conditions of the purchase and sale of products and services purchased by customers who purchase products and services from Grandpa’s Gold (individually, the “Buyer”, or collectively, the “Buyers”), including without limitation products and services provided to Buyers through the access and use of the website located at https://____________________.com, or any component thereof (collectively, the “Website”). Grandpa’s Gold is entitled to amend, revise, modify, or replace in its entirety, these Terms and Conditions, at the sole discretion of Grandpa’s Gold, without prior notice to the Buyers, which amendments will be effective as of the date on which the updated Terms and Conditions are published.
3. 1.3.By purchasing products and services from Grandpa’s Gold, the Buyers confirms acceptance of and is deemed to have accepted the terms and conditions of these Terms and Conditions, as may be amended from time to time by Grandpa’s Gold. If a Buyer does not agree to these Terms and Conditions, the Buyer must refrain from purchasing products and/or services from Grandpa’s Gold.
Order Processing
1. 2.1.If a Buyer places an order on a weekend (Saturdays and Sundays) or on a provincial or federal statutory holiday, Grandpa’s Gold will receive the order on the next business day (i.e. a day that does not fall on a weekend or a provincial or federal statutory holiday) and thereafter will begin processing the order, including processing of payment processing.
2. 2.2.Grandpa’s Gold does not begin processing of an order, including processing of payment until Grandpa’s Gold has received all the information it needs to process an order and Grandpa’s Gold has received full payment for the order.
PRICES & Taxes
1. 3.1.Grandpa’s Gold strives to ensure that the prices listed on the Grandpa’s Gold’s Website are accurate and up-to-date. Notwithstanding the foregoing, Grandpa’s Gold reserves the right to change prices for the products and services displayed on the Website, at any time without notice to the Buyers, including without limitation, changes made to correct errors that appear on the Website, or changes made for any other reason determined by Grandpa’s Gold in its sole discretion.
2. 3.2.The Buyer’s total order price for the order placed by the Buyer will include the following:
the price of the products and services on the day of the Buyer’s order, plus;
applicable sales tax or value added taxes, plus;
applicable shipping charges.
1. 3.3.Grandpa’s Gold reserves the right to change the taxes applicable to Buyer’s orders, to be in accordance with applicable law. Currently, the following taxes will be applied to all orders from Buyers:
13% HST will be added to orders within Ontario;
15% HST will be added to orders within Nova Scotia, Newfoundland, New Brunswick, and Prince Edward Island;
5% GST will be added to all other provinces, including British Columbia; and
any other taxes applicable to the Buyer’s order.
SHIPMENT OF ORDER & SHIPPING COSTS
1. 4.1.Grandpa’s Gold is able to ship deliveries to Buyers located across Canada and internationally. Grandpa’s Gold will select the carrier for the shipment of the Buyer’s order and provide the particulars of that shipment to the Buyer.
2. 4.2.Grandpa’s Gold reserves the right to determine and/or change the shipping costs applicable to Buyer’s orders. Currently, shipping costs will be applied to all orders from Buyers, in accordance with the weight of the shipment, and an estimate of the cost will be provided to the Buyer at the time of the Buyer’s order.
3. 4.3.Grandpa’s Gold strives to ship all Buyers’ order within three business days of receiving the Buyers’ order and payment confirmation. Notwithstanding the foregoing, the estimated shipment date on the Buyer’s order is subject to change and/or cancellation due to:
availability of the products and services ordered by the Buyer; and
payment processing time required to process the Buyer’s order;
1. 2.4.The estimated shipment date on the Buyer’s order is an estimate of when the Buyer’s order has been shipped from Grandpa’s Gold. This estimated shipment date is not the estimated arrival date. If the estimated shipment dates change for any reason, Grandpa’s Gold will contact the Buyer via telephone or email and provide a revised shipping date. The Buyer will not be entitled to any compensation, refund, or any other payments as a result of the shipping date being revised for any reason.
PRODUCT & SERVICE AVAILABILITY
1. 5.1.Shipment of orders will depend on the product and service availability and whether or not the supply of the purchased product or service is readily available at any given time. Grandpa’s Gold strives to supply the Buyer with the products and service ordered by the Buyers. However, there may be occasions when Grandpa’s Gold confirms orders but later determines that Grandpa’s Gold cannot supply the ordered products or services either at all or in the quantities ordered. These occasions can include but are not limited to the following situations:
when the products are no longer manufactured;
when the products or services are not longer unavailable through Grandpa’s Gold;
when Grandpa’s Gold cannot source components for the products or the services the Buyer ordered.
1. 3.1.In circumstances where Grandpa’s Gold cannot complete the order placed by the Buyer, Grandpa’s Gold will contact the Buyer as soon as reasonably possible to inform the Buyer. In response, the Buyer may:
purchase alternative products or services from Grandpa’s Gold (subject to any necessary cost adjustments); or
cancel the portion of the order that cannot be completed by Grandpa’s Gold, and any other portion of the order, and receive a corresponding refund from Grandpa’s Gold.
PAYMENT METHODS
1. 6.1.Grandpa’s Gold allows the Buyer to make the Buyer’s purchase orders credit card payments. Grandpa’s Gold accepts Visa and Mastercard for payment of purchaser orders. If the Buyer wishes to make a purchase using one of these credit cards, Grandpa’s Gold will need to process the payment before sending the order shipment. As such, the Buyer will need to provide Grandpa’s Gold all necessary credit card information to process payment.
NO Returns and No Refunds
1. 7.1.The Buyer accepts the delivery of the Buyer’s orders on an “as is where is” basis. Unless otherwise required under legislation that may be applicable to the Buyer’s purchase, the Buyer agrees that the Buyer’s purchase of the products from Grandpa’s Gold is a final purchase, and the Buyer will not be entitled to any returns, refunds, or exchanges.
2. 7.2.Acceptance by Buyer: Subject to legislation that may be applicable to the Buyer’s purchase, the Buyer is deemed to have irrevocably accepted the delivery of the products purchased from Grandpa’s Gold, as at the date on which the products are delivered to the Buyer, free of any damage, defects or deficiencies of any kind whatsoever.
ACCESS AND USE GRANDPA’S GOLD INC. WEBSITE BY CUSTOMERS
1. 8.1.The Buyer agrees to make purchases from Grandpa’s Gold in full compliance with the policies of Grandpa’s Gold, including without limitation, the Terms of Use which govern the terms and conditions of the use and access to the Website by the users of the Grandpa’s Gold’s Website.
CUSTOMER REPRESENTATIONS & COVENANTS
1. In placing orders with and purchasing products from Grandpa’s Gold, including through the use of the Website and through employees of Grandpa’s Gold, the Buyers agree to each of the following:
the Buyer will not hide the origin of information transmitted to Grandpa’s Gold;
the Buyer will not provide to Grandpa’s Gold any false or misleading information;
the Buyer will not access or use the services or products of Grandpa’s Gold unless permitted under the any these Terms and Conditions and permitted under the policies of Grandpa’s Gold; and
the Buyer will not access or use the services or products accessible of Grandpa’s Gold for any purpose contrary the laws of Canada and the laws applicable to the Buyer.
1. By placing orders with and purchasing products from Grandpa’s Gold, the Buyer represents and warrants to Grandpa’s Gold that the Buyer is not in a location whereby the Buyer’s order, purchase, access, and use of the services or products of Grandpa’s Gold is contrary to the laws of Canada and the laws that are applicable to the Buyer.
2. The Buyer will be solely responsible for ensuring that the use of the products purchased by the Buyer from Grandpa’s Gold will meet all safety, regulatory, or other legal requirements as may be mandated by any applicable law or ordinance, and the Buyer will bear the sole expense of any equipment or work which may be required to enable the products to comply with same. The Buyer agrees, at all times, that the Buyer will possess, maintain, use or otherwise deal with the products that the Buyer purchased from Grandpa’s Gold in full compliance with all applicable laws, regulations, rules, statutes and ordinances (both in Canada and in the Buyer’s location).
3. The Buyer, at all times, will only use the products purchased from Grandpa’s Gold in a safe and secure manner, in accordance with all applicable safety codes, regulations, and legislation. The Buyer will take all precautions that may be reasonable, necessary and appropriate for the safe operation or use of the products purchased by the Buyer.
4. The Buyer acknowledges and agrees that the products that the Buyer purchases from Grandpa’s Gold will not be modified in any form or manner. If the Buyer modifies the products purchased from Grandpa’s Gold, the Buyer accepts and assumes all risks and liabilities that may be incurred by the Buyer as a result of or in connection with the modifications made by the Buyer, including without limitation, damage to the products, damage to property, and personal injury and death.
DISCLAIMER, LIMITATION OF LIAIBLITY & INDEMNITY
1. The Buyer acknowledges that the Buyer selected the brand and quantity of the product ordered by the Buyer to the exclusion of other products available to the Buyer and that Grandpa’s Gold has processed the Buyer’s order at the Buyer’s request. Grandpa’s Gold does not represent or warrant that use of the product purchased by the Buyer will guarantee any specific results. In particular, while there is authentic gold in the products sold by Grandpa’s Gold, Grandpa’s Gold does not represent, warrant or guarantee any specific amount of gold or other minerals to be found in the products purchased by the Buyer, and the products sold to the Buyer are for entertainment purposes only.
2. The Buyer acknowledges that Grandpa’s Gold makes no express or implied warranty or representation about the products ordered by the Buyer (including any warranties or representations that may operate through operation of law or legislation). Without limiting the foregoing, Grandpa’s Gold expressly disclaims any implied warranty or representation relating to the product’s compliance with legal requirements, quality, design, condition, fitness for any particular purpose, or merchantability. By ordering the products from Grandpa’s Gold, the Buyer confirms that the products ordered are acceptable to the Buyer and complies with the Buyer’s particular requirements.
3. The Buyer agrees that Grandpa’s Gold will not be liable for and the Buyer irrevocably and unconditionally waives, releases and forever discharges Grandpa’s Gold, and its officers, directors, servants, employees, agents, and each of their heirs, executors, administrators, successors and assigns, of and from any and all actions, causes of actions, claims, debts, demands and damages howsoever arising which the Buyer now have or can, shall or may have for in the future by reason of or arising out, or in connection with the Buyer’s purchase and use of the products and services purchased from Grandpa’s Gold, including without limitation, claims for direct, indirect, or consequential damages, special damages, damages arising from loss of profit or business interruption, loss arising from personal injury, death, or property damage related to the use of the products of Grandpa’s Gold or modification of products of Grandpa’s Gold, loss arising from damage or destruction of property, or damages arising from contamination of any property, damages arising from breach of contract, negligence, gross negligence, misrepresentation, breach of warranty or representations (express, implied, or statutory), and any other claims whether made in law or in equity.
4. If Grandpa’s Gold is found liable, the Buyer agrees that the liability of Grandpa’s Gold, its officers, directors, servants, employees, agents, and each of their heirs, executors, administrators, successors and assigns, arising from the use of the product shall be limited to the cost paid by the Buyer for the product in accordance with these Terms and Conditions. The Buyer agrees that this rights of the Buyer as set out in these Terms and Conditions will be the sole and exclusive remedy available to the Buyer at law and in equity.
5. The Buyer agrees to indemnify and hold Grandpa’s Gold and its officers, directors, servants, employees, agents, and each of their heirs, executors, administrators, successors and assigns, harmless from all costs, claims, demands, suits, liabilities, fines, penalties, and expenses which Grandpa’s Gold may incur, including solicitor’s fees on a solicitor/client basis, arising from or in any way related to the Buyer’s purchase, use and possession of the products purchased from Grandpa’s Gold, or the Buyer’s breach of these Terms and Conditions.
6. By purchasing orders for products with Grandpa’s Gold and by using the products ordered from Grandpa’s Gold, the Buyer irrevocably accepts the disclaimers, limitations of liability, and indemnities set out in these Terms and Conditions and agrees that these aforementioned provisions will survive the termination of these Terms and Conditions.
7. The Buyer acknowledges and agrees that the Buyer’s agreement to the provisions set out in section 11.0 is fundamental to Grandpa’s Gold’s decision to sell the products of Grandpa’s Gold to the Buyer. The Buyer acknowledges and agrees that these Terms and Conditions are necessary, reasonable and appropriate for Grandpa’s Gold’s protection of its legitimate business interests and constitute a material inducement to Grandpa’s Gold to sell the products of Grandpa’s Gold to the Buyer, and that Grandpa’s Gold would not have sold the products of Grandpa’s Gold to the Buyer, absent such inducement.
GENERAL PROVISIONS
1. Grandpa’s Gold will not be liable for any delay in performing any of its obligations under these Terms and Conditions.
2. Grandpa’s Gold's failure to insist on or delay in enforcing strict performance of these Terms and Conditions shall not be construed as a waiver by Grandpa’s Gold of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between Grandpa’s Gold and the Buyer or any other party be deemed to modify an provision of these Terms and Conditions, unless it is in accordance the provisions set out in these Terms and Conditions.
3. All provisions of these Terms and Conditions are to be construed as separate and distinct covenants and agreements, separable from all other separate and distinct covenants and agreements. If any term or condition of these Terms and Conditions is determined to be illegal, void or unenforceable, it and they will be considered separate and severable from these Terms and Conditions and its remaining provision will remain enforced and be binding upon the Buyer.
4. These Terms and Conditions (as may be amended from time to time) constitutes the entire agreement between Grandpa’s Gold and the Buyers with respect to the subject matter of these Terms and Conditions, and supersedes all prior negotiations, promises, representations and agreements, both written and oral, between Grandpa’s Gold and the Buyer.
5. These Terms and Conditions will be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada. The Buyer hereby consents and submits to the exclusive jurisdiction of the courts of the Province of British Columbia in any action or proceedings related to the Buyer’s purchase and use of the products and services of Grandpa’s Gold and these Terms and Conditions.
6. These Terms and Conditions will enure to the benefit of and will be binding up the Buyer and Grandpa’s Gold, and their respective heirs, executors, administrators, personal representatives, successors, and permitted assigns.
7. The Buyer acknowledges that the Buyer has had sufficient time to review these Terms and Condition and have had a reasonable opportunity to obtain independent legal advice regarding these Terms and Conditions. Although the Buyer is entitled to purchase products from any other company or business, the Buyer voluntarily accepts these Terms and Conditions as the terms and conditions which govern the Buyer’s purchase of the products and services of Grandpa’s Gold, fully understanding its meaning and effect.