Please read this document carefully because it affects your rights and liabilities under the law. If you do not agree with these terms please do not register as a user on this website.
Terms of Service
a) Password and security
When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by immediately sending us a message through our Contact Us page.
If the Owner has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
b) Owner’s right to suspend or cancel registration
In addition to any rights granted to the Owner elsewhere in the Terms, the Owner may suspend or cancel your registration immediately at its reasonable discretion or if you breach any of your obligations under these Terms.
You can cancel this agreement at any time by informing us in writing and sending it to: Privacy Officer, Colemans Online Store, 26 Caribou Rd., Corner Brook, NL A2H 6E8. If you do so, you must stop using the Site.
The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s rights or liabilities.
The provisions of these Terms pertaining to intellectual property, prohibited actions, disclaimers and limitations of liabilities shall survive cancellation.
For certain items which are conventionally sold in units of variable measure (e.g. produce or meats) prices may be expressed in terms of a standard measurement (e.g. cents/kilogram or dollars/pound) and a conversion provided for unit of measurement defined locally on the Site (“Locally Defined Unit”) (e.g. a “bunch” of grapes), such that prices are expressed in terms of Locally Defined Units for your convenience (e.g. certified organic grapes at $1.99/”bunch”). Since these units are approximations, actual goods ordered and received in this manner, and the corresponding price charged, will generally vary from the estimation within a certain tolerance.
Prices noted in your Shopping Cart may vary from the final price charged to your card based on the order assembly date. Some promotional deals may expire between the time the order is placed and the time it is picked and processed. This means some items could be priced higher or lower depending on the product and promotion date in place at that time.
Retail prices indicated on the Site do not include applicable taxes, bottle deposits, or other incidental fees (e.g. shopping bags). These will be added in-store through the point-of-sale terminal that processes your order prior.
When an item is out of stock, our personal shoppers will substitute with a similar item. For each product in the customer’s shopping cart, it is the customer’s responsibility to indicate the type of substitution (e.g. Best Available) or to opt out of receiving a substitution altogether.
Delivery of Customers’ Orders:
a) Standard delivery
Our staff will prepare and ship your order as quickly as reasonably possible while ensuring that your order is properly filled. Orders will be delivered to the address provided by the Customer. We’ll do our best to deliver to your door, but the Owner is not responsible for any failure to deliver an order as a result of inaccurate information provided by the Customer.
b) Customer pick-up
Customers who select Pick Up should come to the store only during the time slot they selected at checkout, as indicated on the order confirmation email. Once at the store, Customers should park in the designated Curbside Pick Up area and phone the number on the sign to indicate their arrival. A member of our team will bring the order to the Customer’s vehicle.
c) Assembly and delivery
Assembly and/or delivery charges are applied to online orders and will be displayed separately from product prices on the Customer’s bill.
Incorrect orders or returns by Registered Users:
Your satisfaction with our products and services is important to us and we make efforts to ensure product quality and freshness. In the event that there is a problem with your order or if there are any issues with goods in your order, please feel free to return goods to the store with a copy of your receipt or otherwise contact the store for customer service and the Owner will make all reasonable efforts to correct the issue. Customers are responsible for notifying the store on the same day that they receive their order of any such issues.
a) Trademark and Copyright Notice:
All materials and software published or used on the Site are protected by copyright and are owned or controlled by or licensed to the Owner or to the party listed as the provider of the materials or software. UNAUTHORIZED COPY, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the site only for personal, non-commercial and informational purposes, provided that the documents are unmodified and you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:
©Copyright 2021 Focenco Limited. All rights reserved. All use subject to Terms and Conditions of Use set forth here.
b) Copyright Notification:
The Owner respects the intellectual property rights of others. Given proper notice, the Owner will remove user posted comments, posts, messages, or other submissions on or to the Site that violate copyright law, or suspend access to the Site or any portion of the Site to any user who repeatedly uses the site in violation of copyright law.
If you believe your work has been used in a way that constitutes copyright infringement, please send the Owner a notification of claimed infringement (“Notice of Infringement”) along with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit the Owner to locate the material on the Site; (c) information reasonably sufficient to permit the Owner to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of false statement or perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner’s behalf; and (f) your physical or electronic signature. To obtain an address for delivery of the Notice of Infringement please contact the Owner at firstname.lastname@example.org, and on receiving address information fax, mail or email it to the Owner directly.
By submitting a Notice of Infringement you agree that the Owner may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.
c) Commercial Use of Owner’s Site Materials and Screen Shots:
Reproduction, copying, or redistribution of materials on the Site for commercial purposes is prohibited without the express permission of the Owner. To obtain permission to copy portions of this Site please contact the Owner at email@example.com or other contact information provided on the Site and include the following information: (a) the content you wish to use; (b) where, when and how it will be used; (c) where and how copies will be distributed and to what audience; (d) how many copies will be produced and distributed; (e) what other materials will be associated with the Owner’s content; and (f) your name, title, company or organization, email address and phone number.
The Owner will attempt to assess and respond to your request as soon as reasonably possible. The Owner reserves the right to refuse permission to copy, distribute, broadcast, or publish any copyrighted or trademarked material, including but not limited to text and images on the site.
Links to Other Websites and Materials:
Links may be provided on the Site to other websites or materials. Except as otherwise indicated elsewhere in these Terms, these links are provided solely as a courtesy to visitors to the Site. The Owner has no control over linked sites or the materials, information, goods or services available from or contained on these linked sites. The Owner is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. The Owner reserves the right to terminate any link at any time.
Prohibited Actions and Indemnification:
You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under federal, provincial and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. The Site is not intended for use by anyone under the age of 19. The Owner reserves the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms or if you conduct any activity that violates the rights of any person or entity, or which the Owner in its sole discretion deems unlawful, offensive, threatening, abusive or potentially harmful or malicious.
You agree to indemnify, defend and save harmless the Owner, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees and agents from and against all claims, losses, expenses, damages and costs, and reasonable legal fees, resulting from your use, misuse or inability to use the Site, or any violation by you of these Terms.
Disclaimer and Limitation of Damages:
a) No warranties
The Owner expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this site as a result of your use of the site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this site. THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE OWNER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
b) Use at own risk
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. The Owner shall not be liable for any loss or injury arising out of or caused, in whole or in part, by its negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the content of the Site.
c) Limitation of damages
The Owner shall not be liable for any indirect, consequential, punitive or special damages of the Customer or of any third party claimed against the Customer, including, without limitation, damages for loss of profits or revenue or failure to realize expected savings, however derived.
d) Cumulative liability
Notwithstanding anything to the contrary in this agreement or any statute or rule of law to the contrary, subject to the foregoing provision, the cumulative liability of the Owner for all claims arising out of or in connection with these Terms any schedules attached hereto, whether directly or indirectly, shall not exceed all fees paid to the Owner by the Customer in respect of transactions conducted through the Site. The expression “Owner” in this section shall be deemed to include the Owner, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees and agents.
Other General Terms
a) Modification of Terms:
The Owner reserves the right to revise these Terms at any time by updating this page. Your continued use of the Site constitutes your agreement to comply with such revisions, so it is important that you visit this page from time to time.
If you are a Registered User and you are uncomfortable with any modifications to these Terms you are entitled to revoke your status as a Registered User and have any personal information collected in tandem with the registration process deleted from our records. Any Registered User that opts to revoke their registration may apply to become a Registered again at any time so long as this Site continues to operate under these Terms.
b) Governing Laws and Forum Selection:
The Owner operates this site from its offices in the province of Newfoundland and Labrador, Canada and makes no representations that materials on the site are appropriate or available for use in other legal jurisdictions. The display of the site alone does not subject the Owner to any specific jurisdiction. Access to the site from any territory where the content is illegal is prohibited. If you choose to access the site from other legal jurisdictions, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules, and regulations. Any claim related to the use of the site or to the site materials shall be governed by, construed, and enforced in accordance with the laws of the Province of Newfoundland and Labrador as applied to agreements made and to be performed entirely therein. For greater certainty, any business transacted through the use of the site is deemed to have taken place in the Province of Newfoundland and Labrador. Any action arising out of or relating to the access, use, content, or existence of this site shall be filed only in the appropriate provincial or federal court or tribunal located within the Province of Newfoundland and Labrador. The access, viewing or use of this site constitutes your express permission and consent to the jurisdiction of the provincial and/or federal courts or tribunals of the Province of Newfoundland and Labrador for the purposes of such actions.
c) Entire Agreement:
These Terms constitute the entire agreement between you and the Owner with respect to the subject matter hereof.
d) No Waiver:
No waiver by the Owner of any breach or default of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision or part of a provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision or part of a provision shall be severed from the Terms and the remainder of these Terms will continue in force, having regard to the spirit of the agreement.