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Terms and conditions
SALES TERMS AND CONDITIONS
Kama Sutra Group Inc. is a full part of the holding known as Vanderex inc. Vanderex inc. ("Vanderex ") operates the Shopkamasutra.com Web site (the "Site"). The terms and conditions that appear below constitute a contract between you and Vanderex, and govern the use of the Site. Vanderex may modify these terms and conditions at any time, without prior notice.
PLEASE READ THESE SALES TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By using the Site, you acknowledge having read and understood these conditions. If you do not wish to be bound by these sales terms and conditions, you may not use the Site, nor may you order products through the Site.
1. TERMS OF USE
1.1 Location of Site Operation
Vanderex operates the Site from its offices located in Canada. Vanderex makes no representation to the effect that the elements of the Site may be used in other locations than Canada, and it is forbidden to access the Site from territories where the legislation prescribes that the content or use of the Site is illegal. Those choosing to use the Site do so on their own initiative, and it is their responsibility to conform to all applicable local laws. Any claim related to the Site and the elements it contains, or arising from the use of the Site, is governed by the applicable laws in the territory of the Province of Quebec, district of Quebec.
1.2 Restrictions Related to Use
Except as specified in one or another section of the Site, no element of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted by any means, without prior written permission of Vanderex or the owner of the copyright. You are permitted to display or download Site elements, but only for personal and non-commercial purposes and only as long as you do not modify these elements and you retain all copyright and other proprietary notices that they contain.
1.3 Trademarks
The trademarks and logos used or displayed on the Site are trademarks, registered or not, by Vanderex or third parties. Nothing in the Site may be interpreted so as to grant, directly or indirectly, the use of a trademark reproduced on the Site without the prior written permission of the trademark owner.
1.4 Limitation of Liability
The Site and the elements it contains are provided on an "as is" basis, without warranties of any kind, express or implied. To the fullest extent possible pursuant to the applicable laws, Vanderex disclaims all responsibility and provides no guarantee, including but not limited to, warranties of merchantability or fitness for a particular purpose. In addition, Vanderex makes no representation with regard to the use, downloading, validity, accuracy or reliability of the elements reproduced on the Site, or with regard to the results obtained from the use of such elements. While Vanderex does everything possible to ensure that the Site contains no errors, Vanderex declines all responsibility with regard to any error that may be found on the Site. Vanderex, its related companies, directors, employees, representatives or agents may not, under any circumstances, be held responsible for any damages related, directly or indirectly, to use of the Site, including, but not limited to, the loss of data resulting from use of the elements of the Site.
2. GENERAL CONDITIONS OF SALE
Order Acceptance
The receipt by e-mail of an order confirmation does not constitute acceptance, by Vanderex, of such an order or the confirmation of an offer to sell. Vanderex reserves the right, without any prior notification, to refuse service to any customer and/or limit the order quantity of any item ordered. Verification of personal or credit card information may be required at any time by Vanderex prior to the acceptance of any order.
2.1 Payment methods
2.1.1 We accept Visa and MasterCard credit cards.
2.1.2 Cheques or money orders are not accepted.
2.2 Price
2.2.1 The price payable for each product that you order is as set out with regard to each product offered on the Site.
2.2.2 Transportation and delivery charges, as well as applicable sales taxes, are not included.
2.2.3 Vanderex reserves the right to modify the prices of products offered on the Site at any time, without prior notice.
2.2.4 All prices are in Canadian dollars.
2.2.5 The prices of products set out on the Site may differ from the prices offered for the same products in Kama Sutra stores owned and operated by Kama Sutra Group Inc.
2.3 Returns Policies
2.3.1 Due to the intimate nature of some products offered ont the Site and for hygienic reasons, some products cannot be returned, such as but with no limitation: underwear, dildos (unless the product is defective and covered by the manufacturer’s guarantee or if Vanderex has not delivered the right product), or edible products will not be accepted.
2.3.1 You may return products to Vanderex at any time up until 10 days after receiving them, at the following address:
Vanderex Returns, 272, Dublin, Shannon (Quebec) G0A 4N0.
The invoice, the order number and the original packaging must accompany the products. Products returns must be sent at the following address:
Vanderex Returns, 272, Dublin, Shannon (Québec) G0A 4N0.
2.3.2 Returning products for reasons other than a defect: You assume the delivery charges and legal risks for products returned. You may not return products if you have removed them from their original packaging or, in the case of books, if these are damaged or if the cover is bent, except if the products are defective.
2.3.3 Returning defective products: If an item is defective, it will be exchanged for a new copy of the same product. You may provide a detailed description of the defect on the Product Returns Form. If Vanderex has not delivered the right product, you will receive the correct product. In both cases, Vanderex will assume the delivery charges and the legal risks as long as you return the products using the Expedited Parcel shipping service offered by Canada Post.
Vanderex does not accept returns that exceed 10 days following the receipt of the product.
Vanderex Returns
272, Dublin
Shannon (Québec)
G0A 4N0
2.3.4 Upon receipt of returned products, any sum debited from your credit card account in favour of Vanderex with regard to these products, except delivery charges, will be credited as soon as possible, on the condition, however, that the products being returned are returned by you and received by Vanderex in the same condition as that in which they were at the time they were delivered to you.
2.3.5 It is also possible to return products ordered on the Site to any Kama Sutra stores operated by Kama Sutra Group inc., under the conditions specified above, which will apply by making the necessary adaptations. The addresses of these stores can be found in the Site's "STORES" section. In no case will stores operated by Kama Sutra Group inc. reimburse delivery costs.
2.4 Product Availability
The Site posts all products available for order from our suppliers. Please note that the latter are not necessarily part of all Kama Sutra stores' or of the Web site's inventory. Your order may be delayed before being shipped to you, while we wait for one or more out-of-stock items to become available. Should you be in a hurry to receive one or more particular items in your order, we advise you to place a separate order for them.
2.4.1 Vanderex does not guarantee in any case the availability in inventory of products offered on the Site. If Vanderex is unable to deliver to you one or other of the products that you have ordered due to insufficient inventory, Vanderex will advise you by e-mail. In such a case, you will have the following options:
2.4.1.1 Confirm via the Site that you wish to keep your order active; this will authorize Vanderex to ship the back-ordered product(s) to you, with no further notice, upon their receipt from our supplier(s), in which case payment will be automatically debited from your credit card account for the product(s) before it(they) is(are) transferred to the shipper you chose with your order. You may cancel your order at any time before Vanderex receives the back-ordered product(s), by contacting the Site's customer service department. Please note that once you confirm your order via the Site, there is a delay of one or a few days before the product(s) are ordered from our supplier(s).
2.4.1.2 Cancel your order via the Site, in which case no payment will be debited from your credit card account for the product(s).
2.4.2 Note that in the case of products back-ordered with our suppliers for more than 30 days, your order will be cancelled without prior notice.
2.4.3 Vanderex will not under any circumstances be responsible for any loss or harm you may suffer due to insufficient inventory.
2.5 Product Delivery
2.5.1 Vanderex will deliver the products ordered by you to the address you transmitted at the time of your order.
2.5.2 Delivery charges are on a per-product-ordered basis. Please see the rates table to find out how much delivery of your order will cost.
2.5.3 Vanderex will perform delivery as quickly as possible after acceptance of your order, according to the delivery method that you chose on the Site. Delivery times and costs may vary according to the delivery destination, the delivery method chosen and the availability of products in inventory. Delivery times are estimated from the moment that the products leave Vanderex's place of business.
2.5.4 You become the owner of the products you have ordered when Vanderex gives them to the carrier. As of that moment, you will assume all risk related to the products ordered, and Vanderex will not be liable for their loss or destruction.
2.5.5 For any products delivered outside of Canada, you are responsible for all customs brokerage fees and any other costs related to exporting outside Canada.
2.5.6 Delivery of products is subject to the rules of the delivery companies with which Vanderex does business, as well as the rules of any other company with which Vanderex may do business from time to time. You are in particular subject to the rules concerning a signature acknowledging receipt of products. If you are absent from the location where you requested that Vanderex deliver the products to you, it shall be your responsibility to recover the products according to the rules of the delivery company you chose on the Site at the time of your order.
2.5.7 No deliveries will be made to a post office box.
2.5.8 Vanderex must have received the full payment for products to be delivered to you before proceeding with their delivery.
2.6 Liability
2.6.1 In the event that Vanderex is found to be liable toward you, such liability shall be limited to an amount of money equivalent to the price you paid for the products returned.
2.6.2 Notwithstanding the preceding, nothing in this section shall be construed as limiting any right you may have as a consumer with respect to one or other of the public policy statutes that may apply to you.
2.7 Acts of God
Vanderex shall not be held liable for non-performance, in whole or in part, of any of its obligations whatsoever toward you, nor for damages or losses you may suffer, if such non-performance, damages or losses result from an Act of God or from circumstances beyond its control.
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