General Terms of Sale
Unless otherwise agreed to in writing, the Terms of Sale apply to all business relations between a customer (hereinafter referred to as the “Customer”) and by Derbystar Canada Inc. (hereinafter referred to as “Derbystar Canada”) relating to products offered by Derbystar Canada and purchased by the Customer as defined blow. The laws of Ontario shall apply.
The applicability of conditions of the Customer, if any, is explicitly excluded.
Conclusion of the Contract
Orders placed by the Customer for the products offered by Derbystar Canada are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by Derbystar Canada to the Customer. This confirmation can occur by email, mail, fax or by telephone. Confirmation by means of which Derbystar Canada confirms the receipt of the order to the Customer shall not qualify as confirmation of the order.
The contract partner of the Customer is Derbystar Canada Inc,
Derbystar Canada shall be free to engage the services of third parties for the performance of its obligations under a sales contract.
Derbystar Canada decides at its sole discretion whether or not to accept any order. Should Derbystar Canada not show any reaction within ten (10) business days after the order has been placed, then the order is deemed to have been rejected.
All information provided by Derbystar Canada, whether through electronic intermittence or by telephone, shall be as accurate as reasonably possible. However, Derbystar Canada shall not be liable for any error. More specifically, delivery data shall be indicative only.
Derbystar Canada has made every effort to display as accurately as possible the colors of our products. Derbystar Canada cannot guarantee that printed material or your computer monitor's display of any color will be accurate. The images of products are for illustration purposes only and Derbystar Canada shall not be bound thereby in any way whatsoever.
Price and costs
The price of a product is the net price of the product not including taxes or shipping cost. Prices are in Canadian dollars. Derbystar Canada Inc. reserves the right to change the Purchase Price of any of the products offered at any time.
The Customer bears the shipping costs, which shall be added to the Purchase Price. The shipping costs will vary according to where the product is being delivered and the weight of the order.
Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with the order. Where required, sales tax will also be applied to the shipping and handling charges. If Customer returns an item for a refund, Customer will also receive a refund for the sales tax paid for that item. Customer will not receive a refund for the sales tax paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. For questions about the sales tax on your invoice, please contact us.
Tax Exempt Purchases
If Customer is making a purchase for a tax-exempt organization or is an individual that qualifies for a tax exemption, please contact +1 647 799 0585. To ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.
Retention of title
Derbystar Canada retains title to all products until the Customer has paid in full all amounts owed to Derbystar Canada in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
Maintenance of products
The washing and maintenance instructions indicated on the tags of the products are pointed out to the Customer. Derbystar Canada does not bear costs or compensate any damage occurring to products due to improper handling.
Ball care is indicated below for Customer:
Derbystar Canada does not bear costs or compensate any damage occurring to balls which do not adhere to the ball care requirements.
The Customer has a right to dissolve the sales contract as per the terms set forth below, provided that the order has not yet been shipped. The Customer is not obliged to include the reason for dissolving the sales contract. If the order has been shipped, the dissolution shall be made by return of the unused products within fourteen (14) days of receipt of the products by the Customer to Derbystar Canada. The Customer is not entitled to dissolve the sales contract after shipping has occurred on items with a reduction of 20% or more off the regular retail price.
The Customer bears the direct costs and risks of the returned products. The Customer is entitled to return products delivered in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within thirty (30) days after you notice the defect. In the event that your claim is justified, the purchase price and shipping costs will be refunded. In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment. In practice when returning, you will use our logistics provider. For replacement shipments, as the costs incurred by us for these return shipments are equal to the costs of sending the goods to you, we will not refund the costs you originally paid for delivery.
A right of dissolution does not exist with regard to products made according to the Customer’s specifications, which are personalised or which are not suitable for return due to their nature and/or constitution.
If the Customer exercises his/her right of dissolution, (s)he is obliged to return the products as soon as reasonably possible but at least within fourteen (14) days of the dissolution.
Derbystar Canada has the right to refuse a return for items that have been (mis)used or tampered with. Visual examination of the products is permitted, however once the item has been worn or used, it is not accepted for return.
The return of the products shall, as much as possible, include the original packaging, In case of an effective return, payments already received are to be refunded.
In case a Customer wishes to file a written complaint regarding any part of concluding or executing a sales contract, Customer is entitled to do so at the following address:
Derbystar Canada Inc., 150 Trowers Rd, Woodbridge, ON, L4L 5Z4
In case a Customer wishes to file a verbal complaint regarding any part of concluding or executing a sales contract following an order made by Customer via the Website, Customer is entitled to do so at the following telephone number: +1 647 799 0585
Delivery is made to the address stipulated by the Customer. Applicable to Canadian address only. Derbystar Canada reserves the right to deliver products ordered partially. If agreed in writing by Derbystar Canada, you may be able to request pick up or discounted delivery rates on bulk orders.
Products shall only be dispatched to the Customer after full payment has been received by Derbystar Canada unless otherwise specified on invoice.
If the Customer does not pay any amount s/he owes pursuant to the foregoing, s/he is in default without notice. As soon as the Customer is in default on any payment, all Derbystar Canada’s remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims.
All disputes existing or arising between parties shall be heard exclusively by the competent Ontario court, unless the law provides for a mandatory other forum.
Derbystar Canada is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of Derbystar Canada or its own employees. Derbystar Canada is not liable for loss of profits.
In all cases in which Derbystar Canada is obliged to pay compensation for damages, this will never be higher than, at its option, either the invoice value of the product delivered to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of Derbystar Canada, the amount that is actually paid out by the insurer with respect thereto.
Derbystar Canada shall not be liable for damage incurred by a third party resulting from the use of any of our products. Derbystar Canada shall not be liable for damage incurred by you as a result of your improper use of any of our products.
Any claim towards Derbystar Canada, except those recognized by Derbystar Canada, lapses after a period of 12 months from the time the claim arose.
Derbystar Canada is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in the provision to Derbystar Canada of parts, goods or services ordered from third parties other than by circumstances to be imputed to Derbystar Canada, accidents and interruptions of business operations.
In the case of force majeure on the part of Derbystar Canada, its obligations are suspended. If the force majeure lasts longer than three months, Derbystar Canada and the Customer are both authorised to rescind the non-feasible parts of the agreement by a written declaration.
The Customer acknowledges that Derbystar Canada is and remains the sole and exclusive owner of all trade names, trademarks, brand names, domain names, patents, copyrights, database rights, registered and unregistered designs and other proprietary trademarks of Derbystar Canada. The Customer is not allowed to use or reproduce any such trade marks or trade names as this may constitute an infringement of the Derbystar Canada’s rights.
In particular, the Customer shall not register or use Derbystar Canada’s proprietary rights in any manner whatsoever.