1. ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our
Terms and Conditions (“Terms”). The Terms are a legally binding contract between you
and HAK Fluid Power Equipment LTD. This contract sets out your rights and
responsibilities when you use our website. Please read them carefully.
2. CHANGES
HAK Fluid Power Equipment LTD may amend the Terms at any time by posting a
revised version on our website. The revised version will be effective at the time we post
it.
3. INTERPRETATION AND DEFINITIONS
3.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions.
The following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
3.2 Definitions
For the purposes of this Return and Refund Policy:
You mean the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or using the
Service, as applicable.
Company (referred to as either \"the Company\", \"We\", \"Us\" or \"Our\" in this
Agreement) refers to HAK pneumatic, 1570 Midland Ave. Unit #9.
Service refers to the Website.
Website refers to HAK Pneumatic Canada, accessible from
www.hakpneumatic.com
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
4. PRICE AND PAYMENT
4.1 The price of the products will be as stipulated at all times on our website, except in
the case of an obvious error. Although HAK PNEUMATIC makes every effort to ensure
that the prices featured on the website are correct, error may occur. If HAK
PNEUMATIC discovers an error in the price of any of the products that you have
ordered, we will inform you as soon as possible and give you the option of confirming
your order at the correct price.
4.2 Prices may change at any time. Once you have selected all articles that you wish to
buy, they will be added to your basket. The next step will be to process the order and
make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore,
throughout the purchase process, before payment, you can modify the details of your
order.
4.3 Credit cards are subject to verification and authorization by the card issuing
entity. If the entity does not authorize the payment, All Aboard Phonics shall not be
liable for any delay or failure to deliver and we will be unable to conclude any Contract
with you.
5. AVAILABILITY OF PRODUCTS
All product orders are subject to availability. Along this line, if there are difficulties
regarding the supply of products or there are no more items left in stock, we will
reimburse any amount that you may have paid.
6. WARRANTIES AND LIABILITIES
6.1 HAK PNEUMATIC does not guarantee that (i) the site will be secure or available at
any particular time or location, (ii) any defects or errors will be corrected, (iii) the site
will be free of viruses or other harmful materials, or (iv) the results of using the site
will meet your expectations.
6.2 If, at any time, our site is unavailable or any defects or errors occur, we are, at our
own discretion, entitled to take any measures we deem appropriate or necessary.
When we make decisions around this, we will always take into account the interests of
all parties concerned.
7. INDEMNIFICATION
You agree that you will be responsible for your use of the website, and you agree to
defend and indemnify HAK PNEUMATIC from and against every claim, liability,
damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out
of or in any way connected with: (i) your access to, use of, or alleged use of, the
website; (ii) your violation of any portion of these Terms, any representation, warranty,
or agreement referenced in these Terms, or any applicable law or regulation; (iii) your
violation of any third party right, including any intellectual property right or publicity,
confidentiality, other property, or privacy right; or (iv) any dispute or issue between
you and any third party.
8. LIMITATIONS OF LIABILITY
In no event will HAK PNEUMATIC be liable to you for any indirect, incidental, special,
consequential or punitive damages (including damages for loss of profits, goodwill, or
any other intangible loss) arising out of or relating to your access to or use of, or your
inability to access or use, the website or any materials or content available through
the website, whether based on warranty, contract, tort (including negligence), statute,
or any other legal theory, and whether or not HAK PNEUMATIC has been informed of
the possibility of damage.
9. DISPUTE RESOLUTION
The parties herein shall initially attempt to resolve all claims, disputes or controversies
arising under, out of or in connection with this terms and conditions by conducting
good faith negotiations amongst themselves. If the parties hereto are unable to resolve
the matter following good faith negotiations, the matter shall thereafter be resolved by
binding arbitration.
10. COPYRIGHTS
The content provided through HAK PNEUMATIC, including but not limited to, the text,
data, images, software, manuscripts, graphics, photographs, music, sounds, videos,
interactive features, blogs, posts, feedback, messages, tags and other materials
(collectively, \"Content\") and the trademarks, service marks and logos contained therein
(\"Marks\") are owned by HAK PNEUMATIC, subject to copyright and other intellectual
property rights under our laws and international conventions. All Content is provided
to you solely for your information and personal, non-commercial use. You agree to not
engage in the use, copying, or distribution of any Content other than as expressly
permitted herein.
11. USER CONDUCT
You may not use, or encourage, promote, facilitate, instruct or induce others to use,
the website or website services for any activities that violate any law, statute,
ordinance or regulation; for any other illegal or fraudulent purpose or any purpose
that is harmful to others; or to transmit, store, display, distribute or otherwise make
available content that is illegal, fraudulent or harmful to others.
12. GOVERNING LAW
This terms and conditions and any claim, controversy or dispute arising under or
related to this terms and conditions shall be governed by and construed in accordance
with the internal laws of the province of Ontario, Canada applicable to terms &
conditions made and to be performed in such jurisdiction without regards to conflicts
of law principles thereof.
13. RETURN & REFUND POLICY
If, for any reason, you are not completely satisfied with a purchase HAK PNEUMATIC
invites you to review our policy on refunds and returns.
13.1 Your Order Cancellation Rights
You are entitled to cancel Your Order within 14 days without giving any reason for
doing so.
The deadline for cancelling an Order is 14 days from the date on which you received
the Goods or on which a third party you have appointed, who is not the carrier, takes
possession of the product delivered.
In order to exercise your right of cancellation, you must inform us of your decision by
means of a clear statement. You can inform us of your decision by:
By email: info@hakpneumatic.com
HAK PNEUMATIC will reimburse you no later than 14 days from the day on which we
receive the returned Goods. We will use the same means of payment as you used for
the Order, and you will not incur any fees for such reimbursement.
13.2 Conditions for Returns
In order for the Goods to be eligible for a return, please make sure that:
The Goods were purchased in the last 30 days.
The Goods were not used or damaged.
HAK PNEUMATIC reserves the right to refuse returns of any merchandise that does
not meet the above return conditions in our sole discretion.
13.3 Returning Goods
You are responsible for the cost and risk of returning the Goods to Us. You should
send the Goods at the following address:
1570 Midland Ave. #9
Ontario Canada M1P 3C3
HAK PNEUMATIC cannot be held responsible for Goods damaged or lost in return
shipment. Therefore, we recommend an insured and trackable mail service. We are
unable to issue a refund without actual receipt of the Goods or proof of received return
delivery.
14. LIMITED WARRANTY
HAK PNEUMATIC warrants only this product will be free from defects in materials and
workmanship at the time of manufacture. This limited warranty expires one year after
delivery to the end-user. HAK Pneumatics’ entire obligation to and the exclusive
remedy of any party for breach of this limited warranty shall be limited to replacement
of the defective product or refund of the original purchase price of this product.
15. DISCLAIMER OF IMPLIED WARRANTIES
All implied warranties, which may arise by implication of law or application of course
of dealing or usage of trade, including, but not limited to, implied warranties of
merchantability or fitness for a particular purpose are expressly excluded. There are
no warranties, which extend beyond the description of the faced hereof. The end user
is solely responsible for the suitability and fitness of this product selected for a
particular application.