TERMS AND CONDITIONS
September 23, 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING the www.buds2go.ca website operated by the team of Buds2go.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these Terms and Conditions, you warrant and represent that you are at least 18 years of age.
THE LEGAL AGREEMENT SET OUT BELOW GOVERNS YOUR USE OF THE BUDS2GO SITE. TO AGREE TO THESE TERMS, CLICK “AGREE,” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICES.
PLACING YOUR ORDER
You may place an Order by becoming a member on the Buds2go website by clicking the “Join” button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Buds2go website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Buds2go will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email. Buds2go reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by telephone and/or email.
PAYMENT METHODS AND PROCESSING
Buds2go currently accepts E-Money transfer/interact E-Money transfer (EMT). Order processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin order processing until the next business day. Business days are Monday through Friday, excluding NSW Public holidays. We process EMT payments and email a tax invoice to you with your Order Confirmation after your payment has been confirmed. Your tax invoice is your proof of purchase.
- We are currently unable to accept credit cards
- Any purchase made outside of Canada will be refused
You agree that you will pay for all Products you purchase through the Services, and that Buds2go may charge your payment method for any products purchased and for any additional amounts (including any taxes varying in provinces, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBL FOR THE PAYMENT OF ALL FEES ONCE PROVIDING BUDS2GO A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed, please contact [email protected].
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the you purchase the Product(s). We will charge tax depending on provinces where Products are purchased.
All sales are final.
Prices for Products offered via the Services may change at any time, and the Services do not provide any additional promotion or price reduction on any sale Product(s).
If a Product becomes unavailable following a transaction prior to a purchase, your sole remedy is a refund or exchange. If an unreasonable delay delivery of your Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Buds2go.
TITLE TO AND RISK IN GOODS
Title to all goods will pass to you on the later of:
- Buds2go being satisfied of the outcome of any credit, refund, replacement and exchange in relation to a customer or their purchase;
- A complete and accurate order being placed and submitted by you to Buds2go; and
- The successful processing of your payment
Unless you have the [mandatory] signature sticker at the time of placing your order, you assume all risks of theft or loss of goods occurring during transportation and delivery.
Buds2go always seeks to list Products with the most competitive prices. Buds2go reserves the right to change prices for Products displayed at Buds2go at any time before you place an Order. The price of the products shown excludes shipping cost. Shipping cost is a separate charge, which is shown on the product page and is calculated upon postcode entry.
Please note that promotional prices do not apply to bulk or any other order(s).
SUPPLY OF YOUR PRODUCTS
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item, including a tracking number for your Order.
DELIVERY OF YOUR PRODUCTS
Delivery time takes up to 2-3 business days from the date your payment is received. Estimated delivery times will be displayed at the check out for your Product(s). Buds2go makes every effort to deliver your Product according to estimated delivery times provided by Buds2go at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. Although, every effort is made to ship your Order according estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us at [email protected]. We encourage you to visit the “Your Account” section on our website to view the delivery status of your Products. Unless otherwise agreed by us, we will deliver your Product(s) to the address indicated on your Order Confirmation. If no one is available to take delivery of your Product(s), our carrier (Post Canada) will leave a notice card so you can pick-up your Product from your local Post Office.
We want your Product(s) to arrive quickly and the best shipping rate we can offer. Shipping charges are calculated based on product size and the geographical region of the delivery address.
REDEEMABLE POINTS FOR PURCHASE DISCOUNTS
Once becoming a member, new customers receive 10 Budbucks for signing up, 500 Budbucks for reviews on a Product page and 1 Budbuck per dollar on every purchase. You have the right to use your Budbucks at checkout. However, Budbucks and Coupons cannot be combined.
- Budbucks to all past purchases are applied;
- Budbucks can be found on “Your Account” dashboard.
Buds2go in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers. Coupons can only be used towards the payment of Products on our website. Each coupon can be used only once and only one Coupon per order will be accepted. Any product(s) on sale omits the use of any Coupon. Any of Terms and Conditions governing the use of a Coupon will accompany that Coupon. Buds2go will determine the content of Terms and Conditions governing Coupons in its absolute discretion.
Where a Coupon is used towards the payment of a Product:
- There may be an outstanding balance due on the Product; and
- Where you hold and BudBucks within “Your Account,” they must first be applied towards any outstanding balance due on the Product; and
- In the event that you have insufficient (or no) Budbucks in “Your Account,” they must then be applied towards any outstanding balance due on the Product.
- In the event that you have insufficient (or no) Budbucks in “Your Account,” you must thereafter pay any outstanding balance due on the Product(s) by EMT.
If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a product has a major defect, you are entitled to:
- Reject the goods and receive a refund
- Reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
- Keep the goods and receive compensation for the drop in value caused by the problem.
This also applies for any Product that is lost in Transit during delivery if you’ve accepted the [mandatory] signature request. If you think that a Product is defective you should contact our Customer Service Help Center on Live Chat and/or [email protected] a Buds2go Customer Representative will assist your claim. Where a Product is defective and needs to be replaced or repaired returned shipping would be arranged at the expenses of Buds2go. Please read Additional Buds2go Warranties that also apply to defective products.
ADDITIONAL BUDS2GO WARRANTIES
Buds2go offers a guaranteed 2-3 business day delivery warranty. If you believe that your Products is lost in transit, missing a Product(s) or is being returned to sender for unknown circumstances, you should contact us by email [email protected], live chat in our Customer Service Help Center or phone (604) 674 0390. We encourage the notification of claims under this warranty a once your Order has missed its estimated time delivery or a day after delivery. When a claim is notified within that time and we determine that the product is lost or defective. Where claims are made more than 3 days after delivery, we will require details of the concern along with full details about the way the Product has been used before authorising the return of the product. You will be asked to upload a picture of the Product and Your Order that is being issued a claim. Where a product is authorised for return Buds2go will pay for the cost of returning the product. Our goods come with guarantees once you’ve accepted the [mandatory] signature request. However, you are entitled otherwise to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Replacement Products are covered by the same Buds2go warranty as that applicable to the original product. They are also covered by Consumer Guarantees (see Consumer Guarantees above).
RETURNING A PRODUCT
RETURN AUTHORISATION NUMBER – A MUST HAVE
A Return Authorisation (RA) number is required for replacement Products and refunds. Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be packed in the original, unmarked package including any accessories that was shipped with the Product. If the accessories and/or package have been tempered with, only a partial credit will be applied.
ORGANISING A RESHIP ON PRODUCTS
Buds2go will pay for reshipped items automatically if you notify us of your claim with a day after delivery. You must make a claim with the RA number that was given by a Customer Representative. You must upload a picture of the unopened packaged in its sealed bag of the missing Product and/or defective Product. We will notify you when we’ve determined that the Product is missing and/or defective. Customer Service will email you a PDF voucher containing the RA of the Product that is being affixed.
WHEN A REPLACEMENT PRODUCT IS ARRANGED
- A replacement for the same Product that you ordered will be shipped to the delivery address on the original order our expense after we have received a confirmation claim on your Product.
- The delivery time for the replacement product will be the same as stated for the original Product.
- Consumer Guarantees apply to all replacement Products.
YOUR DATA – USE AND PROTECTION
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, in order to provide you with information from time to time on other Buds2go Products that may be of interest to you. If you do not agree to our using such data in order to provide you with the information on other Buds2go Products, please contact out Technical Support on Live Chat. You may obtain a copy of data held by us concerning you on request in writing. If any data held by us concerning you is incorrect, we will correct it on your written request.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, questions, reviews, comments, and suggestion (collectively, “Submission”) is and will be treated as nonconfidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform works such Submissions by any means and in any form, and to translate and modify such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments and other Content by us will not infringe upon or violate the rights any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submission or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Buds2go. Any unauthorised assignment shall be deemed null and void. If any provision of the Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Terms or Condition constitutes a waiver such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Buds2go reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to you are those on our website at the time you order A Product. No Buds2go employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
To the extent permitted by law, Buds2go is not liable for any delay in performing any of its obligations under these terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Buds2go, and Buds2go shall be entitled to a reasonable extension of time for the performance of such obligations.
Buds2Go Affiliate Program Terms of Service
By signing up to be an Affiliate in the Buds2Go Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Buds2Go reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in Canada to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be deleted without notice.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Buds2Go cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Buds2Go product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Buds2Go. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Buds2Go. You must ensure that each of the links between your site and the Buds2Go properly utilizes such special link formats. Links to the Buds2Go placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Buds2Go product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://www.buds2go.ca and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $50 in affiliate income. If your affiliate account never crosses the $50 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $50 threshold.
Identifying yourself as a Buds2Go Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Buds2Go or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $50, you’ll be paid each month. If you haven’t earned $50 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libellous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://www.buds2go.ca, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Buds2Go reserves the right to end the Program at any time. Upon program termination, Buds2Go will pay any outstanding earnings accrued above $50.
Buds2Go, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Buds2Go service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Buds2Go reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Buds2Go will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of Canada, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Buds2Go to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Buds2Go and govern your use of the Service, superseding any prior agreements between you and Buds2Go (including, but not limited to, any prior versions of the Terms of Service).