Welcome to www.pyrogenesis.com / shop.pyrogenesis.com (collectively the “Website”).
The terms and conditions set forth below (“Terms”) constitute a binding agreement between you (“you” or “your”) and PyroGenesis Canada Inc., a corporation incorporated under the laws of Canada, with its head office at 1744 William Street, Suite 200, Montreal, Quebec, Canada, H3J 1R4 ( “us” “our”, “we” or “PyroGenesis”), and govern your use of this Website and the purchase of products through this Website (“Product(s)”).
BY USING THIS WEBSITE AND/OR PLACING AN ORDER THROUGH THIS WEBSITE, YOU ACCEPT TO BE BOUND BY THESE TERMS AS WELL AS THOSE STATED IN OUR PRIVACY POLICY, INCLUDING: ALL DISCLAIMERS OF WARRANTIES; DAMAGES AND REMEDY EXLUSIONS; LIMITATIONS TO LIABILITY AND; CHOICE OF GOVERNING LAW AND ELECTED JURISDICTION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR THOSE OF OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, DO NOT USE THIS WEBSITE OR PLACE ANY PURCHASE ORDER FOR PRODUCTS THROUGH THIS WEBSITE.
If you have any questions about these Terms or the Privacy Policy, please contact us via the contact information provided on our Contact Us page on the Website.
- USE OF OUR WEBSITE TO PLACE A PRODUCT ORDER
By using this Website or placing a Product order through this Website, you agree and warrant that:
- You are at least 18 years old and are legally capable of entering into binding contracts.
- You are solely responsible for providing complete and accurate email, postal and/or other contact or payment information needed and requested to enable the processing and confirmation of your Product order and the shipment thereof.
- Purchase receipts will be provided electronically only. Paper copies of receipts will not be provided.
- AVAILABILITY OF PRODUCTS
All Product orders are subject to availability. Should you place an Order for a Product that is no longer available, we will advise you of the unavailability of the Product and refund the amounts that you have paid in respect thereof.
- WITHDRAWL OF PRODUCTS / MODIFICATIONS TO WEBSITE
We reserve the right to withdraw any Product from the Website at any time and/or remove or edit any materials or content on the Website at any time, without notice.
While we will make reasonable efforts to process all Product orders, there may be exceptional circumstances that may require us to refuse to process a Product order after we have sent you an order confirmation, and we reserve the right to refuse to process a Product order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any Product from the Website, whether it has been sold or not, removing or editing any materials or content on the Website or for refusing to process or accept a Product order after we have sent you the order confirmation.
- DELIVERY
Products offered through this Website are only available for delivery to addresses in Canada and in the United Stated. The identity of the shipper will be provided in the shipment confirmation.
We will endeavor to fulfill your order for Product(s) by the delivery date set out in the shipment confirmation or, if no estimated delivery date is specified, within thirty (30) days of the date of the shipment confirmation. Customized or special items may take longer.
If, for any reason whatsoever, we cannot meet the delivery date indicated in the shipment confirmation, you will be informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the Product order with a full refund of the price paid.
For the purposes these Terms, the Products shall be deemed to have been “delivered” upon receipt of the Product(s) at the designated delivery address.
- SHIPPING FEES, DUTIES AND TAXES
| Country | Shipping Fee |
| CANADA | $25 |
| U.S. | $25 |
The shipping fees indicated above apply to all Product orders.
In addition to paying the shipping fee above, if the Product(s) ordered are to be delivered to the United States, you shall be solely responsible to pay any stamp, issue, registration, documentary and other similar fees, duties and taxes, including interest and penalties, payable in the United States on or in connection with the delivery.
- RISK AND TITLE
The Product(s) will be at your risk from the time of delivery. Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s).
- PRICE AND PAYMENT
The total cost of an order is the price of the Product(s) ordered plus the delivery charge and sales taxes (if applicable) will be listed for your review before you place your Product order. All prices are in Canadian Dollars (CAD).
Sales taxes are to be charged according to the shipping address provided in your Product order or as provided in applicable law and regulations.
Payment of Product orders can be made by Visa or MasterCard, only. Upon receiving your order we will seek a pre-authorization on your card to ensure there are enough funds to complete the transaction.
By clicking on the “Finalize Order” button, you are confirming that the credit card used for the Product order is yours. Credit cards are subject to validation checks and authorization by the credit card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
We use STRIPE to ensure payment is made safely. To reduce the possibility of unauthorized access, the details of your card will be encrypted.
- LIABILITY AND DISCLAIMERS
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE WEBSITE INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE WEBSITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS, OR CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY PRODUCT, INFORMATION OR CONTENT FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE WEBSITE, WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY NON-PYROGENESIS SITES OR MOBILE APPS TO WHICH YOU MAY BE DIRECTED OR HYPERLINKED FROM THE WEBSITE. HYPERLINKS ARE INCLUDED SOLELY FOR YOUR CONVENIENCE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY, AVAILABILITY, SUITABILITY OR SAFETY OF INFORMATION PROVIDED IN SUCH NON-PYROGENESIS SITES OR MOBILE APPS.
IN NO EVENT SHALL PYROGENESIS, ITS AFFILIATES, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR RESPECTIVE CONTENT OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE AND THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF PYROGENESIS OR ITS AFFILIATE OR THEIR RESPECTIVE REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- INTELLECTUAL PROPERTY
The Website, including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), are the property of PyroGenesis or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws.
Except as otherwise provided on the Website, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Website, in whole or in part, for any public or commercial purpose without the specific prior written permission from PyroGenesis.
We grant you a personal, limited, non-exclusive, non-transferable license to access the Website and to use the information and services contained on the Website. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Website including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Website we may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
- INDMENIFICATION
You agree to defend, indemnify and save and hold PyroGenesis, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Website, your violation of these Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
- BINDING NATURE; ASSIGNMENT
These Terms and our Privacy Policy are binding on you and us and on our respective heirs, successors and assigns and, as indicated herein, are for the benefit of PyroGenesis, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms or our Privacy Policy without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms and our Privacy Policy, or any of our rights or obligations arising under them, at any time.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; or
- any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
- WAIVER
No failure of PyroGenesis to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- SEVERABILITY
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them or contained on or published on our Website, including, represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
- OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms at any time. You will be subject to the Terms and PyroGenesis policies in force at the time that you order Products from us or use the Wesiite. Your use of the Website after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and PyroGenesis policies in force at the time that you order products from us.
- LAW AND JURIDICTION
Any disputes arising out of or relating to these Terms, the Privacy Policy, use of the Website, the Products sold on the Website shall be resolved in accordance with the laws of the Province of Quebec without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms or your access to or use of the Website must be brought before the courts of the Province of Quebec in the District of Montreal, Quebec and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
Insofar as it is permitted under applicable law of the province of your residence, you agree that any claim or cause of action arising out of or related to use of the Website, these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- MISCELLANEOUS
You acknowledge and agree that your use of the Website may involve you providing an “electronic signature” indicating your desire to use the Website. Your “electronic signature” indicates your acceptance of these Terms and those of the Privacy Policy, and your consent to receive communications about these Terms electronically.
- QUESTIONS AND FEEDBACK
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage.