These General Terms and Conditions (later referred to as “T&Cs” or “Terms”)  apply to the use of www.vidaxl.ca website, operated by vidaXL Marketplace LTD (later referred to as ”vidaXL”). vidaXL.ca., and our subsidiaries are referred to collectively in these Terms as "vidaXL," "vidaXL Websites," "We" or "Our."   These Terms are provided in English and French with both versions having the same legal force.

You accept that the use of this website and any transaction made via the website, is subject to these Terms (as well as any other applicable terms. vidaXL advises that you read these T&Cs carefully and thoroughly and print a copy for future reference. By browsing, using, registering, with or completing any transaction via our website, you confirm that you have read, understood and agree to these T&Cs. You will refrain from using the website in the event you would disagree with any provisions herein. These Terms are subject to change at any time, with notice provided by vidaXL.

 

Contents

ARTICLE 1 – DEFINITION

ARTICLE 2 – IDENTITY OF THE SELLER

ARTICLE 3 - APPLICABILITY

ARTICLE 4 – THE OFFER

ARTICLE 5 – THE AGREEMENT

ARTICLE 6 – THE PRICE

ARTICLE 7 – PAYMENT

ARTICLE 8 – DELEVERY AND CONTRACT PERFORMANCE

ARTICLE 9 – ORDER CANCELLATION

Article 10 – COMPLIANCE WITH AGREEMENT AND GUARANTEES

ARTICLE 11 – DATA PROTECTION

ARTICLE 12 – INTELLECTUAL PROPERTY

ARTICLE 13 – CONTACTING VIDAXL

ARTICLE 14 – APPLICABLE LAW AND COMPETENT JURISDICTION

ARTICLE 15 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS AND CHANGES TO AND/OR SUSPENSION OF SERVICES

ARTICLE 1 – DEFINITION

In these terms and conditions, the following definitions apply:

Consumer	The natural person who does not act in the exercise of a profession or business and who enters into a distance contract vidaXL (hereinafter referred to as “buyer”);
Contract	The purchase agreement between vidaXL and the Buyer for the purchase of goods after said purchase was confirmed by vidaXL as described in the present Terms and Conditions;
Day	Monday, Tuesday, Wednesday, Thursday and Friday;
Distance contract	An agreement in which, within the framework of a system organized by vidaXL for the distance sale of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Offer	Refers to the display of goods by vidaXL on vidaXL.ca;
Order	Refers to request form a Buyer to purchase a product displayed on vidaXL.ca which orders are subject to vidaXL’s acceptance to have legal force;
Right of cancellation	The option offered by vidaXL to the Buyer to cancel the purchase of articles purchased through the distance selling contract, the condition of which is explained on dedicated pages and parts;
Right of cancellation period	The period within which vidaXL allows the buyer to   withdraw from the contract;
Technique for distance communication	Means that can be used for concluding an agreement, without the buyer and vidaXL meeting simultaneously in the same room;

ARTICLE 2 – IDENTITY OF THE SELLER

Name of entrepreneur: vidaXL

trading under the name(s): vidaXL Marketplace LTD

Registration Address and mail: 300-989 Granville Street, Vancouver BC V6Z 1L3, CANADA – No package returns will be accepted at this address.

Telephone number: 1-226-828-9843

E-mail address: webservice.en@vidaxl.ca

ARTICLE 3 - APPLICABILITY

1. These Terms apply to every product displayed for offer by vidaXL on vidaXL.ca and to every distance contract concluded between the Buyer and vidaXL.
2. Prior to concluding any contract, the present general terms and conditions are made available to the Buyer on vidaXL.ca and they can be downloaded free of charge and saved by the Buyer on a durable medium for future reference. Upon request, vidaXL can also provide these terms by email or any other digital medium.
3. In the event that specific product conditions apply in addition to these general terms and conditions, the Buyer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

ARTICLE 4 – THE OFFER

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Buyer. vidaXL uses best efforts to display images which are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on vidaXL. Despite vidaXL’s best efforts, any photos displayed on the website are for illustrative purposes and some minor discrepancies may appear. In order to obtain an accurate description of any products, the Buyer is advised to thoroughly read the description.
3. Each offer contains such information that it is clear to the Buyer what rights and obligations are attached to the acceptance of the offer.

ARTICLE 5 – THE AGREEMENT

1. An order from the Buyer shall be considered a proposal to purchase the product subject to this order. If the Buyer orders multiple products, each product should constitute an independent proposal to purchase.
2. The Buyer acknowledges having benefited from the opportunity to accept or decline any part of the offer to be placed as well as correct any errors. Upon submitting its offer, the buyer recognizes that modifying the provided information may not be possible in some circumstances at a later stage.   
3. vidaXL will confirm the acceptance of the order by email. No agreement shall be deemed concluded prior to said confirmation being received by the Buyer. However, and despite vidaXL’s best effort to fulfill the orders, vidaXL reserves the right to cancel an accepted offer at its own discretion subject to refunding the Buyer.
4. vidaXL will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. vidaXL will observe appropriate security measures.
5. To the extent authorized by law and required by due diligence, vidaXL reserves the right to gather information on the Buyer’s creditworthiness/solvency as well as any other substantial information necessary to ensure the appropriate fulfillment of the contractual obligations. If, on the basis of this investigation, vidaXL has good reasons not to enter into the agreement, vidaXL is entitled to refuse an order or subject the later to special conditions.
6. At the latest upon delivery of the product to the Buyer, vidaXL will have made available or sent the following information:

• The present terms and conditions;
• The information on right to cancellation, guarantees and return policies;
• the conditions under which and the manner in which the consumer can make use of any of his rights covered by the present; the information about warranties and existing after-sales service;
• the price including all taxes of the product,
• to the extent applicable, the costs of delivery; and
• the method of payment, delivery or performance of the distance contract.

ARTICLE 6 – THE PRICE

1. vidaXL reserves the right to change any prices, discounts and promotions without notice.
2. The price charged for a product or service will be the price advertised on the website at the time the order is placed and will be displayed at checkout.
3. Displayed prices will not include taxes. All taxes will be added to your total price and will be displayed in your shopping cart, at checkout and in your order confirmation.
4. Although vidaXL makes best effort to display accurate information, vidaXL may make typographical or obvious errors or omissions to pricing and product availability. Any such error may be corrected by vidaXL and orders affected by said errors may be cancelled. vidaXL will comply with all price specifications applicable to Canada.

ARTICLE 7 – PAYMENT

1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the Buyer must be paid at the time of placing the order. The Buyer acknowledges that collection of the complete payment does not amount to acceptance of the order by the Seller which order may still be subject to cancellation by vidaXL.
2. The Buyer has the obligation to immediately report inaccuracies in the payment details provided or stated to vidaXL. 
3. The payment methods offered on vidaXL.ca are listed and described on the page.
4. The Buyer must immediately report inaccuracies in the payment details provided or stated to vidaXL.
5. In any event, vidaXL will not bear any responsibility for any additional fees imposed by the Buyer’s bank.

ARTICLE 8 – DELEVERY AND CONTRACT PERFORMANCE

1. Delivery costs are included in the prices paid by the Buyer when placing an order.
2. vidaXL will take the greatest possible care when receiving and executing orders for products.
3. The place of delivery is the address that the Buyer has made known to vidaXL and must be located within Canada. Delivery may not be available in all parts of Canada. Further information is provided at checkout and on the dedicated page. The Buyer is responsible for the accuracy of information the Buyer provided.
4. The Buyer shall ensure to be available at the moment of delivery or that the service provider responsible for the delivery will be able to access the location of delivery. vidaXL does not offer in-home deliveries.
5. With due observance of what is stated in other articles of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
6. After dissolution in accordance with the previous paragraph, vidaXL will refund the amount paid by the Buyer.
7. The risk of damage and/or loss of products rests with vidaXL until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

ARTICLE 9 – ORDER CANCELLATION

1. Except where otherwise provided by law and in article 9.10 of the present T&Cs, Buyers can ask for an exchange or a refund of the Products they purchased within 30 days from receiving the product. In order to benefit from this right, the Buyer must return the products in their original packaging. More information can be found on the dedicated page.
2. The right to return will only be granted based on the below cumulative conditions:
   • The Buyer handles the product and the packaging with care. The Buyer will only unpack the product and inspect the Product to the extent necessary to determine the nature, characteristics and functioning of the product like he would be entitled to in a store.
   • The Buyer will be liable for any depreciation of the product resulting from a breach of the above referred requirement.
3. In order to make use of its right of cancellation, the Buyer should contact vidaXL’s customer service through one of the provided means of contact.  
4. The Buyer will be responsible for making the product available for collection as described in the Cancellation and Return Policy and agreed upon with vidaXL’s Customer Service. Goods returned outside of this policy will not be accepted by vidaXL.
5. The Buyer returns the product with all accessories supplied if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instruction provided by vidaXL.
6. The risk and the burden of proof for the correct and timely exercise of the right of cancellation lies with the Buyer.
7. Unless otherwise provided by law, the Buyer bears the direct costs of returning the product when exercising his right to cancel his purchase.
8. Except where otherwise provided, vidaXL will reimburse all payments to the Buyer without delay following the day on which the Buyer notifies vidaXL of the wish to cancel the order. Unless vidaXL offers to collect the product, vidaXL reserves the right to postpone the refund until receipt of the product or until the Buyer demonstrates that he has adequately returned the product, whichever is earlier.
9. Unless otherwise provided in other terms or agreed upon between the Buyer and vidaXL, vidaXL will use the same payment method for reimbursement that the one used by the Buyer when purchasing the product. vidaXL will not charge any fees when refunding but will not bear responsibility for fees charged by third parties.
10. Notwithstanding the above, the following products will not be accepted for returns or refunds:
    • Assembled products;
    • Products which prices depends on fluctuations of the market;
    • Personalized goods;
    • Goods with a short shelf-life;
    • Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
    • newspapers, periodicals or magazines, with the exception of subscriptions thereto;
    • Goods which cannot be returned for health or hygiene reasons (mattresses, underwear, shower-gel, etc.);
    • Goods which have been integrated in other products after delivery;
    • Contracts concluded at public auctions;
11. The above shall in no event be interpreted as restricting consumer rights applicable to specific provinces or territories and shall only be understood as an additional service offered by vidaXL.

Article 10 – COMPLIANCE WITH AGREEMENT AND GUARANTEES

1. vidaXL guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement, local and/or federal laws and regulations.
2. Without prejudice to any applicable law and where a product would not comply with the terms of the purchase contract within the 24 months, vidaXL reserves the right to choose to repair or exchange the product, offer a partial refund or a full refund provided prior return of said item.
3. Any right to a guarantee is excluded in the event of misuse, negligence, lack of maintenance or repairs by a third party without vidaXL’s prior authorization. The guarantee shall also be discarded with regards to normal wear and tear of the good, accident or case of force majeure as defined under applicable local and/or federal Canadian Law.

ARTICLE 11 – DATA PROTECTION

1. When using the website and/or placing an order, vidaXL may collect personal information about you. This information will be collected, used and disclosed in accordance with applicable laws and our Privacy Policy and Cookie Statement.

ARTICLE 12 – INTELLECTUAL PROPERTY

1. The content of the website www.vidaXL.ca is the property of vidaXL and its partners and is protected by Canadian laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
2. The buyer or visitor shall refrain from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller.

ARTICLE 13 – CONTACTING VIDAXL

1. Where applicable, the Buyer may submit any complaint by contacting the company using the following contact details:

by e-mail: webservice.en@vidaxl.ca, 

by chat,

By phone at 1-226-828-9843,

2. Upon receipt of a complaint by vidaXL, vidaXL will make every effort to respond within a reasonable time and in no event later than 14 days following receipt of said complaint.
3. In the event of a dispute between vidaXL and the Buyer, the Parties expressly undertake to seek an amicable solution before initiating any other procedure.
4. Complaints about the implementation of the agreement must be submitted fully and clearly described to vidaXL within a reasonable time after the Buyer has discovered the defects but no later than 2 months following the discovery. 

ARTICLE 14 – APPLICABLE LAW AND COMPETENT JURISDICTION

1. The relationships between vidaXL and the Buyer are ruled by these terms and conditions, any other terms available on the website and are subject to the application of the laws of British Columbia.  Where applicable, consumers may rely on more protective provincial law of residency of said consumer.
2. The competent jurisdiction shall be the Courts of Canada.

ARTICLE 15 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS AND CHANGES TO AND/OR SUSPENSION OF SERVICES

1. vidaXL reserves the right to make changes to these Terms and Conditions from time to time and will make the latest version available on vidaXL.ca.
2. Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that the provisions applicable to an order are the ones which were in force at the time of purchase by the Buyer.  
3. The Buyer is entitled to request vidaXL to provide him with the applicable Terms and Conditions.
4. vidaXL reserves the right to temporarily or permanently stop providing the services and goods offered through the website. vidaXL cannot be held liable for discontinuing any service or good provided.