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Version 1 February 2025
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 2 – IDENTITY OF THE SELLER
ARTICLE 8 – DELEVERY AND CONTRACT PERFORMANCE
ARTICLE 9 – ORDER CANCELLATION AND NO RIGHT OF WITHDRAWAL
Article 10 – COMPLIANCE WITH AGREEMENT AND GUARANTEES
ARTICLE 12 – INTELLECTUAL PROPERTY
ARTICLE 13 – CONTACTING VIDAXL
ARTICLE 14 – APPLICABLE LAW AND COMPETENT JURISDICTION
In these terms and conditions, the following definitions apply:
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Consumer |
The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with vidaXL (hereinafter referred to as “buyer”);
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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;
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Day |
Monday, Tuesday, Wednesday, Thursday and Friday;
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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;
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Offer |
Refers to the display of goods by vidaXL on vidaXL.ca;
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Order |
Refers to request from a Buyer to purchase a product displayed on vidaXL.ca which orders are subject to vidaXL’s acceptance to have legal force;
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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;
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Right of cancellation period |
The period within which vidaXL allows the buyer to withdraw from the contract;
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Technique for distance communication |
Means that can be used for concluding an agreement, without the buyer and vidaXL meeting simultaneously in the same room; |
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: please refer to this page.
E-mail address: please refer to this page.
3.1 These Terms apply to:
3.2 Prior to placing an order and concluding a contract, these Terms are made available to the Buyer on vidaXL.ca in a clear and comprehensible manner. The Buyer may download and store these Terms free of charge on a durable medium. Upon request, vidaXL may also provide the Terms by email or other digital means.
3.3 Where specific terms or conditions apply to a particular product or promotion (“Specific Conditions”), such Specific Conditions shall prevail only to the extent of any inconsistency with these Terms.
3.4 Nothing in these Terms or in any Specific Conditions excludes, limits, or waives any mandatory consumer rights granted under applicable federal or provincial laws of Canada. Any provision that conflicts with such mandatory law shall be deemed modified to the minimum extent necessary to comply with that law.
3.5 Any terms or conditions proposed by the Buyer that differ from or add to these Terms are expressly rejected and shall not apply unless expressly accepted in writing by vidaXL.
4.1 All product displays, descriptions, and prices shown on vidaXL.ca constitute an invitation to treat and do not constitute a binding offer. A binding contract is formed only in accordance with Article 5 upon confirmation of the order by vidaXL.
4.2 Where an offer is subject to a limited period of validity, availability, quantity restrictions, or specific conditions, this shall be expressly stated on the website or at checkout
4.3 vidaXL makes reasonable efforts to ensure that product descriptions, specifications, prices, and images are accurate and complete. However:
4.4 The Buyer is responsible for reviewing the full product description and specifications prior to placing an order. Minor variations in color, dimensions, materials, or finish that do not materially affect the intended use of the product shall not constitute non-conformity.
4.5 Each offer contains sufficient information to allow the Buyer to understand the principal characteristics of the product, the total price payable, and the main rights and obligations arising from acceptance of the offer, in accordance with applicable consumer protection laws
5.1 Any order placed by the Buyer through vidaXL.ca constitutes a proposal to purchase the selected product(s) under these Terms. Where an order includes multiple products, each product shall constitute a separate and independent proposal to purchase.
5.2 Prior to submitting an order, the Buyer is provided with the technical means to review, correct, or modify the order details, including delivery address, product selection, and quantity. The Buyer is responsible for verifying the accuracy of all information before final submission of the order.
5.3 The contract is concluded only when vidaXL expressly accepts the Buyer’s order by sending an order confirmation email. No agreement shall be deemed concluded prior to such confirmation.
5.4 Notwithstanding acceptance, vidaXL reserves the right to cancel an order, in whole or in part, in the event of:
5.5 In such cases, the Buyer shall be notified and any amounts paid will be refunded without undue delay.
5.6 vidaXL shall implement reasonable technical and organizational measures to ensure the security of electronic transactions and the protection of personal and payment data, in accordance with applicable laws and industry standards.
5.7 To the extent permitted by applicable law, vidaXL may carry out verification checks related to payment, identity, or fraud prevention. If such checks give rise to legitimate concerns regarding the execution of the order, vidaXL may refuse the order or subject it to additional verification requirements.
5.8 At the latest at the time of delivery, or by electronic means prior thereto, vidaXL will make available to the Buyer, in a clear and durable format:
6.1 All prices displayed on vidaXL.ca are shown in Canadian dollars (CAD) unless expressly stated otherwise.
6.2 vidaXL may change prices, discounts, and promotions at any time prior to the Buyer placing an order. Such changes shall not affect orders that have already been confirmed in accordance with Article 5.
6.3 The price payable by the Buyer for a product is the price displayed at checkout at the time the order is placed and submitted. The Buyer is provided with a summary of the order, including the total price payable, prior to completing the purchase.
6.4 Unless expressly stated otherwise, displayed prices do not include applicable taxes. All applicable federal, provincial, and local taxes will be calculated and clearly displayed in the shopping cart, at checkout, and in the order confirmation.
6.5vidaXL makes reasonable efforts to ensure that pricing and availability information is accurate and up to date. However, in the event of a manifest and obvious pricing error (including typographical or technical errors), vidaXL reserves the right to correct such error and to cancel the affected order prior to delivery. In such cases, the Buyer will be informed without undue delay and any amount paid will be refunded.
6.6 vidaXL complies with all applicable Canadian laws and regulations relating to price representation, promotions, and advertising.
7.1 Unless otherwise expressly stated, full payment of the purchase price is due at the time the Buyer places the order. The Buyer acknowledges that payment of an order does not constitute acceptance of the order by vidaXL. Acceptance occurs only in accordance with Article 5 upon issuance of an order confirmation.
7.2 The Buyer is responsible for ensuring that all payment information provided is accurate, complete, and up to date. The Buyer must immediately notify vidaXL of any errors or inaccuracies in the payment details provided.
7.3 The payment methods accepted by vidaXL are those made available on vidaXL.ca at the time of checkout. vidaXL reserves the right to modify available payment methods from time to time, subject to applicable law.
7.4 If payment authorization is refused, reversed, or subsequently invalidated, vidaXL reserves the right to suspend or cancel the order. In such cases, no contract shall be deemed concluded, or the contract may be terminated in accordance with Article 5, without prejudice to any refund of amounts actually received.
7.5 vidaXL shall not be responsible for any additional charges, fees, or costs imposed by the Buyer’s bank, card issuer, or payment service provider, including currency conversion fees or transaction fees.
8.1 Unless expressly stated otherwise, delivery costs are included in the total price paid by the Buyer at the time of placing the order.
8.2 vidaXL shall use commercially reasonable efforts to process and fulfill accepted orders promptly and in accordance with these Terms.
8.3 Products shall be delivered to the delivery address provided by the Buyer at the time of ordering. The delivery address must be located within Canada. Delivery may not be available in all regions of Canada, as indicated at checkout or on the relevant information pages. The Buyer is solely responsible for providing complete and accurate delivery information.
8.4 The Buyer shall ensure that the delivery location is accessible and that the Buyer or a designated representative is available to receive the delivery. vidaXL does not provide in-home delivery services. If delivery cannot be completed due to the Buyer’s failure to meet these requirements, additional delivery attempts or costs may be charged to the Buyer, where permitted by law.
8.5 Unless a different delivery period is expressly agreed, vidaXL shall deliver the products within 30 days from the date of order confirmation. If vidaXL is unable to deliver within this period, or if an order cannot be fulfilled in whole or in part, the Buyer shall be informed without undue delay.
8.6 In the event of non-delivery or material delay in delivery, the Buyer shall be entitled to cancel the affected order, in accordance with applicable law. Upon such cancellation, vidaXL shall refund all amounts paid in respect of the undelivered product(s) without undue delay.
8.7 The risk of loss of or damage to the products remains with vidaXL until the products are delivered to the Buyer or to a third party designated by the Buyer, other than the carrier, unless otherwise required by applicable law.
8.8 vidaXL shall not be liable for delivery delays caused by events beyond its reasonable control, including carrier disruptions, extreme weather, strikes, or other force majeure events, subject to applicable consumer protection laws.
9.1 No right to change your mind. Contracts concluded via the website are binding upon confirmation by vidaXL. Except where expressly required by applicable mandatory law, the Consumer does not have any right of withdrawal, return, or cancellation, including by not limited to cancellation for convenience, change of mind, ordering error, or no longer wanting the product.
9.2 Statutory cancellation rights preserved
9.2.1 Nothing in these Terms excludes, limits or waives any non-waivable rights of cancellation, refund, or remedy granted to Consumers under applicable federal or provincial consumer protection laws in Canada, including but not limited to rights arising in cases of:
9.2.2 Where such statutory rights apply, they shall apply only to the extent and under the conditions prescribed by law.
9.3 No discretionary cancellation entitled. Any request by the Consumer to cancel an order outside of the situations described in article 9.2 may, at vidaXL’s sole discretion, be considered as a gesture of goodwill. Such consideration:
9.4 The consumer’s rights in the event of delayed or failed delivery are governed exclusively by art. 8.5 and 8.6 of these terms and, where applicable, by mandatory law.
10.1 vidaXL warrants that, at the time of delivery, the products conform to the purchase contract, including the description provided at the time of sale, and comply with all applicable statutory warranties and consumer protection laws in force in Canada.
10.2 Subject to applicable law, if a product is found to be defective or non-conforming, the Buyer may be entitled to remedies such as repair, replacement, price reduction, or refund, depending on the nature of the defect and the circumstances. Where permitted by law, vidaXL reserves the right to propose the remedy that is reasonable and proportionate, taking into account the nature of the defect and the cost of the proposed remedy.
10.3 Except as required by applicable law, this Article does not provide any additional commercial warranty or guarantee beyond statutory implied warranties.
10.4 Any remedy under this Article may be refused or limited where the defect results from:
10.5 Nothing in these Terms limits or excludes any non-waivable consumer rights under applicable federal or provincial laws, including implied conditions and warranties relating to quality, fitness for purpose, and durability.
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