Terms & Conditions
Please read the Terms and Conditions carefully. By accessing or using our website, you acknowledge and accept these Terms and Conditions and Privacy Policy. You agree to enter into this legally binding contract with Crestar Limited. Crestar Limited is not responsible for the information and content on partner websites. The website is owned and operated by Crestar Limited and it has the right to change or revise these terms and conditions at any time without providing notice to you. Please check the terms each time you use this website or place an order
Definitions
“Seller” or “Crestar” or “We” or “we” refers to Crestar Limited registered at 8463 Darnley, Montreal, Quebec, Canada H4T 1X2
“Buyer” or “You” or “you” refers to the person using our website or who purchases goods from Crestar Limited
“Pilot” refers to Pilot Corporation, a company based in Japan
“Goods” refers to the items purchased through our website
“Order” refers to the Buyer’s intent to make a purchase for products from the seller (Crestar Limited) through our website
“Order Confirmation” refers to the list of item(s) purchased and agreed upon by the buyer
“Purchase Price” refers to the price paid by the Buyer for Goods procured through our website as described in the order confirmation including any applicable taxes, freight charges and/or any additional charges therein described
“Special Conditions” are terms used for the purpose of imposing additional restrictions, obligations or any other specific conditions as set in the order confirmation
“Terms and Conditions” refers to these terms and conditions of sale, order confirmation and any other special conditions that may exist at time of order confirmation
“Website” refers to Crestar-limited.com, www.crestar-limited.com, products.crestar-limited.com and any and all sites within Crestar-limited.com, www.crestar-limited.com and products.crestar-limited.com
General
The information on this Website is provided “as is” and without any warranty as to accuracy or usefulness. Crestar assumes no liability whatsoever for any problems encountered while using this site, including software and/or hardware damage to your computer and/or your network.
Sale
A sale becomes effective once the buyer has submitted an order through our website. Once order is accepted, the buyer is bound by the Terms and Conditions set forth herein.
Orders
All Orders are subject to acceptance by Seller as detailed in the order confirmation. An Order constitutes an offer to purchase Goods at the Purchase Price in accordance with the Terms and Conditions. Order is not binding upon the Buyer until the Seller has issued an order Confirmation. Buyer may cancel the order prior to this confirmation being sent (regardless of if or when it is actually received).
The Seller reserves the right to reject the Buyer’s Order in whole or in part without any liability to the Seller for any reason as determined by the Seller in its discretion including, but not limited to:
The stated price on Website or Order is incorrect due to a typographical error, or an inaccurate product description
Orders received for the ordered product has exceeded anticipated demand
The description of the Goods on the Website, the Order or Order Confirmation is incorrect due to technical error or failure of the Seller to update the information accurately.
In the event of a cancellation, the Seller has neither liability nor obligation to the Buyer including, but not limited to, the sourcing of a different product, finding a replacement or paying any compensation to the Buyer.
Back Order
It is our intention to only accept Orders for which stock is immediately available and the Website has been designed to advise the Buyer immediately of any stock outages. However, should we notice that any items included on an Order are not available, we will do our best to advise you of this situation and, at our sole discretion, may elect to cancel such an Order. If we do not decide to cancel the order, we will ship it out once all of the Goods ordered can be shipped. We will attempt to provide you with our best estimate as to when the complete Order will be shipped but we offer no warranty as to the accuracy of this estimate. Actual shipping dates may vary greatly from those estimated.
Prices and Payment
All prices shown are in Canadian dollars.
All prices as shown on the website are exclusive of applicable sales taxes, freight, shipping and/or any handling charges. Any such fees that are charged to or collected by the Seller are added to the final price as shown on the Order Confirmation and are the responsibility of the Buyer.
The Buyer must pay the Purchase Price in accordance with the procedures set out in the Seller’s website. The Seller will accept cheques, bank drafts as well as credit cards (VISA & MASTERCARD).
Orders paid by credit card will generally be processed without delay upon authorization. Orders paid by cheque or bank draft will not be processed until we receive confirmation from our bank that the applicable funds have cleared.
Delivery
Crestar will only ship to addresses within Canada.
The bill-to and ship-to addresses will be set out in the Order Confirmation.
Any dates quoted for delivery of the Goods are estimates only. The Seller will not be liable for any loss or expenses sustained by the buyer arising from any delay in the delivery of the Goods.
In the event that the quantity of Goods delivered is less than the quantity of Goods as indicated on the accompanying Order Confirmation, the Buyer shall accept the Goods delivered, note the shortage on the carrier’s bill of lading or, if delivered by postal service, advise customer service immediately.
If the Goods are alleged to be damaged on delivery, the Buyer must notify the Seller within 2 business days of receipt of the Goods by contacting our customer service via our website at www.crestar-limited.com with description of the alleged damage.
The buyer must notify the Seller of any short delivery or alleged damage in writing within 2 business days of delivery. If the buyer fails to do so within this time frame, the Goods are deemed to be delivered in good condition and in the quantities set out on the Order Confirmation. In each instance, the Buyer must advise the Seller in writing and include the Order Confirmation number, delivery time and details of the claim.
In the case of an accepted claim for damaged goods, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund the Buyer the Purchase Price paid for the proven damaged Good. Damaged Goods must be returned to the Seller within 4 days of delivery. Failure to return damaged Goods associated with an accepted claim within 4 days will result in the expiration of the accepted claim and Seller will not be liable to the Buyer for any replacement Goods or refund.
In the case of a short shipment, other than a shipment that has been partially shipped (i.e. Back Orders), the Seller shall deliver the outstanding goods of the Order. In either case, the Seller will thereafter have no further liability to the buyer for the short shipment. If the Buyer fails to take delivery of the Goods, the Seller may pursue any remedy legally available. The buyer must advise the Seller in advance, in writing, of any requested alteration, cancellation or deferral of delivery, which the Seller may accept or reject at its discretion.
Goods cannot be returned to the Seller for any reason without a return authorization issues by customer service.
Risk and Property
Risk or damage of Goods will pass to the buyer on delivery at the address set out in the order Confirmation.
The Seller is not responsible for any lost or stolen Orders: in the event that no signature is required by the carrier, all said Orders will be deemed delivered by the carrier and accepted by the Buyer
In the case that a signature is required by a carrier upon delivery, any signature on the document or other proof of receipt will be deemed as evidence of delivery of the Order to the Buyer.
Product Returns
The Buyer will have the right to return Goods in the following manner:
For any reason within 10 days of receipt of Goods;
For damaged Goods within 4 days of Delivery of Goods;
Returns must be made as set in the Returns Policy set forth. The Buyer must request a return authorization number (RGA #) issued by customer service and return the goods prepaid.
Returns must include the original Order Confirmation, reason for return and the RGA # indicated on the outside of the package. All Goods other than damaged or defective Goods are to be returned in their original packaging.
In the event that the Buyer does not conform to the above conditions, the Seller has the right to either refuse the package or not issue a credit.
Upon proper return of Goods, the cost of the Goods returned will be reimbursed as set forth in the original Order Confirmation. Freight charges are non refundable, except in the case of defective products being returned.
Warranties
The only applicable warranties that are valid are those as issued by the manufacturer. Seller is the sole distributor of Pilot products in Canada and as such cannot offer an additional guarantee on products distributed.
Limitation of Liability
The Seller, its agents, employees and suppliers will not be liable to the Buyer for any indirect, incidental, special or consequential loss or damage, any loss of profit, loss of opportunity or revenue, or other claims for compensation whatsoever directly or indirectly arising out of or in connection with these Terms and Conditions, including any Order Confirmation, including any failure or delay in performing any obligation hereunder and/or including with the sale of the Goods or their use by the Buyer. Nothing in this section shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller’s negligence.
The liability of the Seller, its agents, employees and suppliers with respect to any and all claims of the performance or non-performance of the Seller’s obligations in connection with these Terms and Conditions, including any Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Goods or their use by the buyer, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the Purchase price (excluding applicable taxes, freight, shipping and handling) for such Goods. Such amount shall be the Buyer’s sole remedy and the Seller’s sole liability for such matters.
This limitation of liability shall prevail over any conflicting or inconsistent provision contains in any provision of these Terms and Conditions.
Governing Law and Jurisdiction
This Agreement, to the extent permitted by law and except if restricted or prohibited by law, is governed solely by the laws of the province of Quebec, Canada and applicable federal laws of Canada. Any dispute between you and Crestar or any other person arising from, connected with or relation to the Website, this Agreement, or any related matters (Disputes) will be resolved before the Courts of the Province of Quebec, sitting in the city of Montreal, and you hereby irrevocably submit to the original and exclusive jurisdiction of those courts in respect of all Disputes
Intellectual Property
Crestar, Pilot and other names and logos appearing on the Website are registered or unregistered trademarks owned by Crestar Limited and Pilot. Any use of the trademarks or logos, except as expressly provided in this agreement, is strictly prohibited. All other trade-marks not owned by Crestar Limited or Pilot CO that may appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Crestar Limited.
Copyright Complaints
User acknowledges that Crestar is the distributor of Pilot pens solely in Canada and is therefore immune from liability from any issues worldwide with Pilot.
Miscellaneous
Crestar may, in its sole discretion, change this Agreement from time to time as it relates to future use of this Website by posting a revised Agreement on the website. This may be done at any time and without notice. By accepting to use our Website after this revised posting, you signify your acceptance and agreement to be bound by the revised Agreement.
Termination
Crestar Limited may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without notice or liability to you or any other person. Crestar Limited may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person. If this Agreement or your authorization to access or use all or any part of the Website is terminated for any reason, then this agreement and all other existing agreements between you and Crestar Limited will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising there from such use.
Privacy
The buyer consents to the collection, use and disclosure of the buyer’s personal information by the Seller and its suppliers in accordance with the terms and for the purposes set forth in the Privacy Policy.
Emails
Crestar Limited and its affiliates reserve the right to send you communications either by email or via site postings. You agree that all notices, agreements and disclosures and other communication that are provided to you electronically satisfy any legal requirement that such communications be in writing. Should the user wish to stop receiving communications from the Seller, he may opt out by clicking on the appropriate link on any one of our emails.
Entire Agreement
You acknowledge and accept that the terms contained herein shall constitute the entire Agreement between you and Crestar. Any and all other representations or warranties, implied or otherwise, whether stated in writing or verbally shall have neither force nor effect.