TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT VERY CAREFULLY. IT CONTAINS IMPORTANT LEGAL INFORMATION RELATING TO YOUR PURCHASE OF OUR PRODUCTS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
All sales of products (the “Products”) by Canadian Sex Toys. (“C.S.T.”) are made on the following terms and conditions. By placing an order with C.S.T. and as a condition of C.S.T.’s acceptance of such order, the customer (“Buyer”) agrees to be bound by and accepts these Terms and Conditions as applicable to Buyer’s purchase of the Products from this website (the “Site”).
1. Representations and Warranties of Buyer. Buyer hereby represents and warrants to C.S.T. and acknowledges and agrees that C.S.T. is relying on such representation and warranty in accepting Buyer’s order, that Buyer is of the age of majority in the jurisdiction where the Buyer resides and has all necessary power, authority and capacity to use the Site and to purchase the Products.
2. Prices and Taxes. Terms of payment are within C.S.T.’s sole discretion and unless otherwise agreed to by C.S.T., payment must be received or otherwise authorized or secured in a form approved by C.S.T. prior to C.S.T.’s acceptance of an order. Unless otherwise specified, payment for the Products must be made by Visa or MasterCard or PayPal or by money order payable to C.S.T. Charges to Buyer’s Visa or MasterCard will be under the name C.S.T.LTD
All prices listed on the Site are expressed in Canadian currency and are exclusive of all federal or provincial, or other government taxes, fees, or charges now in force or enacted in the future. Taxes will be indicated prior to Buyer’s checkout; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between C.S.T. and Buyer, Buyer will be responsible for such tax, fee or charge. In the event that C.S.T. is required to pay any such tax, fee, or charge at the time of sale or thereafter, Buyer will reimburse C.S.T. therefor.
3. Product Descriptions. All Product descriptions are approximate. While C.S.T. strives to have the most accurate information possible, the sizes listed on the Site may marginally vary. It may be possible that some items are slightly smaller or larger that the measurement listed. Product images and colors may also vary slightly. C.S.T. shall use reasonable commercial efforts to ensure that the picture colours on the Site match as closely as possible to the actual item, however, some monitors or displays may show colors that are slightly different. Product colors are not guaranteed. C.S.T. may be required to substitute
an item for an alternate color depending on the stock levels at that time. If you insist on a certain color, please contact C.S.T. prior to placing your order. C.S.T. SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES ON ACCOUNT OF ANY DISCREPANCIES IN THE PRODUCT DESCRIPTIONS.
4. Models. C.S.T. shall ensure that any images of male or female models used on the Site shall be in compliance with all applicable laws. C.S.T. shall strive to ensure that any images used by its manufacturers and/or suppliers shall also comply with all applicable laws; provided however, C.S.T. shall not be responsible for the acts or omissions of such manufacturers and/or suppliers and C.S.T. SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES WITH RESPECT TO ANY IMAGES, WHETHER USED BY C.S.T., ITS MANUFACTURERS AND/OR SUPPLIERS, WHICH ARE NOT IN COMPLIANCE WITH ALL APPLICABLE LAWS.
5. Shipping. Buyer is responsible for all costs of shipping the Product to Buyer’s specified location. Orders will be shipped approximately one to two (1-2) business days after receipt of payment for same (the “Processing Period”). Any stated ship date is an approximation only and is based on Buyer’s chosen method of shipping. If C.S.T. learns it cannot ship within the estimated times, Buyer will be advised via email of the new estimated shipment date. C.S.T. SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES ON ACCOUNT OF ANY SHIPPING DELAYS, HOWEVER CAUSED. Once the Processing Period has elapsed and the Product has been sent, Buyer’s order will be placed in "Shipped" status on the Site. All orders will be shipped by C.S.T. in plain brown packaging or heavy duty opaque shipping bags.
Orders returned to C.S.T. as undeliverable or unclaimed will be subject to a reshipping charge. It is Buyer’s responsibility to ensure Buyer’s shipping information is correct before finalizing Buyer’s order.
6. Back orders. C.S.T. may accept orders for out of stock Products. If an item in Buyer’s order is not in stock, it will be placed on back order and shipped to Buyer when it becomes available. Unless otherwise requested in writing by Buyer, if Buyer has placed an order for a Product that is not in stock, it will be placed in back order and Buyer’s entire order will be shipped together whenever the back ordered items become available.
7. Title; Risk of Loss. Title to the Product passes from C.S.T. to Buyer upon completion of shipment of the Product to Buyer by C.S.T. Loss or damage to Products that occur during shipping by Canada Post is C.S.T.’s responsibility and C.S.T. will reship the Product to Buyer.
8. Returns. Due to the nature of the Products, except as otherwise provided in these Terms and Conditions, ALL SALES ARE FINAL AND THE PRODUCTS MAY NOT BE RETURNED OR EXCHANGED FOR ANY REASON. It is Buyer’s responsibility to thoroughly research any Products before purchase.
Buyer agrees to inspect the Products immediately upon receipt of such Products from C.S.T. If the Product is defective or if Buyer receives the wrong Product, Buyer must contact C.S.T. within five (5) days of receipt of the Product and provide C.S.T. with an explanation of the problem. C.S.T., at its sole discretion, may assign Buyer a Return Merchandise Authorization (“RMA”) number with respect to the defective or wrong Product. Products shall be shipped back to C.S.T. in the original packaging with the assigned RMA number clearly marked on the outside of the return package. Products returned to C.S.T. without an RMA number, Products not in their original packaging condition, and/or Products suspected to have been used, in C.S.T.’s sole discretion, will not be refunded or exchanged and will be shipped backed to Buyer at Buyer’s expense. If the Product is accepted as a valid return, Buyer will either be issued a credit or an identical replacement, as determined by C.S.T. in its sole discretion.
9. Cancellation and Restocking Fees. Buyer may cancel an order at any time during the Processing Period by providing C.S.T. written notice of Buyer’s intention to cancel; provided however C.S.T. shall have the right, at its sole discretion, to charge Buyer a processing/restocking fee equal to twenty percent (20%) of the value of Buyer’s total order. C.S.T. will not accept cancellations once the order is in “Shipped” status.
10. Coupons when activated must be used at the time of purchase. If the buyer wishes to redeem a coupon after the purchase is complete, the Buyer must contact sales@canadiansextoys.ca within 24 hours of the time of purchase and make a email request stating which coupon to apply. The coupon cannot be redeemed against a purchase once the purchase has been shipped. If the purchase has shipped, a website credit for the coupon value may be given.
11. Disclaimer of Warranty. All Products are for novelty purposes only. The limited warranties applicable to the Products, if any, are included in the manufacturer’s documentation provided with the Products. All claims should be made directly to the manufacturer. C.S.T. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS” AND C.S.T. MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON INTERFERENCE. C.S.T. DOES NOT WARRANT BUYER’S USE OF THE PRODUCT IN ANY WAY.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL C.S.T. OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED OR SUFFERED BY ANY PERSON RELATED TO THE PRODUCTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, SHALL C.S.T. BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES RELATED TO THE PRODUCTS.
13. Seller’s Rights. C.S.T. has all rights and remedies at any time available to C.S.T. under applicable law in respect of any of its rights under these Terms and Conditions. C.S.T.’s rights and remedies are cumulative, and C.S.T. may exercise them from time to time. C.S.T.’s waiver of any right on one occasion shall not be a waiver of any future exercise of that right and no waiver of any of the provisions of these Terms and Conditions, in whole or in part, shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), unless otherwise expressly provided in writing
14. Applicable Law. These Terms and Conditions between C.S.T. and Buyer shall be governed by and interpreted according the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the courts of Ontario shall have exclusive jurisdiction to entertain any action in connection with these Terms and Conditions.
15. Complete Agreement; Amendment. If Buyer has not otherwise agreed to these Terms and Conditions in writing, then Buyer’s acceptance of delivery of, or payment for, the Products shall constitute Buyer’s agreement to these Terms and Conditions. These Terms and Conditions will not be amended or supplemented by additional or inconsistent terms contained in a purchase order or another standard form provided by Buyer. These Terms and Conditions contain the entire agreement between Buyer and C.S.T. Any change in these Terms and Conditions must be by a writing signed by an authorized officer of C.S.T. These Terms and Conditions are subject to change without prior written notice at any time, in C.S.T.’s sole discretion.
16. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of these Terms and Conditions as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
17. Interpretation. The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom. Words importing the singular include the plural and vice versa and words importing the male gender includes the female gender.
