TERMS OF SERVICE
OVERVIEW
ACON Commercial Supplies Inc. operates this website. In the course of your visit or making a purchase, you engage with our "Service" and accept the terms and conditions outlined in this document. These terms apply to all users, including browsers, vendors, customers, merchants, and contributors.
Before using our website, please carefully review these Terms of Service. Your access or use of any part of the site signifies your agreement to abide by these terms. If you do not agree with all the conditions in this agreement, you cannot access the website or use any of its services.
Any new features or tools added to our online store will also be subject to these Terms of Service. You can find the latest version on this page, and we may update or modify these terms by posting changes on our website. It is your responsibility to check for updates, and your continued use of the site after any changes are posted indicates your acceptance of those changes.
Our online store is hosted on WIX, which provides the e-commerce platform for selling our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you have reached the legal age of majority in your state or province of residence. Alternatively, if you are not of the legal age of majority but have obtained the necessary consent from your legal guardian, you may use this site. It is prohibited to employ our products for unlawful or unauthorized purposes, and you must not infringe upon any laws in your jurisdiction, which includes but is not limited to copyright laws, while using our Service. Transmitting any harmful elements such as worms, viruses, or destructive code is strictly forbidden. Violation or breach of any of these Terms will lead to an immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We retain the authority to decline service to any individual for any rationale and at any given time. Please be aware that your content, excluding credit card details, may undergo unencrypted transmission, including (a) conveyance across different networks and (b) alterations to meet the technical prerequisites of connecting networks or devices. Credit card data is consistently encrypted during transmission over networks. You consent not to replicate, duplicate, imitate, vend, trade, or exploit any part of the Service, the utilization of the Service, or the entrance to the Service, or any interaction on the website via which the service is delivered, except with explicit written authorization from us. The titles used in this agreement are incorporated solely for convenience and will not restrict or otherwise influence these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We cannot be held accountable if the information presented on this website is not precise, comprehensive, or up-to-date. The content on this site is intended for general informational purposes and should not be solely relied upon when making decisions without cross-referencing with primary, more accurate, complete, or timely information sources. Any dependence on the material on this site is undertaken at your own risk. Historical data may be present on this site, but it is important to note that such information is not current and is provided solely for reference purposes. We retain the right to modify the site's content at our discretion, but we are not obligated to update any information on the site. You acknowledge that it is your responsibility to keep an eye on any alterations made to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products can be altered without prior notice. We maintain the authority to make changes to or halt the Service (or any of its components or content) at any moment without advance notification. We are not accountable to you or any third party for any adjustments, alterations in pricing, suspensions, or terminations of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively accessible online via our website. These particular items or services may have limited availability and are subject to our Return Policy for returns or exchanges. We have endeavored to present the colors and visuals of our products at the store as accurately as possible. However, we cannot assure the precise representation of color on your computer monitor.
We maintain the prerogative, though not the obligation, to restrict the sale of our products or services to specific individuals, regions, or jurisdictions, and we may do so on a case-by-case basis. We also reserve the right to impose quantity restrictions on any products or services we provide. All product descriptions and pricing are subject to modification at our sole discretion and without advance notice. Furthermore, we retain the right to discontinue any product at any given time. Any offers for products or services on this site are void where prohibited by law. We do not guarantee that the quality of products, services, information, or other materials purchased or obtained through our Service will meet your expectations, nor do we warrant the correction of any errors in the Service.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the authority to decline any orders you make with us. Our discretion allows us to potentially restrict or cancel the quantities purchased by an individual, business, or per order. These limitations may extend to orders placed through the same customer account, employing the same credit card, or sharing identical billing and shipping addresses. In situations where an order is altered or canceled, we will make an effort to inform you by reaching out to the email and/or billing address/phone number you provided when the order was initiated. Additionally, we retain the right to impose limits or disallow orders that, in our sole assessment, seem to be initiated by dealers, resellers, or distributors.
By using our services, you commit to providing up-to-date, complete, and precise purchase and account details for all transactions conducted through our store. It is your responsibility to promptly update your account and other pertinent information, such as your email address and credit card details, to facilitate seamless transactions and enable us to contact you as required.
For more comprehensive information, please refer to our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools, and it's important to note that we neither actively supervise nor possess any authority or influence over these tools. You acknowledge and agree that we provide access to these tools in their current state, without any warranties, representations, or conditions of any nature, and without any explicit endorsement. We bear no responsibility for any consequences arising from or linked to your utilization of these optional third-party tools. Should you choose to utilize optional tools available on the site, you do so entirely at your own risk and discretion. It's imperative that you acquaint yourself with and consent to the terms under which these tools are made accessible.
SECTION 8 - THIRD-PARTY LINKS
Some content, products, and services accessible through our Service may contain materials provided by third parties. When you encounter third-party links on this site, please be aware that they may lead you to websites that are independent of our association. Our responsibility does not extend to the assessment or validation of the content's accuracy, and we do not guarantee or assume liability or accountability for any third-party materials, websites, or any other products, services, or materials offered by third parties.
We disclaim any responsibility for any harm or damages connected to the acquisition or utilization of goods, services, resources, content, or any other transactions conducted through third-party websites. It is crucial that you thoroughly review the policies and practices of these third parties and ensure you comprehend them before engaging in any transactions. If you have any complaints, claims, concerns, or inquiries regarding products from third parties, please direct them to the respective third-party provider.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, upon our request, you submit specific materials (such as quotation for wholesale), or even without a prior request from us, you send creative ideas, suggestions, proposals, plans, or any other content, whether through online means, email, postal mail, or any other method (collectively referred to as 'comments'), you hereby consent to our unrestricted right to edit, duplicate, publish, distribute, translate, and utilize these comments in any medium at any time. We have no obligation to (1) keep your comments confidential, (2) provide compensation for your comments, or (3) respond to your comments.
While we have the option to do so, we are not obligated to monitor, edit, or remove content that, in our sole discretion, is deemed unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or in violation of any party's intellectual property rights or these Terms of Service.
You affirm that your comments will not infringe upon the rights of any third party, including but not limited to copyrights, trademarks, privacy, personality rights, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain libelous or unlawful material, abusive or obscene content, or any computer viruses or malware that could disrupt the operation of the Service or any related website in any manner. You are prohibited from using a fictitious email address, assuming a false identity, or misleading us or third parties regarding the source of your comments. You are solely accountable for the content and accuracy of your comments. We disclaim any responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The manner in which you provide personal information within the store is regulated by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, you may come across information on our site or within the Service that includes typographical errors, inaccuracies, or omissions pertaining to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and product availability. We maintain the right to rectify any such errors, inaccuracies, or omissions. Additionally, we reserve the authority to modify or update information, or to cancel orders if any information within the Service or on any associated website is found to be incorrect, without prior notice, even after you have placed your order.
We are not obligated to refresh, revise, or elucidate information presented in the Service or on any affiliated website, including but not limited to pricing details, unless mandated by law. The presence of a specific update or revision date within the Service or on any related website should not be construed as an indication that all information contained therein has been altered or revised.
SECTION 12 - PROHIBITED USES
In addition to the restrictions outlined in the Terms of Service, you are not permitted to utilize the site or its content for the following purposes:
(a) Engaging in unlawful activities;
(b) Encouraging or involving others in unlawful actions;
(c) Violating any local, state, provincial, federal, or international regulations, rules, laws, or ordinances;
(d) Infringing upon our intellectual property rights or the intellectual property rights of others;
(e) Engaging in activities that involve harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on factors such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) Submitting false or deceptive information;
(g) Transmitting viruses or other malicious code with the intent to disrupt the functionality or operation of the Service, related websites, or the Internet;
(h) Collecting or tracking the personal information of others;
(i) Employing spam, phishing, pharming, pretexting, spidering, crawling, or scraping techniques;
(j) Utilizing the Service for obscene or immoral purposes; or
(k) Interfering with or attempting to bypass the security features of the Service, related websites, or the Internet.
We maintain the right to terminate your access to the Service or any associated website should you engage in any of these prohibited activities.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your utilization of our service will be continuous, punctual, secure, or free from errors. We also cannot guarantee that the outcomes derived from using the service will be precise or dependable.
You acknowledge that on occasion, we may suspend the service for indeterminate periods or terminate it without prior notice. It is expressly agreed that your use of the service, or any inability to use it, is solely at your own risk. The service, as well as all products and services provided to you through it, are offered "as is" and "as available" for your use. This means that there are no assurances, representations, or conditions, whether expressed or implied, encompassing implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, or non-infringement, unless expressly stated by us.
Under no circumstances shall ACON Commercial Supplies Inc. along with our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any harm, loss, claim, or any form of direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages. These damages may arise from contract breaches, negligence, strict liability, or any other legal theory, associated with your use of the service or products obtained via the service, or any other claims linked in any way to your service usage or any product. This includes errors or omissions in content, as well as any loss or damage incurred as a result of using the service or any content (or product) shared, transmitted, or made available through the service, even if we have been informed of their potential. In jurisdictions where the exclusion or restriction of liability for consequential or incidental damages is not permitted by law, our liability shall be constrained to the maximum extent allowed by law.
SECTION 14 - INDEMNIFICATION
You consent to indemnify, safeguard, and hold harmless ACON Commercial Supplies Inc, as well as our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, against any claim or request, including reasonable legal fees, lodged by a third party as a result of your infringement of these Terms of Service or the materials they reference, or your infringement of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any part of these Terms of Service is found to be unlawful, void, or unenforceable, that specific provision will still be enforced to the maximum extent allowed by the relevant law. The unenforceable portion will be considered as separated from these Terms of Service. Such a determination will not impact the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The responsibilities and obligations of both parties that were established before the termination date will persist even after this agreement is terminated, serving all intended purposes.
These Terms of Service remain in effect until they are terminated either by you or us. You have the option to terminate these Terms of Service whenever you wish by informing us of your decision to discontinue using our Services or when you cease using our website.
If, at our sole discretion, we determine that you have not adhered to or suspect that you've violated any term or provision outlined in these Terms of Service, we reserve the right to terminate this agreement without notice. In such cases, you will remain responsible for any outstanding amounts up to and including the termination date, and we may also deny you access to our Services, either in full or in part.
SECTION 17 - ENTIRE AGREEMENT
Our failure to act upon or enforce any right or provision outlined in these Terms of Service does not relinquish that right or provision.
These Terms of Service, along with any policies or operational guidelines posted on this site or relating to the Service, establish the comprehensive agreement and understanding between you and us, regulating your utilization of the Service. They override any previous or simultaneous agreements, communications, or proposals, whether spoken or written, between you and us, including prior versions of the Terms of Service.
Any uncertainties regarding the interpretation of these Terms of Service should not be interpreted against the party responsible for drafting them.
SECTION 18 - GOVERNING LAW
These Terms of Use and all associated matters are subject to and will be regulated, construed, and interpreted exclusively in conformity with the laws of the Province of British Columbia, Canada, and the applicable federal laws of Canada. This arrangement excludes any regulations related to private international law or conflict of laws that might result in the application of laws from another jurisdiction. Additionally, it excludes any laws implementing the United Nations Convention on Contracts for the International Sale of Goods.
SECTION 19 - CHANGES TO TERMS OF SERVICE
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You have the option to examine the latest version of the Terms of Service on this page at any moment.
We retain the authority, at our exclusive discretion, to revise, modify, or substitute any section of these Terms of Service by publishing updates and modifications on our website. It is your obligation to periodically review our website for alterations. If you continue to use or access our website or the Service subsequent to the posting of any adjustments to these Terms of Service, it signifies your acceptance of those modifications.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@aconsupplies.ca
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SECTION 21 - DISPUTE RESOLUTION
(a) Arbitration: All disputes, controversies, or claims arising from or related to these Terms of Use, the Website, or any associated matters (referred to collectively as "Disputes" and individually as "Dispute") will be submitted to and ultimately resolved through binding arbitration. This arbitration will be administered by the British Columbia International Commercial Arbitration Centre (BCICAC) in accordance with its rules and these Terms of Use. The arbitration process will involve a single arbitrator and will be conducted privately and confidentially. The arbitration proceedings will take place in Vancouver, British Columbia, and the language used throughout the arbitration will be English. Any award issued through arbitration is final and binding, and its judgment can be enforced in any court with jurisdiction. However, this section (a) does not apply to Disputes related to intellectual property rights infringement, misappropriation, or violation, including copyright and trademarks.
(b) Court Litigation: In the event that a Dispute is not subject to arbitration as outlined in section (a), it will be resolved in the Supreme Court of British Columbia located in Vancouver. Both you and ACON Commercial Supplies Inc. irrevocably submit to the original and exclusive jurisdiction of this court for such Disputes, with the exception that ACON Commercial Supplies Inc. may initiate legal action against you in the competent courts of any other jurisdiction to seek injunctive relief or similar urgent legal remedies to prevent irreparable harm, maintain the status quo, or enforce these Terms of Use.
(c) Informal Dispute Resolution: Before commencing arbitration or litigation regarding a Dispute, you agree to take the following steps: (i) provide notice of the Dispute to ACON Commercial Supplies Inc. Customer Care representatives at support@aconsupplies.ca and allow ACON Commercial Supplies Inc. at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) engage in good-faith discussions concerning the Dispute with ACON Commercial Supplies Inc. if requested during the thirty (30)-day period, with the aim of reaching a reasonable resolution.
(d) Temporary/Injunctive Relief: Despite the application of arbitration under section (a), both you and ACON Commercial Supplies Inc. retain the right to initiate legal action in the Supreme Court of British Columbia, Vancouver, to seek injunctive relief or similar urgent legal remedies aimed at preventing irreparable harm, preserving the status quo, or enforcing these Terms of Use. You and ACON Commercial Supplies Inc. also consent to the non-exclusive jurisdiction of this court for such matters. Additionally, ACON Commercial Supplies Inc. may commence legal proceedings against you in the competent courts of any other jurisdiction to seek injunctive relief or similar urgent legal remedies for the same purposes.
(e) No Jury or Class Proceedings: Both you and ACON Commercial Supplies Inc. irrevocably waive all rights to a trial by jury or to participate in a class or representative arbitration or litigation. Any arbitration or court litigation related to Disputes will be initiated by you or ACON Commercial Supplies Inc. on an individual basis, not as a plaintiff or class member in a class or representative proceeding. Please note that the waiver of the right to participate in a class or representative proceeding may not apply to you if prohibited by law in your jurisdiction.
SECTION 22 - OTHER MATTERS
You and ACON Commercial Supplies Inc. are independent contracting parties, and these Terms of Use do not establish a partnership, joint venture, agency, employment, or similar relationship between you and ACON Commercial Supplies Inc. If ACON Commercial Supplies Inc. requests, you agree to execute any necessary documents to carry out these Terms of Use. A consent or waiver by ACON Commercial Supplies Inc. regarding any breach of these Terms of Use is only effective if it's in writing and signed by ACON Commercial Supplies Inc. A consent or waiver does not apply to ongoing or future breaches by you. ACON Commercial Supplies Inc's rights and remedies under these Terms of Use are cumulative and not exclusive, and ACON Commercial Supplies Inc. may pursue them concurrently, consecutively, or alternatively. These Terms of Use benefit and bind you, ACON Commercial Supplies Inc., and your respective successors and permitted assigns. If a court or arbitrator finds any provision of these Terms of Use invalid or unenforceable, it will be removed, and the remaining provisions will remain in full force unless the removal causes these Terms of Use to fail in its essential purpose. You cannot assign, transfer, delegate, license, sublicense, or grant these Terms of Use or your rights and obligations under them without ACON Commercial Supplies Inc's written consent. ACON Commercial Supplies Inc. may assign these Terms of Use or its rights, duties, or obligations without your consent.
These Terms of Use, together with any other terms and conditions, constitute the entire agreement between you and ACON Commercial Supplies Inc., superseding all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, regarding their subject matter. There are no other agreements, express or implied, except as expressly stated in these Terms of Use. Both parties have explicitly requested that these Terms of Use be written in the English language.
All rights not explicitly granted in these Terms of Use are reserved by ACON Commercial Supplies Inc.