Terms of Sale
This page provides you information about Ventus Respiratory Technologies Inc., an Ontario corporation (“Ventus”, “we”, “our” and/or “us”), and the terms and conditions of sale (the "Terms") on which we sell products ("Products") through our website ("our site") to you. These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Before using our site, please read these Terms carefully and make sure that you understand them. By purchasing Products from our site you indicate that you accept these Terms and additionally accept the Terms Use of our website, available here: [insert link]
Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site or make any payments related thereto.
You should view, read and print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.
INFORMATION ABOUT US
- We are Ventus Respiratory Technologies Inc., a company registered in Ontario and with our registered office at 5 Michael Street, Kitchener, Ontario, Canada, N2G 1L7
- Contacting us
- If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at email@example.com.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our site will guide you through the steps you need to take to place an order and make a payment with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, pricing cannot be adjusted, and you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will only be formed when you receive your order confirmation email.
- Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
- We will send you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation").
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site or the respective retailer’s site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
- You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.
- Please note that any Products made available through our site are intended for non-commercial use, and purchase of any Products for resale purposes is strictly prohibited. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice.
- Unless clearly and specifically stated, Ventus’ Products are not medical devices and so, accordingly, are not cleared or approved by the FDA. These Products are not intended for use by health care professionals and are not intended to be worn in medical settings, nor are they a substitute for N95 surgical or procedural masks.
- By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the description "www.ventusRT.com” “Ventus”, “Ventus Respiratory Technologies Inc.”, or similar. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide.
- You acknowledge and agree that we shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent Ventus from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate.
- We do not provide the service of determining the appropriate taxes and duties to be applied to the importation of the Product by you, and to collect, report and remit these taxes and duties, as applicable, on your behalf, to the appropriate tax authority. For greater clarity, we will determine the appropriate Canadian taxes only and no other duties or import tax on importation. All Products purchased from us are made pursuant to a shipment contract. Title to the Products transfers from Ventus to you prior to importation of the Product and you shall be the importer of record. Risk of loss in the Product passes to you when the Product is delivered to you.
- By ordering Products from us, you are the importer of record and hereby authorize a licensed customs broker chosen by us to act as your agent and transact business with foreign revenue authorities to clear your Products, account for duties and taxes on your behalf.
- The price of your order will be quoted including or excluding taxes depending on the delivery address: (a) Products delivered within Canada will be quoted exclusive of sales tax; and (b) Products delivered within another jurisdiction will exclude any taxes or duties. Shipping costs are not included in the price; these and applicable Canadian taxes will be added at the checkout and will be indicated as a separate charge on your order form.
- All items purchased from Ventus are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
WHAT YOU AUTHORISE US TO DO
- By using our site, you authorize us to process payments and adjustments for your transactions, charge your credit card and pay us and our affiliates any amounts you owe in accordance with these Terms.
- We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorized to use. You authorize us to verify your information (including any updated information) and to obtain an initial credit authorization from your credit card issuer.
SHIPPING AND DELIVERY
- Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your Products (where such service is made available). Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 8 for our responsibilities when this happens.
- If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have further issues, please contact Ventus at firstname.lastname@example.org.
- Delivery of an order shall be completed when we deliver the Products to the address you gave us, or you collect such Products from us.
- Products are shipped to you based on the information which you provide to us and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you are responsible for such breach.
- Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
RETURNS AND CANCELLATION RIGHTS
- Unfortunately, unless otherwise required by law, Ventus does not accept the return of its Product(s) for any reason whatsoever.
PRODUCT WARRANTIES AND OUR LIABILITYTHE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 9.2.
- An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence epidemic or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges (where applicable).
- You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
BREACHES OF THESE TERMS AND CONDITIONS OF SALE
- Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site and/or bringing court proceedings against you.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
- Please note that these Terms are governed by the law of the Province of Ontario. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Ontario law. You and we both agree that the courts of Ontario will have non- exclusive jurisdiction.
- Ventus may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms, discontinuance, or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.
- You acknowledge and agree that all terminations may be made by Ventus in its sole discretion and that Ventus shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms by Ventus shall be in addition to any and all other rights and remedies that Ventus may have.
- You may not assign the Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Ventus’s prior written consent. Ventus may assign the Terms, or any rights or licenses granted hereunder, at any time without notice.
- All representations, warranties and conditions made by You in these Terms shall survive the termination of these Terms. Unless otherwise explicitly identified as terminating elsewhere in these Terms, all licenses granted by You in these Terms shall survive their termination. All payment obligations incurred by You prior to the termination of these Terms shall survive their termination.