Terms & Services / Safety Notice
Terms & Services
You must read and agree to the below terms. The effective date of this Agreement is June 6, 2018.
By accessing or using any features of this website (the “Website”), including the purchase of products on the site located at www.weil-mclain.ca/how-to-buy/parts/ (the “WMC Parts Store”) and operated and managed by Weil-McLain Canada Sales Inc. (“WMC,” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the WMC Parts Store (collectively, “Users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these Terms of Service carefully each time you use this Website.
These Terms of Service set out the legally binding terms with respect to your use of the WMC Parts Store. Please read these Terms of Service carefully. Your access to and use of the WMC Parts Store constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the WMC Parts Store.
Eligibility
The WMC Parts Store is not targeted towards, nor intended for use by, anyone under the age of 18. By using the WMC Parts Store, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the WMC Parts Store. In the event we become aware you are under 18, we will terminate your registration.
Changes to the WMC Parts Store
You agree and understand that the WMC Parts Store, including any and all features available via the WMC Parts Store and any User Content, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the WMC Parts Store implemented after your initial access shall be subject to these Terms of Service.
Registration
In order to access the WMC Parts Store, you are required to register and to select a username (an email address you provide). You will be emailed a password that you can change, provided your new password meets the listed criteria. You agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
Security
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your login and password, whether or not you authorize such activities. You agree to (a) immediately notify us of any unauthorized use of your login or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Ownership
As between you and us, the WMC Parts Store, including all photographs, images, text, graphics, icons and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the WMC Parts Store, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours.
Placing an Order
At this time, Weil-McLain Canada ships merchandise only to locations within Canada and does not ship to international locations. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier.
You may purchase merchandise from the WMC Parts Store by using any one of the payment options listed in Payment Options. WMC reserves the right to change its payment procedures at any time without prior notice to you.
WMC charges sales tax for merchandise ordered on the WMC Parts Store based on the applicable Ontario provincial sales tax rate and the location to which the order is being shipped.
Once your order is fulfilled, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to WMCs return policy, available under Cancel / Return in MY ACCOUNT.
Changes to Terms of Service
We reserve the right to make changes at any time to these Terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the WMC Parts Store after any modifications indicates your acceptance of the modified Terms of Service.
Confidential Arbitration
You agree that by entering into these Terms of Service, you and WMC are each waiving the right to go to court to assert or defend your rights under these Terms of Service and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND WMC RELATING IN ANY WAY TO THE WMC Parts Store (INCLUDING, WITHOUT LIMITATION, ORDERS MADE FROM THIS WEBSITE, ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES SENT TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE WMC Parts Store), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
Any User who intends to seek arbitration must first send to WMC, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to 4390 Paletta Court, Burlington, Ontario L7L 5R2, Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
Safety Notice
Before beginning any project, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations. Always read and observe all of the safety precautions and follow all accepted safety procedures. WMC is not responsible for personal injury or product performance issues that arise as a result of improper product installation or servicing done by an unlicensed individual.