When you make a purchase with Patio Chair Rx either online or in person, we collect personal information including your name, e-mail, phone number, shipping and billing address as well as your payment information. We use this information to communicate, process and fulfil your order. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. We will not disclose, trade, rent, sell or otherwise transfer your personal information, without your consent. We also do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or legal guardian.
The following terms and conditions of use are an agreement (the “Agreement”) between Patio Chair Rx and you. Your use of this site is at your risk and constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on this site. For this reason, we encourage you to review the Agreement whenever you use this site. If you do not agree to these terms, please do not use this site.
You acknowledge and agree that Patio Chair Rx, in its sole and absolute discretion, may, without notice to You, suspend or terminate Your use of, or access to the website or any services and remove and discard any related materials for any reason, including where Patio Chair Rx believes that You have violated any of these terms. You agree that Patio Chair Rx shall not be liable to You or to any other person as a result of any such suspension or termination. We reserve the right to refuse any order you place with us. 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. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. These terms are effective unless and until terminated by either You or Patio Chair Rx also may terminate this Agreement at any time without notice, and accordingly may deny you access to this site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. If you do not agree to these terms, please do not use this site.
Patio Chair Rx reserves the right, at any time in our sole discretion, to: modify, suspend or discontinue this site or any service, content, feature or product offered through it, with or without notice; charge fees in connection with the use of this site; modify and/or waive any fees charged in connection with this site; and/or offer opportunities to some or all users of this site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this site, or of any service, content, feature or product offered through it.
Unless otherwise noted, all materials on this site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Patio Chair Rx. The Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or this site.
We have made every effort to display as accurately as possible the colors of our products that appear on the Patio Chair Rx website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We are also not responsible for any sale items you may have purchased based on the colour of your monitor display.
Patio Chair Rx is pleased to hear from users and welcomes your comments regarding our products and services. You agree that your comments and or photos will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right. You further agree that your comments or photos will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead. You are solely responsible for any comments you make and their accuracy. Patio Chair Rx takes no responsibility and assumes no liability for any comments or photos posted by you or any third party.
Your submission of personal information and photos through our site is governed by our privacy policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
Tax charges are based on applicable federal, provincial and HST rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for that item. You will not receive a refund for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have questions about the sales taxes on your invoice, please call us at 905-642-8800
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on our site is inaccurate at any time without prior notice, including after you have submitted your order.
THE CONTENT OF THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PATIO CHAIR RX DOES NOT WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. PATIO CHAIR RX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, OR ANY PART THEREOF, ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE SITE AVAILABILITY, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN OUR SOLE DISCRETION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PATIO CHAIR RX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE; OR (F) ANY OTHER MATTERS RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.
Indemnification
You agree to defend, indemnify and hold Patio Chair Rx and its affiliates and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, condition or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Patio Chair Rx agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent
(1) to Patio Chair Rx at: 100 Sandiford Dr Unit 47 Stouffville, ON, L4A 3S3
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
To the maximum extent permitted by law, both you and Patio Chair Rx agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Patio Chair Rx’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of this site. Patio Chair Rx may assign its rights and obligations under the Agreement.
Choice of Language
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise.