Terms & Conditions
This site displays products available for purchase, however not all products are available at all times or discontinued at any time. nycorudolph.com attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness or reliability of such descriptions. Additional terms and conditions applicable to your online purchases are provided to you on the site as you order products, prior to completing your purchase.
While we use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this site. We reserve the right to discontinue the sale of any product listed on this site at any time without notice.
The prices displayed on this Site are quoted in CDN dollars and are valid and effective only within Canada, and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.
While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Except as explicitly provided in these Terms and Conditions as amended from time to time, nycorudolph.com makes no representations or warranties of any kind, express or implied, regarding our website, nycorudolph.com and/or any content provided on nycorudolph.com, all of which are provided on an “as is” and “as available” basis. nycorudolph.com does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of nycorudolph.com, or any of the content or data found on nycorudolph.com, and expressly disclaim all warranties and conditions in respect of nycorudolph.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
nycorudolph.com is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
nycorudolph.com assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on nycorudolph.com or your downloading of any materials, data, text, images, video or audio from nycorudolph.com.
In no event shall nycorudolph.com be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of nycorudolph.com or content found herein, the operation of the website, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of canadiantire.ca for purchases) even if advised of the possibility of damages.
You agree that this agreement and your use of this Site are governed by the laws of the Province of Manitoba and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Winnipeg, Manitoba, Canada in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
nycorudolph.com has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
With the prior agreement of nycorudolph.com, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 and any such arbitration proceedings shall be brought and held in Winnipeg, Manitoba. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
- You agree that nycorudolph.com may at any time and without notice change the terms, conditions and notices under which this Site is offered.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and nycorudolph.com as a result of this agreement or your use of this Site.
nycorudolph.com’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of nycorudolph.com’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by nycorudolph.com with respect to such use. This agreement, the privacy statement, and terms of sale presented to you in connection with your transaction constitute the entire agreement between you and nycorudolph.com with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and nycorudolph.com with respect to this Site.
No modification of this agreement shall be effective unless it is authored by nycorudolph.com, or unless it is physically signed in blue ink by a nycorudolph.com officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and/or of any notice given by nycorudolph.com in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by nycorudolph.com in printed form.