CONDITIONS OF SALE

CARTIER CANADA E-BOUTIQUE AND CLIENT RELATIONS CENTER

The following terms and conditions including policies incorporated herein by Cartier  (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Cartier Canada, Division of Richemont Canada, Inc., a corporation organized and existing under the laws of Canada and having its corporate headquarters at 4610 Eastgate Parkway, Unit 1, Mississauga, Ontario L4W 3W6 (“Cartier, or referred to herein as us, our or we”) on the Internet via the Cartier website, identified by the domain name www.ca.cartier.com (the “Platform”) or by phone (1.855.888.8798) via the client relations center of Cartier (the “Client Relations Center”).

These Conditions of Sale apply only to sales made through the Client Relations Center or the Platform by individuals who are residents in Canada at the time of placing the order. The Conditions of Sale applicable to any order placed through the Client Relations Center or the Platform are those in force at the time that an order has been placed on your behalf by a Cartier Ambassador (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with Cartier, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Cartier products from the Platform or the Client Relations Center. Sales conducted through Cartier retail boutiques and/or authorized retailers are not subject to these Conditions of Sale.

Please read the Conditions of Sale and check our Platform on a regular basis to be informed of any changes. Cartier may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale.  If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. Persons wishing to use the Client Relations Center or the Platform will also be deemed, by virtue of such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference.  Customers using the Client Relations Center will be provided with access to our Privacy Policy as set forth in “Acknowledgment of Order” below.  If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Client Relations Center to cancel your registration and refrain from ordering any Cartier product through the Client Relations Center or the Platform.

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most provinces of Canada), and (b) have legal capacity to enter into contracts and (c) reside in Canada at the time of purchase may order products through the Client Relations Center or on the Platform.  If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.  Any orders placed in violation of this provision shall be null and void.

By placing an order through the Client Relations Center or on the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Cartier products or purchase Cartier products for commercial purposes or any other commercial benefit. If Cartier believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that the Customer is engaging in fraudulent or grey market activities, then Cartier may refuse such order.

Moreover, in the event that Cartier reasonably suspects that a third party has breached a customer’s registration, password and/or account login, Cartier shall immediately cancel and terminate the account.

All orders placed through on the Platform are subject to availability and acceptance by Cartier.

Cartier reserves the right to change the assortment of items offered on the Platform or through the Client Relations Center, and may limit from time to time the quantity of Cartier products that may be ordered by a Customer in a single buying session and to refuse orders that exceed authorized product quantity limits, without prior notice. Currently, orders may not exceed five (5) products in any buying session on the Platform or through the Client Relations Center.

The Client Relations Center and the product pages on the Platform can provide you with information regarding products that are currently available for sale through those channels.  Please note that only merchandise displaying an “Add to Shopping Bag” message is available for sale through the Platform.  You may also call the Cartier Client Relations Center (1.855.888.8798) and a Cartier Ambassador will provide you with further information as to product availability and assist you with your purchase.

In order to place an order on the Platform, you or the Cartier Ambassador (on your behalf) may either register and create an online account on the Platform, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your name, phone number and e-mail address, and to confirm that you have reached the age of majority.

Upon completion of your account registration on the Platform or by the Cartier Ambassador, you will receive by e-mail a one-time password, which will allow you to log in to your account on the Platform and create a permanent account login and password.  You will also receive a second e-mail summarizing the personal information you provided in registering for your online account.  You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Cartier will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.

We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and Clause 7 of these Conditions of Sale for more details about how we may use your personal information.

When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Cartier or its third party providers at this time for security and anti-fraud purposes. 

You represent and warrant that the personal information you provide to the Client Relations Center or via the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.

Should any of the information you provide to the Client Relations Center or on the Platform change, please log in to your account and update such information directly on the Platform, inform the Client Relations Center or notify Cartier at the following e-mail address: contact.ca@cartier.com or as set out in our Privacy Policy

If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, you may place this product in your shopping bag.  You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”.  You may also remove one or several products you have selected from the Shopping Bag.  Once on the payment page, review your order details and personal information (including e-mail, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, place your order.

Notwithstanding anything to the contrary provided for herein, Cartier reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Cartier may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Cartier suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

All prices shown on the product pages of the Platform or quoted by the Client Relations Center are in Canadian Dollars.

Cartier reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Customer Contact Center, at the time Cartier provides you with a Confirmation of Order, will be honored by Cartier. Any description and information concerning the weight of precious materials and the number of stones and carats are provided as a reference and may vary slightly. For Jewelry, this information uses the metric size 52 for rings and the metric size 17 for bracelets.

Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) ­and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped.  Delivery costs and estimated taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.

Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase.  If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

You may also pay by using PayPal, as indicated on the Platform.

Cartier accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

When ordering on the Platform, you will need to enter your payment details on the appropriate form. ­In the case of an order placed by telephone, you will need to communicate to the Client Relations Center your credit/debit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID).  Your telephone conversation will be recorded for security and quality control purposes. Any telephone conversation recorded by our Client Relations Center that contains your credit card information will be fully encrypted and only used to process card transactions.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Cartier, you will need to contact your card issuer directly to solve this problem, and Cartier will not be liable for any delay or non-delivery.

In order to process your order, we may perform security checks on your credit card.  The full amount of your purchase will be blocked on your credit card until your order is approved by Cartier, and your credit card will be charged the applicable purchase price once your order has shipped.  By submitting an offer to purchase Cartier products on the Platform or through the Client Relations Center, you expressly authorize Cartier to perform security checks, where Cartier deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

Cartier takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Cartier uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

Cartier is prohibited from making sales of its goods to certain designated persons (“Designated Persons”) under Canadian anti-terrorist financing, criminal and other laws or to countries sanctioned by Canada.  In addition, Cartier may be prohibited under U.S. law from making sales of its goods to individuals or entities designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Cartier will review transactions against lists of Designated Persons, SDNs and countries sanctioned by Canada and the U.S. Any such transactions will be declined. 

You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale.  In the case of an order being placed through the Client Relations Center, the Cartier Ambassador may verbally ask you to confirm the details of your order.

Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by e-mail acknowledging the details of your order.  This Acknowledgment of Order will contain an Order Reference Number assigned by Cartier.  Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order.  Following the transmission of the Acknowledgment of Order, Cartier will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.

These Conditions of Sale will be provided to you with the Acknowledgement of Order through either e-mail link or pdf. Please carefully review these Conditions of Sale upon receipt.

Once your order has been approved by Cartier, following completion of our anti-fraud, security and related legal checks, we will send you by e-mail a written Confirmation of Order. The Written Confirmation of Order constitutes the acceptance of your order by Cartier and indicates the existence of a binding sales contract.

Upon shipment of the product you have ordered, Cartier will inform you by e-mail. 

The Acknowledgement of Order and Confirmation of Order that are sent to you by e-mail are deemed to be received when you are able to access them on your computer, mobile or handheld device.

The Acknowledgement of Order, Confirmation of Order and any automatic recording systems used by the Client Relations Center or the Platform will be proof of a binding agreement between you and Cartier.

The following complimentary services may be offered at time of order, free of charge, on the Platform or by the Client Relations Center Ambassador:

14.1. Gift wrap and packaging

All packages are delivered gift wrapped, with a Cartier bag and in Cartier special packaging (where applicable).

14.2. Gift note

You may personalize your order by adding a personalized note that will be printed by Cartier on a gift card to be included in your order package. If you have ordered several products, you may individually personalize ­gift cards for each product­ in the package that contains your order.  Cartier reserves the right to reject gift card notes it deems offensive or inappropriate to be sent on Cartier-logo stationery.

14.3 Engraving / Embossing

Engraving and embossing may be available on specific models such as rings, watches, pens and leather goods.  Engraving /embossing service offered complimentary on applicable products where notated on the Platform product pages and consistent with the number of characters and placement offered.   If you wish to have your applicable Cartier product engraved or embossed, please provide the details on the Platform or to the Cartier Ambassador at time of order.  Engraved or embossed products cannot be returned to Cartier for exchange or refund. Engraved or embossed products cannot be returned to Cartier for exchange or refund.

14.4 Watch Bracelet Adjustment

Bracelet adjustment is available on certain watch models.  If you require a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package. 

We only accept orders for delivery to addresses in Canada. Please note that Cartier does not ship to PO boxes, APO/FPO addresses or hotels.

We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order but cannot guarantee these delivery lead times for Canada: 

Type of delivery Provider Estimated
Delivery Lead Time
Charge to Customer
Standard UPS 6-10 Business Days* Free

*Saturday, and US and Canada federal holidays, will not be considered as a regular business day with respect to estimated delivery lead time. 

When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by e-mail.

­Each delivery package will contain, in addition to your purchased Cartier product: (i) all related accessories, if any, (ii) Product User Guide, as applicable, and the Warranty Card and/or certificate of authenticity, as applicable; (iii) printed gift note(s) containing your message, if so requested by you when you place your order; (iv) the return/exchange form and pre-paid return label and (v) the packing slip without price.

When ordering products on the Platform or Client Relations Center, you, as the Customer, will receive an invoice that will be sent to your e-mail address as a .pdf attachment. You may also at any time later request an invoice by calling the Client Relations Center (1.855.888.8798). Please note that Cartier may request that you provide proper identification as a condition to complying with such request.

Cartier insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult at point of delivery to confirm your acceptance of each Cartier product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Cartier and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

In order to ensure your total satisfaction, a Customer or a recipient of a gift of Cartier products (a “Gift Recipient”) may return Cartier products in accordance with the return and exchange policy set forth below. Returns of Cartier products that are not in compliance with the conditions and timeframes set forth below may be rejected by Cartier and will be sent back to the Customer or Gift Recipient, as the case may be.

16.1. Return Period

Cartier allows the Customer or Gift Recipient to return Cartier products purchased on the Platform or by phone directly with the Client Relations Center within thirty (30) days following delivery, but subject to the further terms and conditions set forth below.

16.2. Return Process

Products that have been purchased on the Platform or through the Client Relations Center may be returned to the Cartier e-boutique distribution center, at the following address: Richemont Canada, Attention: E-Commerce Returns, 4610 Eastgate Parkway, Unit #1, Mississauga, ON, L4W 3W6.

Products that have not been purchased on the Platform or through the Client Relations Center ­may NOT be returned to the Cartier e-boutique distribution center.

If a Customer or Gift Recipient wishes to return a product to the Cartier e-boutique distribution center, then such person must comply with the following steps: 

i) Call the Client Relations Center at 1.855.888.8798 to request a Return Authorization Number (RAN). This number is required prior to returning any product originally purchased from the Cartier e-Boutique by Internet or by phone with the Client Relations Center,  

ii) Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form, 

iii) Include the completed return form with the product, all its accessories, the User Guide, the Warranty and/or Authenticity Card and all other documents, in its original box and delivery package, 

iv) Seal the delivery package and affix the pre-paid delivery label to it, 

v) Bring the package to any UPS location or call UPS to arrange pick-up. 

Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, Cartier and the Customer or Gift Recipient, as the case may be, agree that Cartier maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise.  Cartier is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.

The Customer or Gift Recipient, as the case may be, must keep a proof of return shipment and UPS tracking number, and Cartier accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Cartier e-boutique distribution center will be eligible for a refund.

Upon receiving a return, Cartier will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange. 

16.3. Conditions to Return a Product

Cartier products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Cartier box and delivery package, including all accessories and documents. Cartier will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.

Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package.

Engraved or embossed products cannot be returned to Cartier for exchange or refund.

All returns will be subject to strict Quality Control (QC) by Cartier to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Cartier will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies QC standards, Cartier will proceed with the applicable refund or exchange.  

16.4. Refunds and Merchandise Credits

Should a product be returned to the Cartier e-boutique distribution center by the Customer or the Gift Recipient, only a Customer will be entitled to receive a refund of the purchase price. In no event will a Gift Recipient be entitled to receive a refund.

If a Customer’s return complies with the return policy, Cartier will use reasonable efforts to refund the purchase price to the Customer using the same means of payment as used by the Customer for the initial transaction, no later than fourteen (14) days after receipt of the returned item by the Cartier e-boutique distribution center. Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer.

The Customer or the Gift Recipient may return a product to a Cartier retail boutique, the individual making the return being entitled to receive boutique merchandise credit only. No cash or credit card refunds will be issued in respect of a return to a Cartier retail boutique. Boutique merchandise credits can only be applied to products purchased in a Cartier retail boutique and cannot be applied to products purchased through the Platform or Client Relations Center.

16.5. Exchanges

Customers and Gift Recipients may be permitted to exchange a product purchased on the Platform ­for another Cartier product if the product to be exchanged satisfies the conditions of the return policy within thirty (30) days following delivery. 

Cartier will send an invoice as a .pdf attachment to the Customer’s e-mail address, which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by the Customer or the amount that the Customer is entitled to receive, as indicated below.

Should a product be returned for exchange to the Cartier e-boutique distribution center by a Customer or Gift Recipient, only the Customer will be entitled to receive a refund of the price difference if the returned product is more expensive than the exchanged Cartier product. If the returned product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.

Should a product be returned for exchange to a Cartier retail boutique, either the Customer or Gift Recipient will be entitled to receive merchandise credit of the price difference, in case the original product is more expensive than the item to be received in the exchange. If the returned product is less expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.

16.6. Defective products

Cartier is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

If nevertheless you receive a product that seems to be damaged, you may return it to Cartier in accordance with the return policy. Upon receipt, Cartier may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.

If your product is declared as defective by Cartier, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:

i) Cartier may send you the same product in the exact same size, subject to availability,

ii) Cartier may propose an exchange for another Cartier creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or

iii) Only you, as the Customer, may request a refund of the full price of your initial purchase.

For any repair inquiries, please contact our Client Relations Center by emailing eboutique@cartier.ca or by calling 1.855.888.8798.

If you purchase a Cartier product as a gift for a Gift Recipient, Cartier will send the invoice to your e-mail address as a .pdf attachment. Cartier will never send the invoice and payment details to the Gift Recipient.

SOME PROVINCES, INCLUDING QUEBEC, DO NOT PERMIT EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR DAMAGES. THEREFORE, YOU MAY HAVE ADDITIONAL RIGHTS UNDER CONSUMER PROTECTION LAWS. WHILE CARTIER USES REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENTS OR IN CATALOGS, OR COMMUNICATES THROUGH THE CLIENT RELATIONS CENTER, IT MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. CARTIER DOES NOT CONFIRM THE PRICE OF A CARTIER PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY CARTIER, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A  CARTIER PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON THE WEBSITE, THEN CARTIER WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. THIS INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND CARTIER MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON THE WEBSITE OR THROUGH THE CLIENT RELATIONS CENTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT WILL CARTIER BE LIABLE FOR DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, AGGRAVATED, PUNITIVE, OR EXEMPLARY DAMAGES, OTHER THAN DAMAGES EQUAL TO THE COST OF A REPLACEMENT PRODUCT OF EQUAL VALUE AS PROVEN IN A COURT OF LAW OR PURSUANT TO AN ARBITRATION CONDUCTED IN ACCORDANCE WITH SECTION 22 HEREIN.

WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE CARTIER PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, CARTIER DOES NOT REPRESENT OR WARRANT THAT SUCH MATERIALS OR OTHER CONTENT ARE ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE.  ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT FOR A REFUND AS SET FORTH IN OUR RETURN POLICY.

The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g. Privacy Policy, Terms of Use), the Acknowledgement of Order, and the Confirmation of Order constitute the entire agreement between you and Cartier regarding your purchase of Cartier products through the Client Relations Center or the Platform, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Cartier in relation to such matters.  In the event any other rules, code of conduct, or other matter posted on the Platform conflict with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Section shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale. 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

The Conditions of Sale shall be governed by and construed in accordance with the laws of the province or territory of Canada in which you reside at the time of placing your order or, if you are not ordinarily resident in Canada, the laws of the province or territory of Canada to which your order is to be shipped, in each case without reference to conflict of law provisions. Except in Quebec and any province that does not allow arbitration of disputes, all disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be English. The ADR Institute of Canada Inc.’s rules are available atwww.adrontario.ca.  Payment of all filing, administration and arbitrator fees will be governed by the Simplified Arbitration Rules. 

DATE: September 2016