1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions:
Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
Conditions - means the standard terms and conditions of sale set out below, including any special terms and conditions confirmed in writing by us;
Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
we - means Dominion Bookstore, and "us" and "our" shall be construed accordingly;
you - means the person placing an order for the Goods and entering into the Contract with us and "your" shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.
2. BASIS OF SALE
2.1 These Conditions and the terms of the Returns Policy shall set out the entire agreement and apply to all Contracts between us for the sale of Goods.
2.2 All specifications, drawings and particulars of weights and dimensions issued by us are approximate only and are not intended to form the basis of any Contract.
3. ORDERS AND SPECIFICATIONS
3.1 Your order represents an offer to purchase the Goods which is accepted by us when we dispatch the Goods to you. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods.
3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2 While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
4.3 In the event that we are unable to supply the Goods at the price, specification or by the delivery date stated in the order, we will where possible notify you of any changes in the price or date and where the Goods ordered are not available we may offer you substitute goods. In the event that the substitute goods are at a different price, you will be asked to re-confirm your order at the new price. You are not obliged to accept any substitute goods and will be entitled to receive a full refund for the Goods which we are unable to deliver or are not acceptable.
4.4 The price is inclusive of any applicable value added tax and any packaging or delivery costs for which you shall be liable will be confirmed after your order has been placed.
5. TERMS OF PAYMENT
5.1 Payment can be made by using credit or debit cards.
5.2 If the card is not authorised by the bank or building society then we reserve the right to cancel the transaction and no delivery will be made to you. Your bank or credit card provider may charge a fee.
5.3 Validation Checks. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Dominion Bookstore may validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Dominion Bookstore website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order. All information provided will be treated in accordance with the Alberta Personal Information Protection Act (PIPA). These measures are taken as extra protection for you, to ensure your online shopping experience with us is as safe and secure as possible.
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 We aim to provide you with a reasonable date on which the Goods will be ready for delivery which is usually between 7 working days after the order is placed for deliveries within Canada and 14 working days for deliveries outside Canada. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control.
6.3 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then a card will be left for you to arrange an alternative delivery date with the courier.
6.4 Please see our Delivery and Postage Policy for postage charges.
7. WARRANTIES AND LIABILITY
7.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
7.2 Where the Goods are sold under a consumer transaction, your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Consumer affairs or Citizens Advice.
8.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party's obligations if the delay or failure to due to act cause beyond that party's reasonable control.
8.2 These Conditions do not purport to confer a benefit on any third party.
8.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
8.4 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
8.5 The Contract and these Conditions shall be governed by the laws of Canada, and you agree to submit to the non-exclusive jurisdiction of the Canadian courts.
8.6 The copyright in all photographs, images and descriptions contained on the website are owned by Dominion Bookstore and may not be reproduced without the express consent of Dominion Bookstore.
9. YOUR RIGHT TO CANCEL
9.1 If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within seven working days from the day after the day on which the Goods were received.
9.2 If you wish to cancel before the Goods are dispatched, you are asked to contact us by email or phone as soon as reasonably possible.
9.3 If you wish to cancel after the Goods are dispatched, please return the Goods to us indicating whether you require an exchange or refund. Please refer to our Returns Policy.