Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon Rapid Protectant giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.
In these terms and conditions: RP is referred to as “Rapid Protectant”. “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this website or an RP telephone call centre, and whose order for Products is accepted by RP; “Contract” is the contract containing these terms and conditions, formed by RP’s acceptance of your order, and credit card or other payment details; “Products” are the products listed as items for sale on RP websites; “Services” are any services available from RP through RP websites, for example, delivery or packaging services; “Terms” are these terms and conditions of sale; “RP websites” are the websites operated by or on behalf of RP; and “day” refers to a calendar day.
2. General – Application of Terms and Conditions
Customer’s (your) purchase of Products, whether through an RP’s website or a RP telephone call centre, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
A consumer is entitled to notify the seller that he withdraws from the sale, without penalty and without giving any reason within 30 days after the day of delivery. For further information on returns: See section 15 or phone RP on the appropriate call centre number listed on the web site.
3. Changes to Terms and RP websites
RP may amend these Terms, including payment, guarantee and warranty terms, without notice. Also RP reserves the right to modify the terms of separate Product guarantees, at any time. RP may provide notices of changes to RP websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant RP website.
Frequent review of RP websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected.
Although care is taken to ensure the accuracy of the information on RP websites, they could include inaccuracies or typographical errors, including pricing errors. RP shall not be obliged to honour, nor be liable in respect of, such errors. RP and third party suppliers may make improvements and/or changes in Products, Prices and other details described in RP websites, at any time. Changes are periodically made to update RP websites.
4. Product information and availability changes
RP continually updates and revises Products. RP may update, revise and/or discontinue Products and/or any peripheral products at any time. RP may revise prices for Products listed as available items on RP websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the RP website displaying that price or the day on which Customer is informed of the price by RP endeavours (through a telephone call centre or otherwise). RP displays current Products at https://rapidprotectant.ca.
RP endeavours to maintain Product availability. However, Product availability constantly changes and different Products and Product groups may have different availabilities. All orders are subject to availability of the relevant Product(s). RP reserves the right to prioritize orders and to allocate limited stock between orders as it deems fit.
The price of Products shall be RP’s currently applicable price at the date and time of acceptance of the Customer’s order. This may be specified on RP websites or at Product purchase “check-out”, but the definitive price shall be that which is notified to Customer by RP on acceptance of the order by RP. Any incorrect prices on RP websites shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by RP shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price.
Prices do not include shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable), as specified in the invoice issued by RP after purchase of Products from RP.
6. Manner of Payment
RP accepts payment by approved credit card or debit card. RP does not accept other means of payment (e.g. check) without RP’s prior agreement through its telephone call centre or otherwise. Payment options may vary from country to country.
7. Terms of Payment
Customer must tender payment (via an accepted credit card or other payment means accepted by RP) on or before the delivery of Products unless otherwise agreed with RP. Invoicing and payment collection by RP may be effected through third parties.
For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant RP website or to the telephone call centre agent, when Customer orders Products. RP will attempt to verify the validity of the credit card with the card’s issuer and may convey acceptance of the order (as set out below) to Customer if the credit card is accepted.
RP will charge credit cards & debit cards on shipment, after a Contract has been concluded (i.e. after RP has verified Product availability and accepted the Customer’s order and payment method).
8. Order Acknowledgment, Order Acceptance, Contract formation
All orders for Products placed by you with RP are subject to acceptance by RP. RP may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
RP may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone). Such an acknowledgement of receipt may be automatically generated and shall not constitute an acceptance of the order. RP websites through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input error before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
If an order placed online through a RP website, by e-mail or by telephoning a RP call centre is accepted, RP may advise of its acceptance of the order by e-mail or other written form. RP reserves rights to acknowledge or accept verbally (by telephone) telephone orders placed through its call centre or similar facilities.
Any Contract is dependent and conditional upon RP’s verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until RP confirms acceptance of both of these items, RP has no obligation to provide any Products. Where Customer has elected to make payment other than with a credit card (and RP has accepted that payment option), RP is entitled to consider an order or Contract cancelled with or without notice to Customer, if RP does not receive that payment within 10 days of the date of the relevant order acknowledgement.
We maintain records of orders, order acknowledgements and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order acceptance, payment method acceptance and invoice as evidence of purchase.
9. Account Information
You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the RP website account details section or as requested by a RP telephone call centre agent (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other RP websites. RP shall not be liable for any unauthorized use of passwords.
Products will be delivered to delivery addresses within the US only, except as otherwise exceptionally agreed with RP. RP will use its discretion in selecting a reputable carrier and appropriate means of delivery. RP may deliver Products by instalments in any sequence.
11. Delivery Date
RP aims to deliver promptly. However, there may be reasons for RP’s inability to ship according to its target dates (most of which are beyond RP’s control). Accordingly, any dates given by RP for the delivery of Products are estimates only, and RP cannot and does not undertake that delivery will occur on any specified dates.
However, you have the option of cancelling your order at any stage prior to dispatch of your Products by RP. You may also have a right to return Products after they have been delivered (see ‘Your Right to Return and Returns Policy’ below).
If Products cannot be delivered by any estimated or target dates given by RP, RP may elect to cancel the order and refund any money paid by the Customer. If an order is cancelled, RP’s only obligation shall be to refund any money paid by the Customer to RP.
RP retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. RP reserves rights (subject to applicable law) to terminate Customer’s right to use, sell or otherwise deal in Products, and to enter the premises of Customer and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires RP to return any payment made for the Products, for any reason.
13. Resale of Product
Customer shall not resell Products. RP may (among other reasons) reject orders placed by Customer if Customer breaches this term (with regard to any Products) or if RP reasonably suspects that Customer has breached or will breach this term.
14. Liability limitation
These Terms set out the full extent of RP’s obligations and liabilities in respect of the supply of, or failure to supply, Products.RP is not liable to you (or any other parties):
a. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (even if RP have been advised of the possibility of such damages), however caused, through serious fault, Product unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases),
b. for 1) loss of the use of Products or inability to order Products via a RP website or other media, 2) the cost of procuring substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through a RP website or other media, 3) unauthorized access to or alteration of your transmission or data, or 4) statements or conduct of any third party regarding any matter relating to content downloaded from an RP website or other media.
This clause and the limitations of liability apply also to RP named as the guarantor or warrantor (if any), in the relevant Guarantee. If applicable law prevents, restricts or limits RP’s ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit RP’s liability to the maximum extent permissible.
This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.
Important Consumer Qualification
Nothing in these Terms limits, excludes or affects (and should not be read to limit, exclude or affect) RP’s liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited.
Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force which apply to you. You may assert your rights at your sole discretion.
15. Data Protection and Privacy
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 16.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected]
16. Export Control
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.
17. Other – general
Notices and Communications
Each party (i.e. you or RP) may send notices or communications to the other by personal delivery, e-mail, regular mail or fax. Notices or communications must be sent to the latest contact details specified by the receiving party.
Notices and communications will be considered received by the addressee (as applicable):(1) If by courier or other mode of personal delivery, on the date of personal delivery to such addressee’s address as last specified by that addressee before dispatch; or (2) if by posting, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee’s address last specified by the addressee before posting; or (3) if by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report. E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee’s e-mail address, or (3) the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by Customers via e-mail shall only be effective upon express acceptance thereof by RP.
RP may at its option accept orders and acknowledge, accept or effect other communications by telephone. Telephone communications by RP shall be as effective as written communications.
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
18. Statutory rights
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.