The terms and conditions set forth in these terms of purchase (this “Agreement”) and in the “Terms of Access” constitute the entire agreement between Soffcricket , Canada . (serviced by Soffcricket ) herein referred to as “Soffcricket ” and you, herein referred to as the “Buyer” concerning products purchased through the Website. Capitalized terms used herein shall have the meaning as defined herein, or if not defined, as defined in the Terms of Access.
1. Offer and Acceptance
By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from Soffcricket pursuant to this Agreement. The acceptance and fulfillment by Soffcricket of any order placed on the Website is subject to Buyer’s acceptance of all of the terms of this Agreement. All other contrary terms and conditions are expressly rejected, and no addition or modification to this Agreement shall be binding unless agreed to in writing by Soffcricket . Buyer accepts these terms and conditions by placing an order through the Website, or by receiving delivery of any products ordered by Buyer from the Website. Soffcricket shall not be deemed to have accepted Buyer’s offer unless and until Soffcricket sends to Buyer, through electronic means, facsimile or other written communication, an acknowledgment that Buyer’s order has been confirmed and will be fulfilled by Soffcricket . Soffcricket ‘s acceptance of any offer by Buyer is only made with the express understanding that this Agreement shall govern any sale of products through the Website to Buyer.
2. Prices, Availability and Taxes
Prices of products on the Website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time and Soffcricket makes no representations or warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, GST/HST Tax. All applicable taxes and other charges will be added to the purchase price.
When ordering products on the Website, Buyer may use [VISA, MASTERCARD, JCB]. Soffcricket will not accept checks, COD, or credit cards registered outside of Canada or the United States. If Buyer fails to pay for any products received, Soffcricket shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Soffcricket , including, but not limited to, attorney fees, costs and interest.
4. Shipping, Title and Risk of Loss
Soffcricket will ship products using the shipping method selected by Buyer on the Website. All sales are made F.O.B., the shipping point. Soffcricket shall use reasonable efforts to cause products to be delivered to Buyer by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon Soffcricket ‘s (or its agent’s) delivery to the carrier at the shipping point.