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Terms & Conditions

TERMS OF SALE

Last Updated: February 13, 2024


The following Terms of Sale as well as the Terms of Use further below (collectively, the Website Terms and Conditions”) are legally binding obligations between you and Keter Canada Inc (“Keter,” “we” “our” or “us”) that apply when you visit www.keter.com/en-ca or www.keter.com/fr-ca (the “Website”) or shop for Keter products (“Product(s)”) on the Website. By visiting the Website, you are agreeing to be bound by these Website Terms and Conditions


Discount Offer. From time-to-time, at our discretion, we may offer a discount code for joining our mailing list. The offer is subject to restrictions, including the following: 

  • The discount code is valid for use only on the Website to Canadian residents. The purchase is subject to all other Website Terms and Conditions.  
  • The discount code will only be issued one time to the e-mail address that signs up for the Keter mailing list or newsletter.  
  • The discount code may only be used once.  
  • The discount is only available on full price items and cannot be applied to any sale items. If an order to which a discount code is applied includes both full price and sale items, the discount will only be applied to the non-sale items.  
  • The discount code cannot be combined with any other offers or promotions. 
  •  The discount cannot be applied to shipping, taxes, prior purchases or gift cards.  
  • If you return an item purchased using the discount code, you will only be refunded the discounted purchase price and the code will not be restored for future use. 
  • If you cancel the purchase of an item for which you used the discount code, the code will not be restored for future use. 
  • The discount code has no cash value and is void where prohibited.  
  • Keter reserves the right to withdraw or modify the discount offer at any time. 
  • Purchase quantities may be limited. 
  • Discounts are applied at checkout.  
  • Discount apply to pre-tax amounts.  


Access to and Accuracy of the Website. Keter takes reasonable efforts to ensure that information on the Website is complete, accurate and current. Despite Keter's efforts, however, Keter cannot warrant the accuracy of the information on the Website and the Website is provided “AS IS” and “AS AVAILABLE.” Information on the Website may occasionally be inaccurate, incomplete or out-of-date. Weights, measures, Product descriptions, recommendations, commentary regarding Products and similar descriptions are provided for convenience only and mmaybeapproximations. We may make changes in information about price and availability without notice (but will notify you if a previously placed order is affected). Before placing an order for a Product on the Website (“Order”), you should ensure that the Product you intend to purchase is suitable for your intended use. Keter does not guarantee the availability of any Product and reserves the right, without liability or prior notice, to change, discontinue, stop making or stop selling any Product, temporarily or permanently, whether before or after acceptance of your Order. We will notify you if your Order is affected. We try to ensure Products listed on the Website are in stock but, from time-to- time, some Products may be unavailable even if the Website indicates that they are in stock and available. Adding a Product to your Shopping Cart and/or receiving confirmation of your Order does not guarantee the availability of the Product. Keter reserves the right to cancel an Order if the Product is out-of-stock, or otherwise unavailable or if we identified an error in the price or description of the Product. We will notify you by email if we cancel your Order. Keter reserves the right to correct errors or inaccuracies and to change or update any Product information on the Website at any time without notice and such change or update will apply to all Orders placed after such changes and/or updates take effect. 


Placing an Order. Payments for Orders can be made by any payment method available on the Website, including by credit card, debit card, PayPal (collectively, “Payment Methods”). Other means of payment, such as cheque or wire transfer, are not normally available and would be subject to special arrangement. You represent and warrant you have the legal right to use the Payment Method you selected for your purchase. To place an Order, add your selected Products to the Shopping Cart. Prior to the checkout, carefully review the Products in the Shopping Cart. You can add and/or remove Products and update quantities until checkout. During the checkout process, you will be required to accept these Website Terms & Conditions and Keter’s Privacy Policy. If you choose to use a Payment Method provided by a third-party payment processor, you will also be required to accept the third-party payment processor’s terms of use and privacy policy. In any event, you will be required to input personal information, including your name and address. If you are ready to proceed with the purchase, you must click on the “Place your Order” button to place your Order. After placement of an Order, the payment transaction will be verified with the appropriate third party (e.g. credit card company or bank) and upon receiving the approval, Keter will send an email to you confirming the Order has been processed. If the transaction is not approved by the relevant third party, a notice will be displayed on your screen and the Order will not be processed. 

Keter is not responsible for any delay in delivery or delivery failure caused by you entering incorrect, inaccurate or incomplete delivery details when you placed your Order or if you provide a delivery address outside of Canada, as specified in the Shipping Policy (see below). Keter will also not be liable for the unavailability of Product caused by events beyond Keter's reasonable control, including supply shortages, strikes, downtime, etc. 

You agree that Keter may send you notices by email related to your Order, including confirmation and shipping updates. If you provide your telephone number, you are deemed to agree that the shipping carrier may send text messages to update you regarding the shipment of your Product. These text messages are provided by the carrier and Keter has no liability or responsibility for these messages. Text “STOP” in reply to a received text message to opt-out of these texts. 

The risk of loss for Products you purchased on the Website passes to you when the Products are collected by the carrier for shipping to you. 


Availability of Products, Services and Features. All features, services and content of the Website and all Products available from the Website, are subject to change or being discontinued at any time without notice. In addition, Product pricing may change at any time in Keter’s sole discretion without notice. Certain services and Products may not be available in your location. Keter reserves the right, at its discretion and without notice, to limit the quantity of a Product you can purchase; refuse to sell a Product to you or prevent you from completing an Order. It is your responsibility to inform yourself of and comply with all local, provincial, federal and international laws and regulations (including minimum age requirements) that apply to your purchase, possession, and use of any Keter service or Product. By placing an Order, you represent that the Products ordered will be used only in a lawful manner. 


RETURNS 

Products may only be returned if they are in “new condition” (“Return Products”). Return Products will be accepted if you submit a return request no later than 30 days after you receive the Product(s). In order for Products to be considered in "new condition", the Return Product must be UNOPENED and contain all original packaging and accessories. Return Products will be charged a 15% restocking fee and the cost of shipping back to us from your location. Keter may elect, in its sole discretion, to require that you to dispose of the Return Product yourself, rather than picking up the Return Product at your location. In such event, you will not be charged the cost of retrieving the Return Product but you will still be charged the restocking fee. Restocking fees and pick-up costs will not apply if we shipped the item to you in error. Restocking fees do not apply where prohibited by applicable law. Restocking fees will be subject to GST/PST/HST sales taxes as required by applicable law. See below for more information on how the refund is calculated. 


How to Return your Product(s) 

Return Products must be unopened and contain all original Product packaging and accessories. You must make sure the Product is securely packaged to prevent damage during return shipping. The pick-up carrier may refuse to pick up the Product if it does not meet these requirements. 

Submit a request to return your item here. All returns require authorization from Keter. Returns will not be accepted unless you have obtained this authorization. 

Small Parcel Returns (Generally items under 150 lbs.) 

You will be given a date that a pick-up service will arrive to pick up your item. The item must be accessible to the carrier in front of your residence. 

Large/Heavy Item Returns (Large items such as sheds) 

You will be given a date that the pick-up service will arrive to pick up your item. The item must be accessible to the pick-up service in front of your residence. 


Receiving and Calculating Your Refund 

Keter will process refunds upon the confirmation from the pick-up carrier that the Product(s) have been picked up in unopened, undamaged condition. Refunds will be issued in the same form of payment you used to purchase the Product(s). The total refund amount will be: (i) the amount you paid for the Product net of any discounts or coupons that applied to your purchase; plus (ii) sales taxes you paid on your purchase; less (iii) both the return pick-up costs and a 15% restocking fee (where permitted) and any GST/PST/HST applicable to the restocking fee. 

You will not be refunded any shipping charges you paid to have the Product delivered to you. Keter customer service will provide you an estimated pick-up cost, but the actual pick-up cost will be determined on pick-up and deducted from the total refund payable to you. Please note that it can take 5–10 business days for the refund to be issued by Keter following pickup of the Product. Depending on the payment method you used, it can also take time for your bank or payment processor to process the refund back to your card or account. 

Example of a Refund (for purposes of this example, taxes are not included as they vary by jurisdiction): 

  1. Total Purchase Price: $1500 (after discounts, coupons, and excluding shipping charges)  
  2. PST/HST/GST on $1500 Purchase Price 
  3. Product Pick-Up Cost: $250 
  4. Restocking Fee: $225 + applicable HST/PST/GST on Restocking Fee 
  5. Refund: $1025 (plus PST/HST/GST on the Purchase Price minus taxes applicable to Restocking Fee) 


Cancellations 

You may cancel your order for a full refund before it is released to the warehouse in preparation for shipment. Submit a request to return cancel your order here and Keter will confirm if the cancellation was processed. If the Order has already been released to the warehouse then you will not be able to cancel the Order and will have to process a return. 


GENERALSHIPPING INFORMATION

From this website, Keter will only accept orders for deliveries to residential addresses in Canada. Please shop at keter.com/en-us if you require delivery to the United States. 

Shipping rates vary based on location. Delivery is not available to certain remote areas, such as the Yukon, Nunavut or the Northwest Territories. Our delivery services can only ship to addresses with postal codes and street and house numbers or rural route numbers. Items cannot be shipped to PO Boxes. 


Standard Orders

Processing/ShippingOrders received will ship from the distribution center within 3–10 business days. Orders received after 5 pm EST will be processed the next business day.

Estimated Delivery:

  • Small Parcel Delivery: Estimated 3–10 business days from the time your order ships.  
  • Large Item Delivery (generally sheds and Products weighing 150+ lbs): Estimated 5–12 business days from the time your order ships. Ships via freight carrier. 

Shipping and delivery dates are provided at time of purchase as estimates only and may change due to factors beyond our control. We are not responsible for delays in shipping. If you have questions regarding any shipping or delivery delays, please contact us here. 


Multiple Items

Orders with multiple items may be shipped in separate packages to speed delivery. You may receive separate shipping confirmation e-mails.


Shipping Conditions

You must be able to receive postal delivery at your residence, or your delivery may be denied.

Residential addresses only. No commercial or business addresses can be used for standard delivery shipments. Items will be delivered to front of residence only. Carrier will not enter residence or carry large items inside.

Shipments are only available in the 48 contiguous states in the United States, (no HI, AK or U.S. Territories).  

The total amount of time for order processing, shipping and delivery is dependent upon the following factors, among others:

  • The availability of the product(s) you are ordering
  • The day and time your order was received
  • A successful payment authorization
  • The selected shipping method
  • The carrier(s) delivering the order(s)
  • Your location


Shipping Time: 

The total amount of time for order processing, shipping and delivery is dependent upon the following factors, among others: 

  • The availability of the product(s) you are ordering
  • The day and time your order was received 
  • A successful payment authorization
  • The selected shipping method 
  • The carrier(s) delivering the order(s)
  • Your location 


Multiple Items 

Orders with multiple Products may be shipped in separate packages to expedite delivery. You may receive separate shipping confirmation e-mails. 


Shipping Conditions 

You must be able to receive postal delivery at your residence or your Order may be denied. 

Deliveries will only be made to residential addresses, no commercial or business addresses can be used for standard delivery shipments. Products will be delivered to the front of residences only. Carrier will not enter residences. 


Order Tracking 

Login to your account on Keter.com, where you can check the status of your order, track the delivery and look-up your order history. 

Distribution Center Closed on the Following Holidays:

  • January 1 (New Year's Day) 
  • Good Friday or Easter Monday at carrier's choice. 
  • Monday preceding May 25 (National Patriots' Day) 
  • June 24 (Saint-Jean-Baptiste Day) 
  • July 1 (Canada Day) 
  • First Monday in September (Labour Day) 
  • Second Monday in October (Thanksgiving Day) 
  • December 25 (Christmas Day). 


Tax

Federal and Provincial sales taxes (GST/HST/PST) may apply to the purchase price of Products. Orders will be taxed in accordance with applicable sales tax on the subtotal of Product price plus shipping costs. 

Taxes displayed at the time of purchase are an estimate. The actual amount of taxes will be charged to your payment method as shown on your shipping confirmation e-mail. 


Free Shipping Promotions 

We may occasionally offer free shipping for qualifying purchases through announcements on our website, newsletter, social media and other methods. We may also offer free shipping for certain items by noting “free shipping” in the product listing and/or description. Your purchase must comply with any terms and conditions of a free shipping promotion and this Shipping Policy in order for free shipping to apply. The qualifying item must be available for immediate shipment within Canada. Free shipping promotions are valid only on the Website and may not be applied to previous purchases. Free shipping promotions by Keter are not valid at third-party retailers. 

Free shipping promotions apply to Standard Shipping only. Some jurisdictions tax shipping charges. Free shipping may still require that taxes (GST/HST/PST) be charged, where taxes must be applied pursuant to applicable law. 

We may cancel and change free shipping promotions and products eligible for free shipping at any time. Such changes will not affect your Order if your payment is processed prior to such change. 


PRODUCT WARRANTY POLICY

WARRANTY EXCLUSIONS THAT APPLY TO ALL KETER PRODUCTS: KETER PRODUCTS AND SERVICES ARE FOR PERSONAL USE AND NOT FOR ANY PUBLIC USE, COMMERCIAL USE OR RESALE. ANY PUBLIC OR COMMERCIAL USE OR RESALE WILL CAUSE THE PRODUCT WARRANTY TO BE VOIDED. ANY KETER MANUFACTURER WARRANTIES ON PRODUCTS AND SERVICES (IF ANY) WILL ALSO APPLY TO PRODUCTS PURCHASED THROUGH THE WEBSITE, IN ACCORDANCE WITH THE TERMS OF THE WARRANTY. THE PERIOD OF WARRANTY WILL BE SPECIFIED IN THE WARRANTY CERTIFICATE ACCOMPANYING THE PRODUCT. KETER’S WARRANTY (IF AVAILABLE) WOULD ONLY BE AVAILABLE IN THE EVENT OF DEFECT IN THE MANUFACTURE OF THE PRODUCT, PROVIDED REASONABLE USE OF THE PRODUCT BY YOU. THE WARRANTY, IF ANY, WILL ONLY BE AVAILBLE IF PROOF OF PURCHASE IS PROIVDED FOR THE PRODUCT FOR WHICH A WARRANTY IS CLAIMED. ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS WEBSITE ARE SUBJECT TO STATUTORY WARRANTIES IF AND TO THE EXTENT PROVIDED FOR BY APPLICABLE LAW. KETER HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR CONEQUENTIAL DAMAGES, INDIRECT DAMAGES INCLUDING LOSS OF PROFIT IN THE EVENT OF PRODUCT FAILURES OR DEFECTS. KETER ALSO DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT OR FAILURES THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, INCORRECT INSTALLATION, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR NON-COMPLIANCE WITH ANY PRODUCT INSTRUCTIONS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

 

These Terms of Purchase may be modified at any time. We will notify you of any changes by posting them on the Website. You should check the Websites for such changes frequently. Your continued access to the Websites after such changes have been posted is deemed to be your acceptance of the revised Terms of Purchase. 


TERMS OF USE

Last Updated: February 13, 2024


The following Terms of Use apply to this Website and other Keter-affiliated sites or applications we post them to (collectively, “Sites”). These Terms of Use are a legally binding contract between Keter and you. By using the Sites, you agree to be bound by all of the terms and conditions of these Terms of Use.. If you do not agree to all of the terms and conditions of these Terms, do not use the Sites. 

Under Section 14 below, any disputes or claims related to these Terms will be resolved by arbitration to the extent permitted by law. These Terms contain a waiver of any rights to sue in court, including through a class action. You may opt-out of these provisions by following the instructions in Section 14. 


1. Age Restriction 

The Sites are intended for persons who are at least 18 or older and are of legal age to form a binding agreement. If you are under 18, you may not access or use the Sites. 


2. Privacy Policy 

All information provided and collected through the Sites is subject to our Privacy Policy, which is hereby incorporated into and made part of these Terms & Conditions. 


3. Additional Terms 

Your transactions through the Sites are subject to additional terms and policies, including without limitation the Terms of Sale, Shipping & Returns, Warranty terms set forth above, as well as any other rules or policies posted on the Sites (collectively, “Additional Terms”). The Additional Terms are hereby incorporated into and made part of these Terms of Use and are intended to supplement, not replace, these Terms of Use. However, to the extent of any conflict between these Terms of Use and Additional Terms, the Additional Terms will control. Additional Terms may be modified or added from time-to-time and shall become effective immediately upon posting on the Sites. 


4. Passwords and Security 

You may be required to create an account to access certain features and make purchases on the Sites. When you register for an account, you agree to submit accurate and complete information and to update such information as required from time-to-time. Each person may have only one account. If we suspect that your information is inaccurate, duplicated or incomplete, we may suspend or terminate your access to the Sites. You will be asked to select a personal, confidential password when you create an account. If you submit a request to reset your username or password, you may be asked to provide information to confirm your identity in order to recover your username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. If you require a username or password reset, your information may be permanently deleted. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. 


5. System 

With respect to the Sites and underlying software, source code, platforms, servers and interfaces, whether owned by us or third parties (collectively, “System”), you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, creative derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations or by these Terms of Use. 


6. Copyright, Trademarks, Content and Other Intellectual Property 

All content and other materials available at or through the Sites, including, without limitation, trademarks, service marks, trade names, images, Product descriptions, publications, articles, guides, audio, text, software, designs and the “look and feel” of the Sites (collectively, “Content”) are owned and/or licensed by us and/or our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may access and use the Content only for your own informational and non-commercial purposes. Nothing herein creates a license for you to use the Content in any other manner. You may not use any Content for commercial purposes or reproduce, republish, distribute, display, perform, modify, transmit, or sell Content without our express written permission. Without limiting any other disclaimers herein, we expressly disclaim any liability or responsibility for direct or indirect damages arising out of actions or inactions you take based on the Content. All rights not expressly granted to you in these Terms of Use are expressly reserved by us. 


7. Copyright Infringement 

If you believe any material on the Sites infringes a copyright, you are invited to provide us written notice by mail or by email to: 

Keter Canada Inc. 

205 Market Dr, Milton, ON L9T 5A4  

1–888–374–4262 

marketing-na@keter.com 

 ATTENTION: Marketing  

 The notice must contain: 

  • The identity of the owner of the copyrighted work that is allegedly infringed; 
  • Identification of the copyrighted work(s) subject of the alleged infringement; 
  • Identification of the material that is claimed to be infringing intellectual property of another person or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; 
  • Information reasonably sufficient to permit us to contact the complainant, such as an address, telephone number, and, if available, an e-mail address; 
  • A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and.


8. Submissions

We do not accept any unsolicited ideas concerning our operations, including without limitation, suggestions about promotion of the Sites, our Products, additions to our Product lines or services, or changes to our methods of doing business. If, notwithstanding this policy, you send us any ideas, suggestions, images, drawings, graphics, innovations, concepts, recommendations, reviews or similar materials (“Submissions”), you agree that the Submissions are not confidential and we assume no obligation, expressed or implied, by considering them. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes in any manner and medium with no compensation to you. 


9. Prohibited Conduct

You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the System any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the System or any computer software or hardware or equipment associated with the System; (b) alter, remove, obscure or falsify any attributions, trademark, copyright or other proprietary designations of origin or source of the System or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the System in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the System; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the System or any Content unless we have authorized such use; (f) take any action that imposes an unreasonable or disproportionately large load on the System; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the System; (j) interfere with or disrupt the integrity or performance of the System or the data contained therein; or (k) access the System or Content in order to build a competitive product or service, copy any features, functions or graphics of the System or Content or monitor the availability and/or functionality of the System or Content for any benchmarking or competitive purposes.  

You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the System any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the System or any computer software or hardware or equipment associated with the System; (b) alters, removes, obscures or falsifies any attributions, trademark, copyright or other proprietary designations of origin or source of the System or Content; (c) impersonates any person or entity; (d) attempts, through any means, to gain unauthorized access to the System in a way not intended by us or for any unlawful purpose, or to access another person’s account information on the System; (e) uses any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the System or any Content unless we have authorized such use; (f) takes any action that imposes an unreasonable or disproportionately large load on the System; (g) takes any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) takes any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms; (i) attempts to tamper with, alter, disable, hinder, by- pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the System; (j) interferes with or disrupts the integrity or performance of the System or the data contained therein; or (k) accesses the System or Content in order to build a competitive business, copy any features, functions or graphics of the System or Content or monitor the availability and/or functionality of the System or Content for any benchmarking or competitive purposes. 


10. Other Applications and Website   

The Sites may contain links or other options to connect to third party applications and/or websites that are not owned or operated by us (collectively, “Linked Sites”). We do not have any control over Linked Sites and are not responsible for any information, functionality, products, services or content of such Linked Sites. Your use of the Linked Sites is at your own risk. We disclaim any responsibility for any harm resulting from your use or attempted use of Linked Site. Your use of the Linked Sites is subject to the policies and terms of use of the Linked Sites. You should read and understand the them before using any Linked Sites. Our use of Linked Sites does not mean that we sponsor or endorse the Linked Sites or any content available thereon, or that we have entered into a relationship with the entities that own the Linked Sites.  


11. Disclaimer 

YOU AGREE THAT USE OF THE SYSTEM AND CONTENT IS AT YOUR SOLE RISK. THE SYSTEM AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE SYSTEM OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE. WE DO NOT WARRANT THAT THE SYSTEM AND CONTENT ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR DATA. 


12. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE SYSTEM OR CONTENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE SYSTEM AND CONTENT, IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED IN THE JURISDICTION IN WHICH YOU RESIDE.


13. Indemnification 

You agree to indemnify, hold harmless, and release us and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, and representatives (and their respective successors and assigns) from and against any and all claims, demands, liabilities, damages, costs and expenses, including, but not limited to, attorneys’ fees and costs, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the System or Content; (ii) your violation of any terms of these Terms or any applicable law; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; and (iv) any claim that your use of the System or Content caused damage to a third party. 


14. Arbitration  

Any dispute, claim, or controversy arising out of or relating to the Terms & Conditions, including the determination of the scope or applicability of this Arbitration provision, shall be determined by arbitration in Toronto, Ontario before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any Ontario provincial or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of Ontario without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than Ontario. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits. 

Any dispute resolution proceeding arising out of or relating to these Terms & Conditions, including without limitation arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class arbitration, class action, private attorney general action, the consolidation of arbitrations or actions brought on behalf of third parties. 

For any matters which are not subject to arbitration as set forth in these Terms & Conditions, you hereby expressly consent to exclusive jurisdiction and venue in the courts located in Toronto, Ontario, which shall apply the laws of Ontario without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than Ontario. 

To the extent permitted by applicable law, any claims asserted by you in connection with the System and Content must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you. 

You may opt-out of and not be bound by the arbitration and class action waivers set forth above by filling out your contact information in our Contact Us form, typing “Arbitration/Class Action Waiver Opt-Out” in the Comments field of the form, and submitting the form within 30 days of the date you first access the Sites. If you timely opt-out, we will also not be bound by the arbitration and class action waiver provisions. If you do not timely opt-out, these provisions will apply to you and us. 


15. Miscellaneous Terms applicable to Terms & Conditions 

You agree that we may send to you any notices or other communications regarding the Sites and your interactions with the Sites and us (including transactions) in electronic form (such as emails, texts, mobile device notifications, and notices on the Sites) and that such electronic form will satisfy any legal requirements for written communications or notices. By providing your mobile phone number when you make a purchase, you consent to our sharing the number with the shipping carrier and/or the carrier texting you shipping notifications. 

The Sites are controlled and operated by us from our offices in Canada. We make no representation that that the Sites are available in, appropriate for or comply with laws outside Canada. If you access the Sites outside Canada, you do so at your own risk and are responsible for complying with your local laws and regulations; provided, however, that you agree that your access to the Sites does not subject us to any laws, regulations or jurisdictions of any jurisdiction outside Canada. 

If any part of these Terms & Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms & Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. 

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms & Conditions shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms & Conditions. Our rights and remedies under these Terms & Conditions and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. 

You may not assign these Terms & Conditions or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms & Conditions (including, for the avoidance of doubt, any account and transaction information we have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of these Terms & Conditions shall be null and void. These Terms & Conditions shall be binding on all permitted assignees. 

Sections 2, 3, 5, 6, 7, 8, 9–15 of the Terms of Use and other sections of the Terms & Conditions that should survive in order to enforce the intent of these Terms & Conditions shall survive the expiration or termination of these Terms & Conditions. 

We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Sites, delete Content, or terminate or restrict your access to the Sites. In addition, these Terms may be changed at any time without advance notice. We will notify you of such changes by posting them on the Sites. You should check the Sites for such changes frequently. Your continued access of the Sites after such changes have been posted conclusively deems you to have accepted those changes. 

For questions regarding these Terms & Conditions, please contact us using our Contact Us form or write to us at Keter Canada Inc., 205 Market Dr, Milton, ON L9T 5A4 Attention: Website Support