Effective November 1, 2018

The following terms and conditions (these “Terms”) apply to your purchase of products and services (each, a “Product”) from Alkiss Water, a division of YYoung Water Limited (“AW”) through www.alkiss.ca (this “Website”). Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

These Terms must be read with this Website’s general Terms of Use of Website www.alkiss.ca/website-terms-use, and the terms of any purchase order, quotation or invoice, and of any Product purchased by or licensed to you.

Before you can proceed to complete order, you must check “I Agree”, with the link to these terms, you acknowledge that you have read, accepted and agreed to be bound by these Terms.

These Terms are subject to modification by AW without prior written notice at any time, in AW’s sole discretion. The version of these Terms applicable to your purchase will be the version in effect on the day you submit the applicable order to AW.

1. PRICE AND PAYMENT TERMS

The total price and all other related charges for Products will be set out under “Your Order” on the Website. The total purchase price will provide a breakdown of delivery fees, if applicable, and taxes, which will be added to the purchase price for the Products.  Once you submit your order, you will receive a receipt of payment.  If you have set up an Account (referred to in section 2) on the Website, confirmation of your order will be sent to the email address you provided in your Account.

All payment and credit terms are within AW’s sole discretion and will be as specified.  You may collect Alkiss® Points when you purchase Products on the Website.  AW may modify or extinguish the application of Alkiss Points® at its sole discretion, without prior written notice to you.  Payment must be made in full and received by AW prior to AW’s acceptance of an order for Products.

Any price offers or advertisements given by AW will be valid for the period stated on the offer or advertisement, except that AW reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer or advertisement.

2. CREATING AN ACCOUNT

You may wish to create an online account (“Account”) on this Website, which will enable you to, amongst other things, keep track of your orders and save billing information.   To create an Account, you must select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify AW if you know or suspect that your Account or Credentials have been used by any other person.

3. SHIPPING AND TITLE

AW will arrange delivery of the Products to your address using the process set out in your order, or otherwise any other carrier selected by AW. Orders for multiple Products may be shipped separately.

Title and risk of loss to tangible Products passes to you upon delivery to the carrier.

The costs of shipping and handling will be shown on your purchase receipt.

AW will inform you of estimated shipment dates but is not liable for any delivery delays or failure to ship by the estimated due date, including without limitation as a result of events beyond AW’s or its shippers’ reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.

4. RETURNS AND EXCHANGES

If for any reason you are not completely satisfied with a product you have purchased, you may return it according to our Returns and Exchanges Policy www.alkiss.ca/returns-exchanges-policy.

To return Products, you must ship the Products to AW in their original packaging and condition, prepay shipping charges and accept the risk of loss or damage during shipment. AW will not ship a replacement or exchange until the returned Product is received. The returned package must contain a copy of an original purchase receipt that shows the price of the returned Product(s).

Refunds on offers or purchases made with a credit card will only be credited to the same card.

5. PRODUCT CHANGES

Products may change or be discontinued at any time. AW will deliver Products that have similar characteristics of the Products you ordered, but minor changes between what is delivered and what is described online are possible. AW may ship Products with minor specifications changes, provided that there is materially the same functionality, performance and characteristics of the ordered Products.

Products may differ slightly from how depicted in any illustrations, photography or descriptions on this Website. AW has made every effort to display as accurately as possible the colours of Products as they appear on this Website. However, as the actual colours you see will depend on photographic processes and your screen, AW cannot guarantee that your screen’s display of any colour will be accurate.

6. ENTIRE AGREEMENT

These Terms together with the Terms of Use of Website, and all other notices, policies, and statements contained on this Website (all as may be amended by AW from time to time without prior notice) constitute the entire agreement between you and AW.  These Terms may not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Products that are subject to additional or altered terms and conditions will be null and void. These Terms may be changed by AW at any time, in its sole discretion without prior notice, with respect to any future sales or transactions with you.

7. PRIVACY

You have read AW’s Privacy and Data Handling Policy [www.alkiss.ca/privacy-data-handling-policy], the terms of which appear on this Website and are incorporated into these Terms. You agree that the terms of this policy are reasonable. You consent to the collection, use and disclosure of your personal information by AW or its agents or representatives in accordance with the terms of and for the purposes set forth in the Privacy Policy.

8. GOVERNING LAW

These Terms will be governed by and construed in accordance with laws of the Province of British Columbia and of Canada, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the Province of British Columbia, Canada. 

9. GENERAL

The relationship between AW and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or your use of this Website. The failure of AW to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms will be ruled unenforceable, then the remainder will be enforced to the extent permissible. This Website is not intended for use by children under the age of 19. Use of this Website is void where prohibited by applicable law.

10. CUSTOMER SUPPORT AND INFORMATION

Please contact us at info@alkiss.ca for assistance with questions about your purchase, shipment, warranty service, and any exchanges, returns, cancellations or transfers, or to change your address or to inquire about orders, bills and invoices.



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