Solar Nova Scotia E-Commerce Terms of Sale
In addition to the Website Terms of Use which govern your use of this site (the “Site”), these E-Commerce Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by Solar Nova Scotia. Solar Nova Scotia is the supplier for your order. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.
-
Confirmation and Acceptance of Order(s)
Confirmation that your order has been received by Solar Nova Scotia does not constitute acceptance of your order. There may be certain orders that Solar Nova Scotia must reject before acceptance or cancel after acceptance. Solar Nova Scotia reserves the right at any time after receipt of your order to accept or reject your order for any reason and Solar Nova Scotia will contact you of its decision to accept or reject your order. In the event that Solar Nova Scotia rejects the order, Solar Nova Scotia will have no obligation to fulfill your order and you will have no obligation to pay Solar Nova Scotia for the order. Solar Nova Scotia also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason.
Solar Nova Scotia may also require additional verifications or information before accepting any order. Solar Nova Scotia will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Solar Nova Scotia or if additional information is required to accept your order.
-
Method of Payment
You may pay for your purchase using Paypal or credit card and you authorize Solar Nova Scotia to charge the applicable account or card for the purchase price and you represent and warrant that you are the account or cardholder as applicable. If your payment is rejected, your order will not be shipped and Solar Nova Scotia will have no obligation to fulfill your order. All billing and order information provided by you to Solar Nova Scotia must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.
-
Shipment
Solar Nova Scotia is not responsible for any loss of the products following shipment from Solar Nova Scotia or its agents to your delivery address.
-
Cancellation, Returns, Refunds, and Exchanges
You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and Solar Nova Scotia will respect all such applicable laws.
-
Passwords
You are responsible for the security of your Paypal account and password. Solar Nova Scotia shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.
-
Changes to the Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the check out process. Solar Nova Scotia may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Solar Nova Scotia you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.
-
Disclaimers of Warranties
To the maximum extent permitted by applicable laws, Solar Nova Scotia disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. Solar Nova Scotia makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
-
Limitations of Liability
In no event shall Solar Nova Scotia be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you including for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data.
If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Solar Nova Scotia for damages of any nature suffered by you shall in no event exceed the purchase price of your transaction.
The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Solar Nova Scotia had been advised or had reasons to know of the possibility of such damages.
Reference to “Solar Nova Scotia” means Solar Nova and its affiliates, officers, directors, employees, contractors, and agents.
Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This section shall apply to you to the maximum extent permitted by applicable laws.
-
Applicable Law
These Terms of Sale will be governed by the laws of the province of Nova Scotia and the laws of Canada applicable therein. The exclusive jurisdiction for any claim, action or dispute with Solar Nova Scotia or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Nova Scotia.
-
General
These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Site constitute the entire agreement between you and Solar Nova Scotia with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Solar Nova Scotia to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Solar Nova Scotia’s rights with respect to such breach or any subsequent breaches. Solar Nova Scotia shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable shipping delays. You may not assign these Terms of Sale to any third party without the prior written consent of Solar Nova Scotia. These Terms of Sale will be binding upon and will enure to the benefit of: (i) you and your heir, executor, administrator and other legal representatives; and (ii) Solar Nova Scotia and its successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English.