Terms of Sale

LAST UPDATED ON: FEBRUARY 18, 2022

In addition to the Terms of Use https://coopshop.ca/terms-and-conditions/ which govern your use of this site, www.coopshop.ca (the “Site”), these Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by Arctic Co-operatives Limited. Arctic Co-operatives Limited (also referred to herein and on the Site as “Arctic Co-ops”) 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.

This Site is only available for use by Canadian residents having a Canadian mailing address and only ships products to addresses in Canada.

Ordering Process

All products on the Site are invitations to purchase and not offers to sell. Arctic Co-ops reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order. You will receive online confirmation that your order has been received by Arctic Co-ops after you place your order on the Site. This online confirmation that your order has been received by Arctic Co-ops does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address you provide or associated with your account if you have one. Taxes and shipping will apply as of the date of shipping. Delivery will occur after the release date, which is set by the manufacturer or distributor, and is subject to change.

Rejection or Cancellation of Orders

There may be certain orders that Arctic Co-ops must reject before acceptance or cancel after acceptance. Arctic Co-ops reserves the right at any time after receipt of your order to accept or reject your order for any reason and Arctic Co-ops will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Arctic Co-ops rejects the order, Arctic Co-ops will have no obligation to fulfill your order and you will have no obligation to pay Arctic Co-ops for the order. Arctic Co-ops also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include:

• Limitations on quantities available for purchase;
• Inaccuracies or errors in product or pricing information;
• A product recall on the item that you have purchased;
• Arctic Co-ops is unable to verify a valid Possession and Acquisition License; or
• Problems identified by Arctic Co-op’s credit and fraud avoidance department.

Arctic Co-ops may also require additional verifications or information before accepting any order. Arctic Co-ops 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 Arctic Co-ops or if additional information is required to accept your order.

Availability and Description of Products

The purchase of products on the Site is subject to availability. In the event that Arctic Co-ops advises you that any products are no longer available, Arctic Co-ops will have no obligation to fulfill your order and you will have no obligation to pay Arctic Co-ops for the order. Product descriptions, representations, warranties, guarantees and performance claims are provided by our vendors and are not independently verified by Arctic Co-ops. The accuracy of such representations is the sole responsibility of the vendors. While the Site attempts to be accurate in its product descriptions. Arctic Co-ops does not represent or warrant that product descriptions or other Content on this Site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with Arctic Co-op’s Return Policy.

Price

By confirming your purchase at the end of the checkout process, you agree to pay Arctic Co-ops the amount set out as the ORDER TOTAL in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described herein (the “Purchase Price”). The ORDER TOTAL is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars to your selected credit card by Arctic Co-ops in one or more charges as each product is shipped. Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total. In the event that an item is listed at an incorrect price due to an error in pricing, Arctic Co-ops will have the right, at Arctic Co-op’s sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Arctic Co-ops may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Ad match does not apply to online prices advertised on the Site and is not applicable to orders placed on the Site.

Quantity Limits and Dealer Sales

Arctic Co-ops reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card or method of payment, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Arctic Co-ops also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) to a third party.

Method of Payment

You may pay for your purchase using VISA or MasterCard and you authorize Arctic Co-ops to charge the applicable card for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Arctic Co-ops will have no obligation to fulfill your order. You may pay for your purchase using a gift card and you represent and warrant that you have the right to use such means of payment that you provide to us. If your method of payment is rejected by the provider or has insufficient funds, your order will not be shipped and Arctic Co-ops will have no obligation to fulfill your order. All billing and registration information provided by you to Arctic Co-ops must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

Your credit card / gift card will be charged at the time you place your order.

Shipment

Your order will be shipped by one of Arctic Co-op’s third-party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped. Arctic Co-ops is not responsible for any loss of the products following shipment from Arctic Co-op’s or its agents’ facilities to your Co-op retail store in your community. If your products are shipped separately, the Purchase Price for your items, which includes the shipping fees, will be charged to your selected credit card / gift card by Arctic Co-ops at the time you place your order.

Cancellation, Returns, Refunds, and Exchanges

You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and Arctic Co-ops will respect all such applicable laws. In addition to these statutory rights, returns of product purchased on the Site are governed by Arctic Co-op’s Return Policy. Please review the Arctic Co-op’s Return Policy https://coopshop.ca/returns-and-exchanges/and print and retain a copy for your records. Arctic Co-ops will not exchange orders made online. Rather, customers who want to exchange an item purchased on the Site will have to return their purchase in accordance with Arctic Co-op’s Return Policy and then place a new order for the item they want.

Passwords

You are responsible for the security of your account and password. Arctic Co-ops shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.

Privacy

Arctic Co-op’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by Arctic Co-op’s privacy policy. Please review this privacy policy and print a copy for your records.

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 checkout process. Arctic Co-ops 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 Arctic Co-ops you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.

Order History

The Site will generally display a customer’s order history for the preceding twelve (12) month period. Arctic Co-ops may purge the order history from time to time without notice. 

Disclaimers of Warranties

Certain goods offered on this Site may have warranties that apply to them if noted on the applicable product page of this Site. These warranties are provided by the manufacturer, as applicable, of these products and not by Arctic Co-ops. To the maximum extent permitted by applicable laws, Arctic Co-ops disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable 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. Arctic Co-ops 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 Arctic Co-ops 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 Arctic Co-ops 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 Arctic Co-ops had been advised or had reasons to know of the possibility of such damages. In this section on limitations of liability, reference to “Arctic Co-ops” means Arctic Co-operatives Limited and its subsidiaries, affiliates and their respective 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 on limitations of liability shall apply to you to the maximum extent permitted by applicable laws.

Export

You acknowledge that the goods sold on the Site, which may include technology and software, may be subject to applicable customs and export control laws and regulations. By purchasing technology or software from the Site, you agree to abide by all such applicable laws and regulations.

Applicable Law

These Terms of Sale will be governed by the laws of the province of Manitoba and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Arctic Co-ops 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 Manitoba unless required otherwise by applicable laws of your province of residence.

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 Arctic Co-ops 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 Arctic Co-ops 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 Arctic Co-op’s rights with respect to such breach or any subsequent breaches. Arctic Co-ops 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 Arctic Co-ops. 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) Arctic Co-ops and it 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. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

You may contact Arctic Co-ops at:

Arctic Co-operatives Limited

1645 Inkster Boulevard

Winnipeg, Manitoba R2X 2W7

Customer Service: CoopShopSupport@Arctic.Coop or toll-free at 1-877-517-2667

By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for their use of this Site, including all financial charges and legal liability that they may incur.