Terms and conditions

Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. Together with our current website prices, delivery details, contact details, and privacy policy, they set the whole of our agreement relating to the kwanga's supply to you by us.

Using the kwanga.ca website ('Kwanga's website') and placing an order with us, you are required to accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use, register for, or use the Kwanga.ca website.

To use any service provided on the Kwanga.ca website, you must register as an authorized user.

We reserve the right to change or vary these Terms and Conditions from time to time. Any such change will take effect immediately upon posting on the Kwanga.ca website.

It is your responsibility to read the Terms and Conditions each time you use the Kwanga.ca website. If you do not wish to accept any new terms and Conditions after they come into effect, you should not continue to use the Kwanga.ca website.

Continuing to use the Kwanga.ca website after any changes shall indicate your agreement to accept any new Terms and Conditions.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER

Definitions

In these Terms and Conditions:

'we,' 'us' or 'our' means Kwanga.ca, BSE Import-Export.

'you,' 'your' means the person or party using the Website.

'Kwanga.ca website,' 'Website' means Kwanga.ca as operated by us.

'working day' means any day other than a Saturday, Sunday, and holidays.

 

Registration

  1. 1.1 You must be over 18 years old and must complete the registration procedure to participate in the Kwanga.ca website service.
  2. 1.2 You must ensure your details provided on registration are correct.
  3. 1.3 You must inform us immediately of any changes to your details by updating your details.

Pricing and Product Availability

  1. 2.1 The prices shown on the Kwanga.ca website are exclusive of Ontario's GST (13%) and delivery charges.
  2. 2.2 Pricing and product availability are subject to change without notice.

Payment

  1. 3.1 We do not accept payment by cash or cheque for online orders. We only accept Mastercard, American Express, Visa ('Credit Card') Switch, Maestro, or Delta debit card.
  2. 3.2 Goods with age restrictions may only be paid for by Credit Card.
  3. 3.3 During checkout, you authorize your payment via our online payment facility. Fee will be charged on the day or the day after following your order's receipt but only after orders have been verified.
  4. 3.4 You will become the owner of the goods you have ordered when they have been delivered to you. Risk shall pass you upon delivery. This means that you shall be responsible for all loss or damage, or deterioration of the goods.

Delivery

  1. 4.1 Orders are processed within 1-2 working days upon receipt of the order subject to receiving the goods' payment depending on which delivery option you have chosen.
  2. 4.2 Any order made after 11 am and on any other day that is not a working day shall be processed on the next working day.
  3. 4.3 Any orders which are made on Friday using the delivery option will be processed on Monday. 
  4. 4.4 Goods shall be delivered to the shipping address specified by you on the completed order form.
  5. 4.5 Any changes to the order must be made before the order is dispatched.

Amendment of orders

  1. 5.1 We reserve the right to cancel your order if payment is not received or received on time.
  2. 5.2 You may request an amendment to an order before the despatch of your existing order by email, telephone, or fax with your revised order quoting your unique reference number.
  3. 5.3 Your order will be placed on hold until we agree to amend your order. We reserve the right to cancel or refuse any amendment.

Returns/Exchange

  1. 6.1 A request for a return or exchange of goods can only be accepted within ten working days from the invoice's date.
  2. 6.2 Any returns or exchanges can only be accepted if we authorize them.
  3. 6.3 Unless condition 8.1 applies, you remain responsible for the delivery charge, and this will be deducted from your payment before payment is refunded to you.
  4. 6.4 We reserve the right to refuse any return and exchange due to any reasonable or unethical reason.
  5. 6.5 Please queries regarding returns or exchanges; as a first port of call, please contact us.

Complaints Procedure

  1. 7.1 We will at all times try to provide you with satisfactory service at all times. In the event you are dissatisfied with any part of our service, please put your complaints in writing by email or post
  2. 7.2 We will advise you of our findings and let you know the proposed action we propose to assist your complaint.

Liability

  1. 8.1 If the goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email or telephone of the problem within ten working days of the delivery of the goods in question.
  2. 8.2 If you do not receive goods ordered by the delivery window you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within the delivery window. If you report a problem to us under this condition, subject to condition six above, our only obligation will be, at your option:
  3. 8.2.1 to make good any shortage or non-delivery;
  4. 8.2.2 to refund the amount paid by you for the goods in question in whatever way we choose.
  5. 8.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage, or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under condition 8.2.3 above.
  6. 8.4 You must observe and comply with all applicable regulations and legislation, including collecting GST taxes on purchases made through our Website. 
  7. 8.5 Notwithstanding the preceding, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Notices

  1. Unless otherwise expressly stated in these terms and conditions, all notices from you must be in writing and sent to our contact address at BSE Import-Export 196 Jeanne Mance St Unit 5, Ottawa, ON, K1L 6M2, Canada, and all messages from us to you will be displayed on our Website from time to time.

Events beyond our control

  1. We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

  1. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these conditions will not be affected.

Privacy

  1. You acknowledge and agree to be bound by the terms of our privacy policy.

Third-party rights

  1. A person who is not a party to this agreement has no right under the Canadian laws to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law

  1. The contract between us shall be governed by and interpreted by Canadian law, and the Federal and Provincial courts shall have jurisdiction to resolve any disputes between us.

Entire agreement

  1. These terms and conditions set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation; we shall have no liability for any such representation being untrue or misleading.