Conditions of Sale

Imperial Tobacco Company

1. Introduction

1.1 What these terms cover: These Terms and Conditions of Sale ("Terms"), together with all information and documents referred to in them, govern all sales of products ("Products") by us through this website (the "Website") to you.

1.2 Why you should read them: Please make sure you have read these Terms carefully, especially the limitations of our liability, before placing an order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Acceptance of these terms: By placing an order for a Product through our Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.

1.4 Eligibility: To register with and purchase Products via the Website, you must be an adult of legal age to purchase vaping products in your Canadian jurisdiction of residence.

1.5 We may amend these Terms from time to time: Every time you order a Product, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on March 9th 2018.

1.6 Website terms of use: Your use of our Website is governed by our Website Terms and Conditions. Please read these as they include important terms that apply whenever you visit this Website.

2. Information About Us

2.1 Who we are: When you purchase a Product through our Website you will be contracting with Imperial Tobacco Company Limited, 3711, St-Antoine Street West, Montreal (Quebec) H4C 3P6 ("we", "our" or "us").

2.3 How to contact us: To contact us, please see our Contact Us page or email us at support@govype.ca or write to us via post at Consumer Service (Imperial Tobacco), 3711, St-Antoine Street West, Montreal (Quebec) H4C 3P6.

2.4 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

3. Our Products

3.1 Products may vary slightly from their pictures: The Products are as described on this Website from time to time. Please note that the Products and any packaging on the Website are for illustrative purposes only. Slight variations may occur between the delivered Product and packaging, and the image of the Product and packaging given on the Website. You should ensure that you have checked the Product description on the Website before placing your order.

4. How To Order

4.1 We only sell to adults of legal age to buy vaping products in Canada: We only accept orders from adults of legal age to purchase vaping products in their Canadian jurisdiction of residence, and who can receive their shipment at a Canadian postal address by showing a valid government issued ID upon delivery.

4.2 Credit card required: To place an order, you must be the holder of a valid credit card and provide the details.

4.3 Ordering process: You may place an order for a Product via our online order process on the Website. The Website contains instructions on how to complete the order process and check and amend any errors before submitting your order to us. At the end of the order process you will be asked to provide payment through the on-line payment facility. Your order will be submitted to us when you click on the "SUBMIT ORDER" button at the end of the order process. Your order represents an offer to us to purchase a Product.

4.4 How we will accept your order: After you place your order, we will send you a confirmation email confirming our acceptance of your order, at which point a contract will be created between us.

4.5 Taking payment: By placing an order, you authorize us to immediately charge your payment card for the purchase price and we are entitled to rely on your placing of an order as an instruction to us to take your payment.

4.6 If we cannot accept your order: : If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline.

4.7 Products are subject to availability: All Products shown on the Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and will not process your order.

5. Prices

5.1 Prices and delivery Costs: All prices stated exclude applicable taxes. Delivery charges will be indicated to you at the time of ordering and will be added to the purchase price before you confirm your order.

5.2 Where to find the price: The price of a Product is as published on the Website on the date you place your order. Prices are subject to change without notice at any time, but changes will not affect any order that you have previously placed.

5.3 What happens if we got the price wrong: It is possible that, despite our reasonable efforts, a Product on our Website may be incorrectly priced. If we discover an error in the price of a Product that you have ordered we will inform you of this error and give you the option to continue with your order at the correct price or to cancel your order. If you do not respond to us within 7 days, we will treat the order as cancelled and notify you in writing

6. How To Pay

6.1 How to pay: You may pay for the Product with a credit card or any other payment method that we indicate to you that we will accept from time to time, using the online payment facility. The payment facility is operated by a third party provider. Your use of the payment facility will be subject to the terms and conditions of the third party provider. You should ensure that you have read and agree with those terms and conditions before using the payment facility.

6.2 Authority for payment: We will request authority for payment from your card at the time you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.

6.3 In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment authorized by or made by you.

7. Shipping

7.1 Canada only: Delivery of a Product will only be made to a Canadian postal address.

7.2 Delivery cost and method: Your order will be sent using one of our delivery service providers at the cost displayed on the Website before you confirm your order. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided.

7.3 When we will provide the Products: We will indicate our estimated delivery date on the Website. Please note that the date indicated on the Website is only an estimate and is not guaranteed. We will send you an email confirming when your Product has been shipped, which will be within 30 days after the date on which we accept your order.

7.4 We are not responsible for delays outside of our control: If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. However, if you have not received your Product within 5 business days of the date we confirm that your product has shipped, please notify us.

7.5 When you become responsible for the Products: The Products will be your responsibility once they have been delivered to the address indicated in your order.

7.6 When you own the Products: You will own the Products once we have received payment from you in full.

7.7 If you are not at home when the Product is delivered: An adult will be required to sign and accept responsibility for the Product at the time of delivery. The Products will not be left in a mailbox or at the doorstep. Please have government-issued photo identification available at the time of delivery to help confirm your age. If an adult is not available at your address to take delivery, a note will be left informing you of how to arrange for delivery or where to pick-up the Products.

7.8 If you do not re-arrange delivery: If you do not arrange delivery or collect the Products from a pick-up location specified in a note left at your delivery address, we will contact you for further instructions. If we are unable to arrange for a new delivery time, we may cancel the contract and the Products will be returned to our warehouse. 

7.9 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:

a) deal with technical problems or make minor technical changes;

b) update the Product to reflect changes in relevant laws and regulatory requirements;

c) make changes to the Product as requested by you or notified by us to you.

8. Delivery & Returns

8.1  Our Delivery & Returns Policy sets out additional information about how we deliver our Products, and how/when you can return them. The policy is available through our Website, and hereby incorporated into these Terms by reference.

9. Complaints

9.1 How to tell us about problems: Please contact us via email or the address provided in these Terms if you have any complaints about the Products. We aim to resolve any complaints as far as possible within 14 days.

10. CREATING AN Account

10.1 How to create an account: You may place an order to purchase the Product by creating an account on the Website. In order to apply to create an account, please follow the instructions on the Website. It will be at our sole discretion as to whether we accept your application to create an account.

10.2 One account per user: Only one account may be created per individual user.

10.4 What information do we require: You will be asked to provide information including your name, date of birth, email address and billing address when creating your account. We require your date of birth and your billing address to verify that you are an adult of legal age to purchase vaping products, as set out in ourPrivacy Policy. Your email address will be used to identify you when you use it to access your account on the Website. You agree to update and maintain accurate information in connection with your account. We reserve the right to terminate your account in the event that you provide an invalid email address or other inaccurate information.

10.5 Choosing a password: You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorized access resulting from your failure to keep your password secure. We encourage you to use a "strong" password (including a combination of numbers and letters) that is unique to our service. You agree to notify us immediately in the event of any unauthorized use, or suspected unauthorized use of your password or account.

11. Cancelling Your Account

11.1 We may cancel your account: We may temporarily suspend or cancel your account at any time and for any reason without notice.

11.2 You may cancel your account at any time and for any reason by contacting us by email, by changing your account preferences on www.govype.ca or by post at the address set out in section 2 above. We may need to take steps to verify your identity before we can make changes in connection with your account.

12. How We May Use Your Personal Information

12.1 Use of your information: Any personal data that you provide to us through our Website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.

12.2 Your consent to our use of your data: By providing your personal data to us you are consenting to its use in accordance with these Terms and our Privacy Policy.

12.3 Your consent to our use of cookies: Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Cookie Policy, however, you may delete any of these cookies at any time if you wish. Please see our Cookie Policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

13. Limitation of Liability

13.1 No liability for remote and/or unforeseeable harms: If and to the extent that we fail to comply with these terms, we are solely responsible for foreseeable loss or damage that you suffer directly as a result of our non-compliance with this contract or our failure to use reasonable care and skill in our performance of this contract. However, we are not responsible for any loss or damage that is not reasonably foreseeable, nor any indirect, consequential or economic losses (whether or not caused by our conduct). We are similarly not responsible for any loss or damage to third parties, nor any loss or damage that is reasonably attributable to your improper use of the product/service or your own non-compliance with the terms of this contract.

13.2 We are not liable for business losses: We only supply the Products for domestic and personal use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Other important terms

14.1 We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

14.2 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3 Nobody else has any rights under this contract: This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not follow-up immediately and continue to provide you with the Products, we can still require you to make the payment at a later date.

14.6 We may change, modify or revise these Terms at any time: We may change any aspect of these Terms at any time. We will provide you with notice regarding changes to these Terms, and indicate the date upon which they will take effect. 

14.7 Which laws apply to this contract The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside.

14.8  Alternative dispute resolution.  EXCEPT WHERE PROHIBITED BY LAW, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts. A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.