TERMS OF SALE
These Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the Joule website (“Site”) operated by JOULE / JOULERS INC. (also operating and referred to herein and on the Site as “Joule” or “Joulers Inc.”) 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.
1. Ordering Process
All advertisements on the Site are invitations to purchase and not offers to sell. JOULE 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 JOULE after you place your order on the Site. This online confirmation that your order has been received by JOULE 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 associated with your account.
2. Rejection or Cancellation of Orders
There may be certain orders that JOULE must reject before acceptance or cancel after acceptance. JOULE reserves the right at any time after receipt of your order to accept or reject your order for any reason and JOULE 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 JOULE rejects the order, JOULE will have no obligation to fulfill your order and you will have no obligation to pay JOULE for the order. JOULE 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; or
• A product recall on the item that you have purchased;
JOULE may also require additional verifications or information before accepting any order. JOULE 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 JOULE or if additional information is required to accept your order.
The purchase of products on the Site is subject to availability. In the event that JOULE advises you that any products are no longer available, JOULE will have no obligation to fulfill your order and you will have no obligation to pay JOULE for the order.
By confirming your purchase at the end of the check-out process, you agree to pay JOULE 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 US dollars and an estimate of all applicable taxes. The Purchase Price will be charged in US dollars to your selected method of payment. 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, JOULE will have the right, at JOULE 's sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mis-priced, JOULE may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
5. Quantity Limits and Dealer Sales
JOULE 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, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. JOULE 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.
6. Method of Payment
You may pay for your purchase using VISA, MasterCard, American Express (AMEX) or Discover Card and you authorize JOULE to charge the applicable account for the Purchase Price and you represent and warrant that you are the account holder of the applicable account. If your account is rejected by the issuer, your order will not be shipped and JOULE will have no obligation to fulfill your order.
All billing and registration information provided by you to JOULE must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.
Your order will be shipped to you by one of JOULE'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.
JOULE is not responsible for any loss of the products following shipment from JOULE’s or its agents’ or mandatories facilities to your delivery address.
The products you purchased may be shipped to you separately. 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 by JOULE in one or more charges, as products are shipped. We currently ship within Canada and the United States.
8. Cancellation, Returns, Refunds, and Exchanges
You may have certain statutory rights to cancel your order under applicable consumer protection laws and JOULE will respect all such applicable laws.
In addition to these statutory rights, returns of product purchased on the Site are governed by JOULE's simple return policy which is, "All sales are not final. If there is a problem with your order, please contact us and tell us how we can fix it, and we will try to accommodate to the best of our abilities. We are happy when our customers are happy."
10. 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. JOULE 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 JOULE you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.
11. Limitations of Liability
In no event shall JOULE 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 JOULE 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 JOULE had been advised or had reasons to know of the possibility of such damages.
In this Section 11, reference to “JOULE” means JOULE, JOULER INC., JOULERS INC., and its affiliates and their respective officers, directors, employees, contractors, mandatories 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 11 shall apply to you to the maximum extent permitted by applicable laws.
You acknowledge that the goods sold on the Site may be subject to applicable customs and export control laws and regulations. By purchasing products from the Site, you agree to abide by all such applicable laws and regulations.
13. Applicable Law
These Terms of Sale will be governed by the laws of the province of Ontario 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 JOULE 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 Ontario unless required otherwise by applicable laws of your province or state of residence.
You may contact JOULE at:
By mail: 1670 MALCOLM AVENUE, UNIT 102, LOS ANGELES, CALIFORNIA, 90024
Or use the contact form below by clicking the CONTACT JOULE button.
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 his or her use of this Site, including all financial charges and legal liability that he or she may incur.