PICK IT TEERS TERMS AND CONDITIONS

TABLE OF CONTENTS

01. PRIVACY 02. TERMS AND CONDITIONS 03. OBLIGATIONS 04. ELECTRONIC COMMUNICATIONS 05. YOUR ACCOUNT 06. PRICING & PAYMENT 07. SHIPPING & RETURNS, REFUNDS 08. RISK OF LOSS 09. DELAYS AND COMPLAINTS 10. ONLINE RELIABILITY 11. PRODUCT DESCRIPTIONS 12. ENTIRE AGREEMENT 13. CONTACTING US

Welcome to www.pickitteers.com (the "PickItTeers.com site"). PickItTeers.com provides website features and other products and services to you when you visit or shop at the pickitteers.com site. PickItTeers.com provides the following conditions.

By use of Service of Purchase of Item offered by the Company Pick It Teers, in person or by using PickItTeers.com, you agree to these conditions. Please read them carefully.

Last updated: Feb 23 2020

1. PRIVACY

• Please review our Privacy Policies, to understand our practices.

2. TERMS AND CONDITIONS

• 2.1 These Terms shall apply to all agreements by purchase concluded between the Seller (“Seller”) and the Purchaser (“Buyer”) to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
• 2.2 These Terms of Sale may be varied by expressed vocal agreement between the Seller and the Buyer. Unless the Seller sees any necessary need to take precautionary measures by instating a written and formal agreement, signed by both the Seller and the Buyer.
• 2.3 It is important to understand that this is an agreement between Pick It Teers and its Buyers. What constitutes as a violation of this agreement is at the sole discretion of Pick It Teers.
• 2.4 Any dispute arising from or relating to this agreement under it shall be resolved amicably through discussions between Buyer and Seller attempting in good faith to negotiate a resolution thereof; provided, however, that either buyer or Seller may seek injunctive relief from a court of proper jurisdiction where appropriate, in order to maintain the status quo while this procedure is being followed.
• 2.5 If the parties fail to resolve any dispute arising under this agreement or the parties are not successful in resolving the dispute through self-help, the dispute shall be resolved by litigation.
• 2.6 All notices must be in writing to Pick It Teers, [email protected], or such address as is advised by the Company.
• 2.7 We do not object to the signing of contracts outlining confidential materials, knowledge, or information that the party wishes to share with another for certain purpose, but wish to restrict access to or by third party. (NDA) Non-Disclosure-Agreement, (CA) Confidential-Agreement, (CDA) Confidential-Disclosure-Agreement, (PIA) Propriety-Information-Agreement, (SA) Secrecy-Agreement.

3. OBLIGATIONS

• 3.1 The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law.
• 3.2 The Company shall be entitled to use a Group Company or other subcontractors for the provision of the Services provided always that the Company shall remain liable to the Buyer for the performance of the sale as if it had carried them out itself.
• 3.3 If any of the Goods are found by Seller to be defective, such Goods will, at Seller’s option, be replaced or repaired at Seller’s cost or Seller will refund the purchase price.
• 3.4 The Company advises that regular, fresh content added to the site will help to improve the stability of rankings within search engines and the Buyer understands that regular, unique content plays an important part in the success of a website and failure to add unique content will lessen the impact of SEO services.
• 3.5 IN NO EVENT SHOULD SELLER BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING WITHOUT LIMITATION BREACH OF ANY OBLIGATION IMPOSED ON SELLER HEREUNDER OR IN CONNECTIN HEREWITH. THE REMEDY UNDER THE WARRANTY PROVISION IS LIMITED TO REPAIR OR REPLACEMENT. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including without limitation, property handled or processed by the use of the goods). Buyer shall indemnify the Seller against all liability, cost or expense which may be sustained by Seller on account of any such loss, damage or injury.
• 3.6 The Buyer shall indemnify and keep the Company indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Buyers advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
• 3.7 The Buyer shall provide assistance and technical information to the Company, as reasonably required by the Company in sufficient time to facilitate the execution of an Order in accordance with any estimated delivery dates or milestones. The Buyer shall have sole responsibility for ensuring the accuracy of all information provided to the Company and warrants and undertakes to the Company that the Buyer's employees assisting in the execution of an Order have the necessary skills and authority.
• 3.8 The Buyer shall be obliged to inform the Company immediately of changes of domain names, websites, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by the Company.

4. ELECTRONIC COMMUNICATIONS

• 4.1 When you use any PickItTeers.com, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Pick It Teers site or through other PickItTeers.com Services, such as our Newsletter Center. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. YOUR ACCOUNT

• 5.1 You may need your own Pick It Teers account to use certain PickItTeers.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Pick It Teers does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of sixteen, you may use the PickItTeers.com Services only with involvement of a parent or guardian. PickItTeers.com reserves the right to refuse service, terminate accounts, terminate your rights to use PickItTeers.com Services, remove or edit content, or cancel orders in its sole discretion.

6. PRICING & PAYMENT

• 6.1 Prices stated are subject to change without notice in the event of (i) alterations in specifications, quantities, designs, or delivery schedules: (ii) increases in the cost of fuel, power, material supplied, or labour, and/or (iii) foreign or domestic legislation enacted by any level of government, including tax legislation which increases the cost of producing, warehousing or selling the Goods purchased hereunder.
• 6.2 Prices stated are based on Seller’s standard packaging. Seller reserves the right of packaging the Goods in pallets, bulk or individual cartons. Packaging will be standard commercial package and acceptable to commercial carrier. Special customer packaging will be furnished only when specified and so stated herein, and the cost thereof shall be borne by Buyer.
• 6.3 We generally do not charge your credit card until after your order has entered the shipping process.
• 6.4 If, in Seller’s opinion, the financial condition of the Buyer at any time does not justify continuance of production or shipment on the terms of payment specified. Seller may require full or partial payment in advance. Terms or payment are those appearing on the reverse side of the invoice.
• 6.5 Unless otherwise expressly stated, all prices shall be in Canadian Dollars (CND) and shall be exclusive of taxes and other duties. In accordance, any sales, sue or similar taxes, export charges, fees or other levies, taxes or surcharges now or hereafter imposed in connection with the production, sale, delivery, use or proceeds of the goods herein specified (except for taxes on seller’s net income) shall be payable by Buyer, and if such taxes or fees are paid or are required to be paid by Seller, the amount thereof shall be added to and become part of the price payable by Buyer hereunder, unless Buyer provides Seller with a valid tax exemption certificate.

7. SHIPPING & RETURNS, REFUNDS

• 7.1 Seller shall use its own discretion in choice of carrier and method of packing. Seller shall not be responsible for insuring shipments unless specifically requested by Buyer and any insurance so requested shall be at Buyer’s expenses and valuation.
• 7.2 Title to any Goods sold and risk of loss of such Goods passes to Buyer upon delivery by Seller to carrier, and any claims for losses or damage shall be made by Buyer directly to carrier.
• 7.3 All returns allowed must be in original sale state unopened and/or in excellent resale condition. Payment returns will be issued the same way as the Buyer has paid, unless agreed upon between both the Buyer and Seller.

8. RISK OF LOSS

• 8.1 Risk of loss and title for items purchased from PickItTeers.com pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

9. DELAYS AND COMPLAINTS

• 9.1 Unless expressly specified to the contrary, Goods in stock will be shipped immediately, and Goods not in stock will be shipped as soon as possible. However, all shipping dates are approximate, and are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Seller will not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of this Agreement caused by or imposed by: (a) strikes, fires, disasters, riots, acts of God, (b) acts of Buyer, (c) shortages of labour, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to failure by subcontractor or supplier to make timely delivery, or (f) any other cause of condition beyond Seller’s reasonable control. In the event of any such delay or nonperformance, Seller may, at its option, and without liability, cancel all or any portion of this Agreement and/or extend any date upon which any performance hereunder is due.
• 9.2 The Buyers hereby acknowledges that certain Services rely upon goods and/or services being provided by third parties (‘Third Party Services’). The Buyer acknowledges that the Third Party Services will be governed by that third party’ terms and conditions and that the Company cannot provide any warranties in respect of the Third Party’s Services and will not be liable to the Buyers for any delays and/or failings in respect of the same. The Company may provide warranties under the consent of chosen Third Party Services. Warranties to the Buyer must satisfy itself whether or not such warranties (where given) are acceptable for the Buyers business purposes or risk management policies.
• 9.3 The Company’s only responsibility in respect of the Third Party Services is to take reasonable care and skill when selecting the providers of the same.

10. ONLINE RELIABILITY

• 10.1 The Company shall not be liable for downtime's, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent. The Company shall use its reasonable efforts to assist in remedial efforts if so requested by the Buyer.
• 10.2 The Company shall not be liable for any changes made without notice by the Buyer or a third party employed by the Buyer.
• 10.3 The Company shall use all reasonable endeavours to deliver Services relating to search engine optimization, links, advertisements, banners, pay per click and Google Analytics in accordance with the guidelines applicable, to the relevant search engines. However, the Company shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond the Company’s control and reserves the right to make changes to Services as a result of the same. In addition, the Company shall not be liable for other changes or discontinuation of search engines.
• 10.4 The Company shall not be liable for Services relating to search engine optimization, link building, advertisements, banners or sponsorship's leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. In addition, the Company shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.
• 10.5 The Company shall not be responsible for URLs dropped or excluded by a search engine for any reason.
• 10.6 Web Browser Cookies: Our sites may use “cookies” to enhance User experience. Placing cookies on the users hard drive for record-keeping purposes and sometimes to track information about them. You may disable cookies; Warning that the Website may not function properly.
• 10.7 The Buyer assume responsibility for all repercussions the Buyers domains, websites and content have online. If any of it becomes an issue for us the Seller (ex: we are named in a lawsuit because of something you have done) you either have to do your utmost to relieve us from any legal obligation or we will act independently to our best interest.

11. PRODUCT DESCRIPTIONS

• 11.1 Pick It Teers attempts to be as accurate as possible. However, PickItTeers.com does not warrant that product descriptions or other content of any PickItTeers.com Service is accurate, complete, reliable, current, or error-free. If a product offered by PickItTeers.com itself is not as described, your sole remedy is to return it in unused condition.

12. ENTIRE AGREEMENT

• 12.1 The parties acknowledge and agree that the Contract supersedes any prior agreement, understanding or arrangement between the parties, whether made orally or in writing and constitute the entire agreement between the Company and the Buyer relating to these Sales. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory or otherwise) are hereby excluded to the fullest extent permitted by law.
• 12.2 Upon Seller’s acceptance of buyer’s order, the terms and provision set forth herein shall constitute the entire agreement between Buyer and Seller and no statement, correspondence, sample or other terms shall modify of effect terms hereof.

13. CONTACTING US

• If you have any questions about the Terms and Conditions, Privacy Policy or the practices of the Company Website, please contact us:
  • Pick It Teers New and Used
  • https://www.pickitteers.com
  • Upper – 51 Plymouth rd.
  • Welland, ON L3B 3C5
  • [email protected]