TERMS AND CONDITIONS OF SALE (T&Cs)
Last Updated October 10th 2020
These Terms and Conditions of Sale (the “T&Cs ") are made between Groupe SEB Canada Inc. (the "Company" or "we" or "us"), and individuals purchasing finished product(s) on the t-fal.ca online store (the “Online Store”). Only individuals not engaged in retail or trade of products are authorized to purchase products from the Online Store. You represent that you are not engaged in retail or trade of products.
By placing an order on the Online Store, you agree that your purchase of any products from the Online Store will be governed exclusively by these T&Cs and you agree to be bound by these T&C.
We reserve the right to modify these T&Cs at any time. Please check these T&Cs periodically for changes. The T&Cs in force at the date of your purchase will apply to such purchase.
We suggest you retain these T&Cs on a durable medium, by physically printing them or by saving them electronically.
PLEASE NOTE THESE T&Cs only apply for the purchase of finished products on the Online Store.
For purchase of accessories and spare parts, please consult: services.t-fal.ca/en/sales-conditions
CUSTOMER CONTACT INFORMATION AND COMMUNICATIONS
Phone number: 1-800-418-3325 9 AM to 4 PM weekdays business hours
You consent to receive notices and other communications relating to these T&Cs and to any transaction you make in the Online Store by the Company posting notices on the Online Store, sending you an email at the email address provided when you make a purchase or listed in your profile on your account, or mailing a notice to you at your billing address. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- ORDER PROCESS
To place an order on the Online Store, you must be more than 18 years old or possess legal guardian consent. Also, you should have legal capacity to contract and place an order on the Online Store.
Products which may be purchased from the Online Store are available for sale and delivery to customers in Canada only.
You may be required to register for an account to make a purchase from the Online Store. Your username and password are for your personal use only. You should take care to protect your password and not disclose it to anyone because you are personally responsible for each purchase made with your username and password. You are also responsible for keeping your account information, including your email address, up to date. You agree to accept responsibility for all activities that occur under your account. The Company reserves the right, in its sole discretion, to terminate or suspend your account for any reason.
After you have selected and added the product(s) you wish to purchase to your cart, and selected the method of shipment, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the product(s) you have ordered, the purchase price, and any applicable charges for shipping and taxes. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on the Company until accepted by the Company.
After validation and payment of the order, you will receive an email acknowledging the order and giving an order reference number. However, the receipt of an order acknowledgement does not guarantee the acceptance of an order.
- DISPLAYED INFORMATION
We may modify the products, services, descriptions, prices and other information displayed on the Online Store at any time without prior notice.
We use reasonable efforts to ensure that products and/or services descriptions are accurate and complete. However, dimensions, colours, weights, measures and other descriptions are approximate and provided for reference purposes only. We do not represent or warrant that products, services, prices, product images, or other descriptions or specifications on the Online Store will be accurate, complete, reliable, current, or error-free.
We will fulfil the orders received from the Online Store subject to availability of the products. Should the ordered products not be available, we will notify you.
In some cases, a product may become unavailable after confirmation of the order and payment by you. In that case, we will notify you as soon as possible and provide options for resolution.
All prices and other amounts expressed in the Online Store are and will be processed in Canadian dollars. All product prices do not include shipping costs, handling charges or applicable taxes. Separate charges for shipping, handling and applicable taxes will be calculated on checkout and shown on the Order Confirmation for each order. Prices are firm at the time of placing the order subject to availability of the products. Should one or more taxes or levies, such as environmental contributions, become applicable, increased or reduced, this change may be reflected in the sale price of the products on the Online Store and in the sales documents.
We reserve the right to modify our prices at any time, but the price invoiced to you will be the price in force at the time of the confirmation of your order.
We will use reasonable efforts to verify prices of the products listed on the Online Store. However, where a product’s correct price is less than the stated price online, we will charge you the lower amount. If a product’s correct price is higher than the price stated online, our Customer Service department will contact you for instructions before shipping the product. If you are unreachable using contact details provided, the order will be treated as cancelled and we will notify you of such cancellation by email.
You may pay for your purchase using any method identified in the checkout process of the Online Store and you authorize the Company to charge the applicable payment method for the total amount shown in the Order Confirmation. You represent and warrant that you are the authorized owner of the applicable payment account.
Online credit card transactions are subject to validation checks by credit card issuers and the Company’s payment processor. If your payment is rejected by the issuer of the payment method, your order will not be accepted or shipped and we will have no obligation to fulfil your order.
Your card issuer may also charge you an online handling fee or processing fee.
5.1 Shipping methods
Orders will be shipped only to addresses in Canada. We reserve the right, at our sole discretion, not to ship products ordered from the Online Store to certain addresses. In the event that we chose not to ship a product, you will be notified by email and any amount paid by you for the order that is not shipped will be refunded.
Shipments will be made to the address provided by you and according to your selected delivery option. Shipments cannot be made to PO boxes.
You agree to provide all required information related to the delivery (place, recipient, etc.) when placing the order. You are responsible for any errors when providing the delivery information. We may charge you any extra shipping cost to offset expenses incurred by multiple attempted deliveries and /or re-routing due to a defective address.
Orders are usually processed within 48 business hours and may take 3-7 business days to arrive to your location. These times are estimates only. We do not guarantee any specific delivery times. Once the order is shipped, you will receive an email confirmation with a tracking number.
The Company will not be responsible for any damages or costs resulting from any delays in delivery.
The manufacturing time for customized items will be added to the delivery time depending on the selected delivery option.
Products purchased may be shipped to you in separate packages, even if purchased in a single order.
5.2 Cost of shipping:
The shipping cost will depend on the delivery option you select. The available delivery options and their associated cost will be shown to you prior to your confirmation of the order.
- PRODUCT WARRANTY
The manufacturer’s warranty for products available in the Online Store is set forth in the links below.
The following warranty applies to T-FAL small domestic electrical appliances
The following warranty applies to T-FAL cookware, bakeware and pressure cookers
Please ensure you retain our receipt/proof of purchase as this document will be required for you to exercise your warranty rights.
ALL WARRANTIES ONLY APPLY TO PRODUCTS WHICH ARE MANUFACTURED AND SOLD AS T-FAL PRODUCTS FROM THE ONLINE STORE. T-FAL DISCLAIMS ALL WARRANTIES FOR NON-T-FAL PRODUCTS, EVEN IF PACKAGED OR SOLD WITH AN T-FAL ITEM.
Other warranty exclusions:
- defects caused by accident, neglect, abuse, misuse, misapplication.
- defects caused by exposure to extreme natural conditions, liquids or gases.
- defects caused by handling by third parties
- defects caused by service including repairs, performed by anyone other than a Company authorized representative.
- defects caused by a modification of the product without the Company’s permission.
- if the product serial number has been removed or defaced, or if the displayed serial number does not correspond to the nature, type, or origin of the product.
6.2 How to make a warranty claim
The product warranty terms describe the process for making a warranty claim for a product. You should read and follow the procedures described in the warranty terms if you need to make a warranty claim.
- PRODUCT RETURN
If you are not completely satisfied with your purchase, products purchased directly from the Online Store can be returned within 45 days of the delivery date for a full refund.
PLEASE NOTE THAT WE CANNOT ACCEPT RETURNS ON CUSTOMIZED/PERSONALIZED ITEMS.
How to return your product?
Product must be returned unused and in original packaging in order to receive a full refund (less shipping, handling, and restocking fees).
You must return the product within 30 days of receipt of the product along with the original Online Store purchase receipt and a signed letter stating your full name, telephone number, address, and the reason for the return.
A pre-paid shipping label will be issued upon request. Please send us a message to request a pre-paid shipping label for return.
Mail your returned product to:
T-FAL Canada Returns
36 Newmill Gate, Unit #2
Scarborough, ON M1V 0E2
In some case, consumer service may instruct you on a different process for returning the Products. Please follow their instructions.
- Unauthorized returns will not be accepted.
- Please allow 4-8 weeks for return processing.
- Your refund will be applied to your original form of payment upon complete inspection of your return.
Products that have been excessively worn, used, or altered will not be accepted for return or exchange. Merchandise showing malicious physical damage is not covered under this return policy.
Unless otherwise stated, shipping and handling charges are not refundable. You agree to pay all expenses related to shipping charges on all products.
We reserve the right to include a 10% restocking fee, which would be deducted from your refund. Unless otherwise stated, we do not refund the original shipping and handling that you paid on the order.
If you have any questions about our return policy, please contact us at 1.800.418.3325 or online https://www.t-fal.ca/en/contact-us
- SIGNATURE AND EVIDENCE OF AGREEMENT
The keying in of your bank card details online and your final confirmation of the order will serve as evidence of the order and shall constitute evidence of payment being due for the products ordered as shown on the order form.
This confirmation or the order will be considered as a signature and an express acceptance of the transactions which have been carried out on the Online Store.
The computerised records retained in the information systems of the Company and its partners in reasonably secure conditions will be considered as evidence of the communications, orders and payments made between the parties.
- WARRANTY EXCLUSION AND DISCLAIMER; LIMITATION OF LIABILITY
These T&Cs and the warranties in the links above set forth all our obligations and responsibilities regarding the provision of the products from the Online Store.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND EXCEPT AS OTHERWISE STATED IN THE WARRANTIES SPECIFIED FOR THE PRODUCTS, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
All delivery dates are estimates only. We are not responsible for any delays or failure to perform any of our obligations if any delay or failure is due to circumstances beyond our control including but not limited to strikes, lockouts, fires, riots, wars, inability to obtain materials, components or supplies, failure or breakdown of machinery, production scheduling delays, government regulations, pandemics or epidemics..
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS MADE AVAILABLE TO YOU ON THE ONLINE STORE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGESHOWSOEVER CAUSED.UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SALE OF PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
FOR THE PURPOSES OF THIS SECTION, “THE COMPANY” SHALL INCLUDE the Company, its divisions, affiliates, subsidiaries and related companies including their successors and assigns, and their respective directors, officers, shareholders, employees, agents, mandataries, contractors, licensors, licensees, and third-party suppliers.
- PERSONAL DATA
The Company gathers personal data to process your order and may be required to communicate it to its commercial partners in order to fulfil your request.
The Company applies reasonable means in order to preserve your order and payment data securely, but the Company cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data that you have provided by accessing or placing an order through this website or the Online Store.
In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable by a change in legislation, regulation or by a court decision, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
These T&Cs shall apply for as long as the products are available on the Online Store.
- APPLICABLE LAW AND COMPETENT JURISDICTION
The Company controls this website from its offices within Ontario, Canada. You agree that these T&C and all matters relating to the access to, use of, or purchases through this website and the Online Store will be governed and construed in accordance with laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, and the competent courts of Ontario shall have jurisdiction.
The failure of the Company to enforce and provisions of these T&C or to respond to a breach or default by you or any third party of these T&C shall not in any way waive the right of the Company to subsequently enforce any of the T&Cs contained herein or to act with respect to similar breaches or defaults.