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Maugee's Market Website User Agreement

 

  1. Terms and Conditions

 

(a)  The use of this website is governed by the policies, terms and conditions set forth below. Please read them carefully. You ("you" or the "User") agree to comply with the following terms and conditions in this agreement (the "User Agreement") in your use of this website and the purchase of products and services provided on this website by Maugee's Market, a registered trade mark or service mark of McNiece T.E.N.S. Inc. ("Maugee's"). Your use of this website indicates your acceptance of these terms and conditions.

 

(b) Your placement of an order indicates your acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Maugee's. Maugee's reserves the right to make changes to this site and these terms and conditions at any time.

 

  1. Products and Prices

 

(a) Maugee's reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to product descriptions, warranties and prices, due to errors, product discontinuation, changing costs, new market conditions or any other business factor.

 

(b) Maugee's policy is one of ongoing product update and revision. Maugee's may revise and discontinue products at any time without prior notice.

 

(c) All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges.

 

(d) All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, customs and duties, all of which shall be paid and provided for solely by the User.

 

  1. Payment Methods

 

(a)¬†The methods of payment accepted are PayPal, Mastercard and Visa, There is no surcharge for using your credit card to make purchases with Maugee's. Please be sure to provide your exact billing address and telephone number ‚ÄĒ the address and telephone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.

 

(b)  Your credit card will be billed on shipment of your order.

  1. Shipping Policy

 

(a) Maugees Market ships anywhere in Canada. All shipments are subject to stock availability. We process all orders within 1 or 2 days of us receiving it.

 

(b) Our choice of shipper for lower value items in Canada is Canada Post, however there is no insurance available.  For higher value items, our choice is Xpress Post, which provides insurance and a signature is required on delivery.  For deliveries in the London Ontario area, your merchandise should arrive the next day. Regional delivery is usually 2-3 business days, and national is usually 3-5 days.

 

(c) All products are being shipped out of Ontario so all shipping will have Ontario HST (13%) on it.


Damaged goods

 

You must report a defective product or shipping error immediately upon receiving the product to qualify for an exchange. If a package arrives damaged, note the damage or shortage in detail on your copy, have it signed by the individual who delivered your package and save the box and merchandise for inspection.

 

Returns procedure

Products may be returned to Maugee's for replacement or refund in the following manner:

 

(a)  Returns to Maugee's must be made within thirty days of the invoice date. Before returning any item, you must contact our Returns Department for a Return Merchandise Authorization number ("RMA"). No returns, of any type, will be accepted without an RMA number. The RMA number is good for only one item and must match the product authorized for return. RMA numbers are valid for ten business days and all returns must be received within ten days of obtaining the RMA number.

 

(b)  You are responsible for shipping costs of all returns. Special order items may only be returned for replacement and not for any refund. All returns must be sent via Purolator, UPS, Federal Express or any other courier that issues a tracking number.

 

(c) All items must be in "as-new" condition, in original packaging and with all warranty cards, manuals and accessories. If part of a product becomes defective, the full product must be returned for credit or replacement. The original packing slip must be included and the RMA number visible on the package. White manufacturer product tags that are attached on lead wires must remain intact. Any discrepancies could result in a delay or partial forfeiture of your refund.

 

(d) We will credit your account for merchandise purchased (save for          electrotherapy units) minus the re stocking fee, once the merchandise has been received and inspected. After 10 days there is a 15% restocking fee applied; after 20 days there is a 25% restocking fee and no returns after 30 days.

 

(e)  Electrotherapy units that are returned within thirty days are subject to a $75.00 rental fee plus compensation for any accessories that are not returned with the unit. ie, wires, batteries, manual, charger, electrodes or case.  There are no returns for Electrotherapy units after 30 days.

 

Manufacturer's Warranty

All returns and replacements occurring after sixty days from the invoice date must be made directly with the manufacturer. Manufacturer's warranties vary on each product. Extended warranties are available directly from select manufacturers. Manufacturer information is subject to change without notice.

 

Non returnable items

Compression garments, support garments, pillows, opened wound care products, opened packages of electrodes and all personal products that are worn next to skin are non-returnable.

 

Repairs for electrotherapy products (within the manufactures warranty)

It is the User's responsibility to cover all expenses of shipping to our office and back to your home for repairs. (Please note, 90% of the time, batteries, wires and electrodes are the issue) We recommend you email us so we can troubleshoot with you before you pay out the expense of shipping. A RMA and valid credit card to cover further shipping and or out of warranty repairs will be required before it is to be shipped to us.

 

Warranty

(a) Maugee's provides this web site, the information contained within it, and the associated products and services "as is", and expressly disclaim any warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular use.

 

(b) Any warranty that is provided in respect of the purchase of any product or service on this web site is provided solely by the manufacturer or owner of that product or service, and not by Maugee's.

(c) Maugee's make no representations or warranties with respect to the availability of any warranties for products or services used by the User outside Canada.

 

Disclaimer and Limitation of Liability as to Products Sold

(a)  In no event shall Maugee's be liable for any indirect, special, incidental or consequential damages arising from this web site, its contents or the purchase or licensing or any products or services provided on this web site.

(b) Maugee's makes reasonable efforts to ensure the accuracy and completeness of the information on this web site. Maugee's shall not be liable for any loss or damage suffered due to inaccurate or incomplete information relating to a product or service displayed in this web site.

(c) All of Maugee's products are guaranteed against defects for ten days from the date of the invoice. Notification as to any defects must be provided to Maugee’s by email within the ten day period.

(d) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, MAUGEE'S MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE MAUGEE'S WEB SITE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, MAUGEE'S EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON TIES WEB SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MAUGEE'S. ARISING FROM ANY PRODUCT SOLD ON THE MAUGEE'S WEB SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL MAUGEE'S, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

(e) SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED
WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

 

Entire Agreement

This User Agreement constitutes the entire agreement between Maugee's and the User, and cancels any written or oral agreements between the parties.

 

Governing Law

The laws of the Province of Ontario and the applicable laws of Canada will govern these terms and conditions and all related transactions. The parties agree to the exclusive jurisdiction of the courts of the Province of Ontario.   

 

Seller's Privacy Policy

 (a) We keep your personal information private and secure. When you make a purchase from our site, you provide your name, e-mail address, credit card information, address, telephone number and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

 

(b Our secure servers protect the information using advanced encryption and firewall technology. Your personal information cannot be read as it travels to our ordering system. In order to most efficiently serve you, reputable third party banking and distribution institutions handle credit card transactions and order fulfillment. They receive the information needed to verify and authorize your credit card and to process your order. They are under strict obligation to keep your personal information private.

 

(c)  In order to improve our services to you, we ask some of our customers to voluntarily complete surveys. Survey answers are confidential. If you do not wish to participate in a survey, simply decline to participate when asked. We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time. You may change any of your personal information in your e-Account online at any time.

 

Copyright and Trademark Notice

 

(a) This site is owned and operated by McNiece T.E.N.S. Inc. and "Maugee's Market" is a registered trade mark or service mark of McNiece T.E.N.S. Inc. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of McNiece T.E.N.S. Inc., Copyright © [2013], ALL RIGHTS RESERVED, All audio and video clips are the sole property of McNiece T.E.N.S. Inc. or its respective content providers.

 

(b) You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without Seller's prior written permission.

 

(c) All rights not expressly granted in this Agreement are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

(d)  Maugee's Market is a registered trademark or service mark of Seller. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Maugee's. All other trademarks or service marks are property of their respective owners. The use of any Maugee's trademark or service mark without tthe express written consent of Maugee's is strictly prohibited.