TERMS AND CONDITIONS

1. Product Presentation and Pricing:

• Product Pricing:
  1. The price of a product shown on the Site represents the full retail price for the product as set by Sapphirus Stone and/or the manufacturer or supplier of the product in question and is based on standard industry practice or the estimated retail value for a comparable product offered elsewhere (the “Price List”).
  2. Notwithstanding any contrary information indicated in these terms of sale, the price displayed does not include shipping and handling charges, customs duties, and other taxes applicable to your order.
  3. You acknowledge that placing an item in a cart on the Website does not reserve the List Price for the subject product shown at that time for a future purchase. It is possible the List Price of the item in Your cart may increase or decrease between the time You place the item in Your cart and the time You actually purchase the product in question. The final and total cost of the order will be adjusted according to this variation higher or lower.
• Site Content and Product Descriptions:
  1. Sapphirus Stone is not liable for any errors on and/or omissions from the Site, including but not limited to any product presentation page for any product listed for sale on the Site. Sapphirus Stone has the right to change the information, prices, specifications, and descriptions for any products or services presented on the Site at any time without notice. Sapphirus Stone does not guarantee that any product description or content on the Site is accurate, complete, reliable, current, or free of error.
  2. Sapphirus Stone is under no obligation to fulfill an order for a product that was advertised at an incorrect List Price. If there is a mistake in the List Price of a product or service You have ordered, Sapphirus Stone will inform You with as little delay as reasonably possible. After You have been informed of the correct List Price for the product in question, You will be given an opportunity to reorder the product at the correct List Price through a separate transaction (subject to the terms and conditions of these Terms of Sale). If You have already paid for the product in question at the incorrect List Price, Sapphirus Stone will refund You the full amount paid subject to these Terms of Sale.
  3. Sapphirus Stone makes all reasonable efforts to correctly display the colour, texture, and details of products presented on the Site. However, Sapphirus Stone cannot guarantee that the colour, texture, or detail You see match that of the actual product. Differences in colour, texture, and details may occur, as a result of but not limited to the computer monitor used to view the products on the Site and the display settings and capabilities of such monitor.

2. Processing of Orders:

• Receiving an electronic or other type of order confirmation does not imply that Sapphirus Stone has accepted Your order, neither does it guarantee Sapphirus Stone’s offer to sell the products in question. All orders are received and accepted in the Province of Quebec, Canada.
• After receiving Your order, Sapphirus Stone reserves the right to decline, refuse, or cancel Your order at any time for reasons including but not limited to (i) non-availability of products, (ii) unsatisfied payment terms, (iii) product pricing mistakes, (iv) restrictions or interdictions on the products’ sale or use, (v) if Sapphirus Stone determines, at its sole discretion, that Your order was made for commercial resale purposes, and/or (vi) any other violation of these Terms of Sale. If You have already paid for the order and Sapphirus Stone cancels it, Sapphirus Stone will immediately issue a refund of the exact amount remitted for the unaccepted or cancelled order.

3. Customized Orders:

• Some products available from Sapphirus Stone may be labelled on the Site as, described on Sapphirus Stone's product quote or invoice as, or otherwise confirmed by Sapphirus Stone as a customized product (collectively referred to as “Customized Orders”).
• Unless indicated otherwise in these Terms of Sale, Customized Orders cannot be altered, cancelled, or refunded once an invoice has been issued.
• All deliveries of Customized Orders must be accepted within thirty (30) days of Sapphirus Stone’s or its agent’s first attempt at delivery (the “First Delivery Attempt”), otherwise storage fees will be applied to Your order (75$ / skid / month). If delivery of a Customized Order is not accepted within sixty (60) days of the First Delivery Attempt, the Customized Order will become the property of Sapphirus Stone or the supplier.
• Delivery times cannot be guaranteed for Customized Orders. Delivery lead times for Customized Orders are estimations only and may be subject to change.

4. Container Orders:

• Products can be purchased from Sapphirus Stone by the container (“Container Orders”). Container Orders must be placed by contacting Sapphirus Stone by phone at 1-647-323-4537 (North American and international customers). Different products and delivery locations require different Container Order lead times, which may vary significantly.
• Fifty percent (50%) of a Container Order must be paid to Sapphirus Stone as soon as the order is placed (called the “Container Order Deposit”), with the remaining fifty percent (50%) due upon delivery.
• Unless otherwise stipulated in these Terms of Sale, Container Order deliveries must be arranged with a Sapphirus Stone representative. Container Order delivery options will vary depending on the kinds of products ordered and the delivery address. All other terms provided in these Terms of Service relating to delivery (including but not limited to the Delivery Cost section) are also applicable on Container Orders.
• Container Orders that are also Customized Orders are subject to the payment terms outlined in Section 3 above.
• You must open a commercial account (“Commercial account opening Form”) with Sapphirus Stone and have it approved by the Sapphirus Stone credit team prior to placing Your Container Order, otherwise Your Container Order will not be accepted.

5. Modifications and Cancellations:

• Order Cancellations:
  1. Orders other than Customized Orders and Container Orders may be cancelled before delivery has been confirmed, subject to these Terms of Sale.
  2. Order Cancellation requests must be sent to info@sapphirusstone.ca and received and acknowledged by Sapphirus Stone before delivery or pick-up of the order, in accordance with these Terms of Sale.
  3. If the order has been already prepared for pick-up by our supplier at the time the cancellation request is received, Order Cancellation fees may apply.
• Order Modifications:
  1. For orders other than Customized Orders and Container Orders, modifications to an order may be requested so long as You understand that:
     • Your modified order may entail additional charges;
     • Your modified order may result in changes to shipping, handling, and/or delivery costs;
     • Your modified order may produce a delivery delay;
     • You must submit Your request for modification to info@sapphirusstone.ca; and
     • Your modification request must be received and acknowledged by Sapphirus Stone before delivery or pick-up of the order, as per these Terms of Sale.

6. Terms of Payment:

• Terms of payment are at Sapphirus Stone’s sole discretion. Unless otherwise confirmed in writing by Sapphirus Stone, payment must be received, authorized, or secured in a form approved by Sapphirus Stone prior to its acceptance of an order.
• Order must be paid using an approved credit card, wire transfer, Accord D, electronic funds transfer, or some other prearranged payment method stipulated in a written agreement and accepted by Sapphirus Stone.
• Invoices are due and payable by the date(s) specified on the invoice through electronic (including but not limited to email) confirmation between Sapphirus Stone and You.
• Sapphirus Stone may separately invoice parts of an order.
• Orders are not binding until they are accepted by Sapphirus Stone (see the Processing of Orders section above).
• Any estimates given by Sapphirus Stone are only valid for the period stated on the estimate. Sapphirus Stone reserves the right to adjust or cancel estimates as required.

7. Shipping and Delivery:

• General:
  1. Sapphirus Stone offers international delivery based on Your Shipping Address. Some restrictions may apply depending on the size and contents of Your order and any legal restrictions. Shipping is not available to post office boxes.
• Shipping Address:
  1. The Sapphirus Stone delivery agent(s) will deliver Your order to the Shipping Address provided at time of purchase, which is written on Your order’s invoice (referred to as the “Shipping Address”).
• Estimates:
  1. Delivery dates or lead times provided by Sapphirus Stone are estimated dates/times only and subject to change. Sapphirus Stone cannot guarantee the date or time Your order is delivered.
  2. The actual delivery date for Your order depends on many factors, including but not limited to the size and contents of Your order, the delivery method, and chosen delivery option(s) that were available when Your order was processed.
• Delivery Cost:
  1. You are responsible for all costs, including but not limited to customs and duties, related to the shipping and delivery of Your order to the Shipping Address.
  2. You must provide Sapphirus Stone with accurate and complete information to facilitate the delivery of Your order by Sapphirus Stone and/or its delivery agents.
  3. The shipping rates and delivery pricing provided by Sapphirus Stone are for Standard In-Home Delivery only. Additional charges may apply if Sapphirus Stone is unable to contact You before the delivery date, or if You are unable or unavailable to accept delivery of Your order, or if Your order must be redirected at Your request.
  4. If the quoted shipping rate and/or delivery pricing is incorrect due to typographical error, a mistake in the product’s attributes as described by a Supplier, or a pricing error by Sapphirus Stone’s delivery agents, Sapphirus Stone has the right to refuse, adjust, or cancel the order, even if the order has been confirmed and/or the payment has been received.
  5. Notwithstanding any contrary information indicated in these terms of sale, the price displayed does not include shipping and handling charges, customs duties, and other taxes applicable to your order.
• Delivery Options:
  1. Standard In-Home Delivery: Your order will be delivered to the Shipping Address only, unless a different agreement is made in writing with Sapphirus Stone. Standard In-Home Delivery includes delivery to the Shipping Address and the unloading of the truck by Sapphirus Stone’s delivery agents. If delivery is to a house, the Sapphirus Stone delivery agent will unload Your order from the delivery truck and leave it inside Your house in the room immediately beyond the door of entry (for example, in a garage if delivery is made through a garage door, or in a hallway or entranceway). Standard In-Home Delivery does not include delivery into a specific room of Your house. If delivery is to a condominium or apartment, Your order will be left in front of the first inside door for buildings containing an entranceway with two doors. For buildings with no enclosed entranceway, the order will be deposited in front of the door to the building. Standard In-Home Delivery does not include delivery into a specific unit of a condominium or building. The maximum number of staircases included in Standard In-Home Delivery is three floors. If there is an elevator then there is no maximum number of floors. See www.sapphirusstone/pages/shipping-information for more information about delivery.
• Order Inspection and Receipt:
  1. Ownership of the products in Your order is transferred from Sapphirus Stone and/or the supplier to You once the order has been delivered to Your Shipping Address and You have accepted the order.
  2. Upon delivery of Your order, You must inspect the delivery for missing items and damages. Any loss or damage claims must be recorded and filed according to these Terms of Sale.
  3. Risk of loss for Your purchased products is transferred to You upon transfer of title as explained above.

8. Claims:

1. Manufacturer Warranty and Claims:
   1. Sapphirus Stone offers no other warranties except those explained in these Terms of Sale and the warranty provided by the manufacturer of a given product that is in effect on the date that product is purchased.
   2. All warranties offered are provided solely by product manufacturers. Limited warranties for specific products sold by Sapphirus Stone or the supplier is communicated under the “Warranty” section of each product’s display page(s) on the Site. Each limited warranty applies to every respective product sale by Sapphirus Stone or the supplier.
   3. Any such warranties are considered in effect and will be honoured by Sapphirus Stone only if You have paid in full for the warrantied product.
   4. Before You can return any product, You must contact Sapphirus Stone to receive a Warranty Authorization (WA) number within the time period provided by the manufacturer (please refer to the specific manufacturer’s warranty for the product). The WA number can only be used for its associated product. The returned product must match the product described in the Warranty Authorization in order to be accepted for return.
   5. All returns must be received by the manufacturer or supplier within thirty (30) days of Your receipt of the WA number. Shipping arrangements for returns must be processed by Sapphirus Stone's shipping department. You are responsible for any shipping charges associated with returning Your order unless the manufacturer has stated in its warranty that it will accept responsibility for such costs. Where possible or as specified by the manufacturer’s warranty, Your order must be in “as new” condition and in its original packaging, including all warranty materials, manuals, and other accessories. To return Your order, You must include the original packing slip and indicate the WA number on the outside of the return shipment packaging.
   6. Sapphirus Stone may ask You to submit a brief written explanation as to why You want to return a product and provide photos of the product in question if You would like to make a warranty claim. An on-site product inspection may also be required. A Sapphirus Stone representative will inform You of any details relating to Your warranty claim. Warranty claim validations are at the sole discretion of Sapphirus Stone.
2. Claims for Shipping Mistakes and Damages:
   1. Once an order has been delivered to the Shipping Address, You are responsible for inspecting the order as per these Terms of Sale.
   2. If any items are missing or damaged, please do the following: 
      1. write down how many boxes are damaged and/or missing contents beside Your signature on the delivery receipt provided by Sapphirus Stone or the shipping agent (the “Delivery Receipt”);
      2. take pictures of the order as it arrived at the Shipping Address;
      3. write down details of the damaged or missing materials using the words “damaged” or “missing” as applicable; and
      4. report the damaged or missing material to Sapphirus Stone at Info@sapphirusstone.ca within thirty (30) days of the date You received Your order.
   3. Upon following Sapphirus Stone's claims process as described in these Terms of Sale and once Sapphirus Stone has validated Your claim, it is then at Sapphirus Stone's sole discretion to arrange to either reship replacement product(s) in the case of damages or additional product(s) in the case of missing items at Sapphirus Stone's expense or give You compensating credit for the value of the damaged or missing items.
3. c. 30-Day Money-Back Guarantee: View return policy

9. Disclaimer:

10. Limitation of Liability:

11. Governing Law:

• Notwithstanding any contrary information indicated in these terms of sale, the price displayed does not include shipping and handling charges, customs duties, and other taxes applicable to your order.
• You also agree to submit to the jurisdiction and courts of the Province of Quebec on a voluntary basis and accept responsibility for complying with that province’s laws.
• To clarify the above, You hereby waive (1) any right to object to the venue or jurisdiction because it is an inconvenient forum or for any other reason and (2) any statutory or other right provided by Your jurisdiction in which You are a resident to hold a court case or arbitration relating to these Terms of Sale for adjudication or resolution in Your jurisdiction.
• Any rule of interpretation, law, or regulation that allows a contract to be interpreted against the drafter will not apply to these Terms of Sale.

12. Currency:

13. Arbitration:

14. Terms of Use:

• Your access to and use of the Site is governed by these Terms of Sale and Sapphirus Stone Terms of Use located at https://shop.sapphirusstone.ca/pages/terms-and-conditions
• Accessing and using this Site means that You accept unconditionally the Terms of Use.
• The Terms of Use are subject to change at any time without notice and at Sapphirus Stone sole discretion. You should periodically review the Terms of Use and applicable policies to ensure You understand the terms and conditions governing Your use of this Site.

15. Enurement:

16. Force Majeure:

17. English Language