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Terms of Use

 


Contact Us

By Phone 416-252-2265
Toll Free 1-800-547-2979
info@basketcompany.com

Map 30 Dorchester Avenue, Unit B
Toronto, ON M8Z 4W3

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE OR PLACING AN ORDER WITH US.

TERMS AND CONDITIONS OF USE
Welcome to The Basket Company Inc. and its website www.basketcompany.com. The services on this site are offered to you by The Basket Company Inc. ("The Basket Company") subject to the conditions set out in below. If you visit or shop at the basketcompany.com web site, you accept these conditions. When you use any current or future The Basket Company service or purchase from www.basketcompany.com, you will be subject also to the guidelines and conditions applicable to such service or business. By using the www.basketcompany.com site and the services offered through it, you agree to be bound by these terms and conditions of use and all related policies, conditions, and guidelines (the "Terms and Conditions"). If you do not agree with any of these conditions of use, please do not use our website.
 
The Basket Company may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the basketcompany.com web site. Your continued use of the basketcompany.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
 
ELECTRONIC COMMUNICATIONS
When you visit the basketcompany.com web site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the basketcompany.com web site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

OWNERSHIP

The basketcompany.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof including all product designs depicted are the property of The Basket Company and, in certain cases, third party providers and distributors ("Third Parties"). They are protected under the copyright laws of Canada and other countries. None of the content found on the basketcompany.com web site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of The Basket Company and, if applicable, the applicable Third Parties. The Basket Company and all other related trademarks displayed on our website (collectively, the "Trade-marks") are trade-marks owned by The Basket Company. Other trademarks and design marks appearing on this web site are trade-marks of their respective owners. Nothing contained on basketcompany.com should be construed as granting, by implication or otherwise, any license or right to use any trade-marks, including the Trade-marks, except with the prior express written permission of The Basket Company or such other party that may own the applicable trade-marks.

USE OF SITE
Neither the basketcompany.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of The Basket Company, except that you may download, display and print the content presented on basketcompany.com for your personal, non-commercial use only. Unauthorized use of basketcompany.com and/or the content contained on basketcompany.com may violate applicable copyright, trade-mark or other intellectual property laws or other laws. You must retain all copyright and trade-mark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

 


You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In its sole discretion, in addition to any other rights or remedies available to The Basket Company and without any liability whatsoever, The Basket Company at any time and without notice may terminate or restrict your access to any component of basketcompany.com.
 
PRICING POLICY
Although great care is taken in the production of the basketcompany.com web site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges, QST or HST. All advertisements on the basketcompany.com website are merely invitations for you to order goods or services from The Basket Company, and are not offers to sell by The Basket Company. A correctly completed order form submitted by you in accordance with the instructions provided constitutes your offer to purchase the goods listed in your Order Form. Your Order shall be deemed to be accepted only at the point when The Basket Company sends a  confirmation email to the email address you provided.

The Basket Company reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if The Basket Company believes that customer conduct violates applicable law or is harmful to the interests of The Basket Company or any Third Parties.
 
RETURN POLICY
If your basket or the product in your basket arrives broken or damaged, The Basket Company will be happy to replace it. Please call customer service within 14 days to arrange for your replacement. Toll Free: 1-800-547-2979 or in the GTA: 416-252-2265. Non-perishable items/gifts may be exchanged by the recipient at par value within 14 days at The Basket Company store located at 30 Dorchester Avenue, Toronto, Ontario (Queensway/Islington).
here are no returns on baskets containing food items due to health and safety concerns. Refunds/credits will only be issued to the original purchaser.
 
RISK OF LOSS
All items purchased from basketcompany.com web site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
 
LIABILITY DISCLAIMER
Except as explicitly provided in these Terms and Conditions as amended from time to time, The Basket Company and the Third Parties make no representations or warranties of any kind, express or implied, regarding basketcompany.com and/or any content provided on basketcompany.com, all of which are provided on an "as is" and "as available" basis. The Basket Company and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of basketcompany.com, or any of the content or data found on basketcompany.com, and expressly disclaim all warranties and conditions in respect of basketcompany.com, its content or data, including to the extent permitted by applicable law, implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
 
The Basket Company and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
 
The Basket Company and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property as a result of your access to, use of, or browsing on basketcompany.com or your downloading of any materials, data, text, images, video or audio from basketcompany.com. In no event shall The Basket Company or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of basketcompany.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of basketcompany.com for purchases) even if advised of the possibility of damages.
 
MAXIMUM LIABILITY
If, notwithstanding the foregoing, The Basket Company or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of basketcompany.com or its content, the liability of The Basket Company and the Third Parties shall in no event exceed in the aggregate $100 CAD.
 
ADDITIONAL TERMS
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on basketcompany.com.
 
SEVERABILITY
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
 
ENTIRE AGREEMENT
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by The Basket Company as set forth above.
 
ENGLISH LANGUAGE
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
 
GOVERNING LAW
You agree that the laws of the Province of Ontario shall apply to these Terms and Conditions and you attorn to the jurisdiction of the Province of Ontario for resolution of all disputes.
 

 

 

CANADA