Thank you for visiting Metroptical.ca, website (the “Site”). Metroptical is an online retail store and information site for non-Rx optical goods, accessories and Jewellery. The Site is designed by us, Metroptical, (“we” and “us”) a company with limited liability situated in and vested under the laws of Ontario, Canada to provide a convenient, private and informative shopping experience. We want each visitor to the Site (“you”) (i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a safe, pleasurable visit, so we have established the following general terms and conditions .
Two separate contracts are used by Metroptical Inc. The terms of both of these contracts appear on this page.
The first contract is the “Website Terms and Conditions”. This contract applies to ALL users of the Metroptical Inc website.If you use this website for any reason, you will be bound by the Website Terms and Conditions.
The second contract is the “Terms and Conditions of Supply”. This contract applies to EVERY purchase of goods from Metroptical Inc and Port Union Goldshop. If you order any goods from Metroptical Inc and Port Union Goldshop, you will be bound by the Terms and Conditions of Supply.
Website Terms and Conditions
This Agreement is between you (“You”), the person accessing and/or using the Metropptical.ca website, and Metroptical Inc (“Metroptical”, “Us”, “We”)
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Colour and Product Description
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. Metroptical Inc will make reasonable efforts to verify and maintain the accuracy of any content of the Site, but Metroptical Inc does not warrant that the content of the Site, including any pricing information on the Site, is or will be correct, up to date or error free. You acknowledge that there may be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods, and accept that such minor variations will NOT give You a right to refuse delivered Goods.
Metroptical Inc reserves the right, at its sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site,information, tools, products, services and prices displayed or described on the Site at any time, without notice.
The information on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information on this site is at your own risk.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Metroptical Inc does not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
Metroptical Inc does not assume any responsibility or risk for your use of the Internet
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Site, the services provided through the Site or the Content (a “Claim”) shall be governed by the internal laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the Province of Ontario, Canada and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
When you visit the Site or send e-mails 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 this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe.
We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Terms and Conditions of Supply
If You have difficulties in reading this page, You must contact us before You place Your order.
We reserve the right to refuse Service to anyone for any reason at any time.
By placing an order with Metroptical Inc, You will be deemed to have understood and accepted these terms and conditions (“Terms”). If You have any queries regarding these Terms (or the order form) please contact us as soon as possible and before You place Your order.
1. This Agreement is between You, the person placing an order for goods using the Metroptical Inc website (“You”) and Metroptical Inc.
1.1 In these Terms:
“Goods” means those products made available by Metroptical Inc that You wish to purchase, as indicated in Your Order.
“Order” means orders placed in accordance with the provisions of Section 3.1.
“Site” means the website owned and operated by Metroptical Inc with URL address http://www.Metroptical.ca
2. Customer Obligations
2.1 By submitting Your Order You warrant, represent and undertake:
2.1.1 that You are aged 18 or over and if under 18 have the consent and supervision of a legal guardian.
2.1.2 to provide any personal and accurate details reasonably requested by Metroptical Inc to confirm that You are eligible to purchase the Goods
2.1.3 that You are acting in Your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than Your own personal use
2.1.4 that You are the authorised holder of any credit/debit card You may use on the Site.
3. Orders for Goods
3.1 Orders must be placed:
3.1.1 via the ordering system on the Site
3.2 Your submission of the Order, represents an offer to purchase the Goods from Metroptical Inc. Metroptical Inc may confirm receipt of this offer via email (if the Order is placed via the Site). For the avoidance of doubt, a confirmation of receipt of the Order does not indicate that Metroptical Inc will supply any Goods to You.
3.3 You may change Your Order within 24 hours of submission to the Site. Any change requested to an Order after this time may be rejected by Metroptical Inc at its absolute discretion.
4. Limitations of Supply
4.1 Metroptical Inc shall make reasonable efforts to meet the requirements You specify in Your Order(s), however Metroptical Inc cannot guarantee the availability of Goods. If the Goods You have ordered cannot be supplied to You, Metroptical Inc will contact You to give You a choice to receive a replacement or a refund. If Metroptical Inc receives no response from You, Metroptical Inc may, at its absolute discretion, provide replacement Goods of an equivalent quality and/or specification or cancel the Order and provide a refund.
4.2 Metroptical Inc tries to ensure that the Goods supplied match the descriptions provided on the Site. Whilst Metroptical Inc tries to ensure that there are no changes to the Goods to be supplied, You acknowledge that there may be some minor variations to the description and/or specification of the Goods which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods, and accept that such minor variations will not give You a right to refuse delivered Goods.
5.Prices and Payment
5.1 Subject to Clause 5.3, the price payable by You for the Goods shall be the price stated on the Site at the time Your Order is placed in accordance with these Terms.
5.2 Unless otherwise stated on the Site, all prices for Goods are in Canadian Dollars.
5.3 While Metroptical Inc uses reasonable endeavours to ensure the accuracy of the prices and price related information stated in its Site, we do not warrant that the Site is error-free, or that You will not encounter a mispriced item in the Site.
5.4 The postage, packaging and delivery charges for all purchases are given on our Site.
Delivery and Carriage
6.1 Delivery of the Goods shall be deemed to take place at the time the Goods first arrive at the delivery address stated on Your Order.
7. Goods that are Defective on Delivery
The rights granted to You under this clause are in addition to, and do not replace, any rights You may have as a consumer under relevant laws, including any consumer protection legislation applicable to Your purchase of the Goods
7.1 Upon delivery of the Goods You must inspect them carefully. If any of the Goods do not match the description (subject to clause 4.2) or appear to be damaged or are missing, do not use the Goods or any items accompanying the Goods, and please contact Metroptical Inc by email and inform us of the problem within 7 days of delivery of the Goods. If Metroptical Inc (acting reasonably) accepts that the Goods do not match the description, or are damaged or missing, the Goods will be deemed “Defective on Delivery”.
7.2 You must notify Metroptical Inc immediately if there are any defects in the Goods which are apparent during Your use of the Goods. Provided You advise Metroptical Inc within 7 days of delivery of the defect, the Goods will be deemed “Defective on Delivery”.
7.3 If the Goods are Defective on Delivery, Metroptical Inc will either repair or replace such Goods or refund the price paid for the Goods to You.
7.4 If the Goods are Defective on Delivery, You agree to return the Goods to Metroptical Inc in substantially the same condition as when received by You, including all items and packaging accompanying the Goods.
7.5 Subject to Clause 7.6, Metroptical Inc shall pay the costs of postage, packing and delivery in relation to the repair or replacement of any Goods that are Defective on Delivery and shall, upon written request, reimburse You the reasonable costs of returning the defective Goods.
7.6 You will be liable for all costs connected with the supply of replacement Goods (including posting, packing and delivery) until the returned Goods are received by Metroptical Inc
8.1 Nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury resulting from that party’s negligence or for fraud or for any other liability that cannot by law be excluded or limited, including liability that cannot be excluded or limited by any consumer protection legislation applicable to Your purchase of the Goods..
8.2 Subject to Clauses 8.1, the total liability of Metroptical Inc to You in respect of all claims arising out of or in connection with an Order, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, shall not exceed the total sums received by Metroptical Inc for the Goods to which the Order relates.
8.3 Subject to Clause 8.1, Metroptical Inc shall not be liable to You for any loss of contracts, loss of income or revenue, loss of profits, loss of goodwill or loss of insurance cover.
8.4 Subject to Clause 8.1, Metroptical Inc shall not be liable to You for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence, misrepresentation or otherwise. This exclusion shall apply even if Metroptical Inc has been advised of the possibility of such loss or damage.
8.5 Subject to Clause 8.1 Metroptical Inc shall not be liable to You where the loss or damage results from information provided by You that is inaccurate, false or misleading or that otherwise results from a breach by You of these Terms.
8.6 Subject to Clause 8.1, Metroptical Inc accepts no liability in respect of any non-standard use of the Goods such as, by way of example only, in extreme sports.
8.7 Unless specified otherwise, the sale and supply of products to you by Metroptical Inc does not and cannot constitute the provision of any advice whether of a professional or medical nature or otherwise.
9. Force Majeure
Metroptical Inc shall not be liable for failure to comply with these Terms owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire.
Any notice or other communication to be given under these Terms must be in writing, and in the case of notices to You, by pre-paid post, or email to the address or other contact address set out in Your Order. Any notice or document shall be deemed received, if posted, two working days after posting and, if sent by email, at the time of transmission, provided no transmission failure notice is received.
11. General Provisions
11.1 In the interpretation of these Terms:
11.1.1 the headings are for convenience only and shall not affect the interpretation of this Agreement and
11.1.2 “including” means including without limitation and includes shall be construed accordingly.
11.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of Your rights or obligations under this Agreement.
11.3 These Terms and any relevant Order accepted by Metroptical Inc constitute the entire agreement between the parties and supersede any prior written or oral agreements, statements, promises or representations made in relation to the subject matter of such Order (including all other information on the Site and/or contained in Metroptical Inc website) and, subject always to the statutory rights afforded to You as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms or any relevant Order accepted by Metroptical Inc. None of our representatives, agents or sales persons have authority to vary, amend, or waive any of these Terms on behalf of Metroptical Inc and no variation, amendment or waiver of these Terms by such persons shall have effect unless expressly agreed to by an authorised representative of Metroptical Inc with You in writing.
11.5 Failure by either party to assert its rights in relation to any breach of these Terms or any relevant Order on any occasion shall not be deemed a waiver of such rights.
11.6 If any provision of these Terms and any relevant Order is found to be unenforceable, the remaining provisions shall continue in force subject to such modification as may be necessary to achieve as nearly as possible the objectives of these Terms.
11.7 These Terms and any relevant Order are governed by the laws of Canada and the parties hereby submit to the exclusive jurisdiction of the courts of Canada in relation to any dispute arising out of them.
12.1 Sale Campaign
12.1.1 Promotion codes are valid on the total cost of the order before shipping costs and/or applicable taxes are applied.
12.1.2 Metroptical Inc reserves the right to cancel, edit, shorten or extend promotions at any time.
12.1.1 Only one promotion per order may be applies unless specifically noted in the promotion