TERMS OF SERVICE

Please read the following terms:

💻 I. General Website Usage Terms

These clauses protect your content and govern user behavior on the site.
Acceptance of Terms: Clearly state that by using the website, the user agrees to be bound by the Terms of Service.
Intellectual Property Rights: Assert that all content on the site (logos, images of equipment, part descriptions, text, design, etc.) is the property of Kitchener Tractor Centre or its licensors (e.g., manufacturers) and is protected by copyright and trademark laws.
Prohibited Use: Specify that users may not reproduce, copy, sell, or exploit the website content without express written permission.
User Conduct/Prohibited Activities: Outline forbidden activities, such as:
Using the site for any illegal purpose.
Attempting to hack, spam, or infect the site with malware.
Posting defamatory, abusive, or obscene content (if the site has a forum or review section).
Disclaimer on Information Accuracy: State that while the store tries to ensure accuracy, the website content (like product specs, pricing, and availability) is subject to change without notice and may occasionally contain errors. The information is provided “as is.”
Termination/Account Suspension: Reserve the right to refuse service, terminate accounts, or restrict access to the site at the Store’s sole discretion, especially if a user violates the ToS.


🛒 II. Terms of Sale & Transaction

These are crucial for an e-commerce platform and prevent major disputes over purchases.
Offer and Acceptance: Define when a contract for sale is formed. Generally, a customer’s order is an offer to purchase, and the sale is only complete when the Store sends a written order confirmation (e.g., via email) and/or ships the product.
Pricing and Payment:
State that all prices are in Canadian Dollars (or specify currency).
Clearly outline the accepted payment methods (Visa, Mastercard, etc.).
State that the Store reserves the right to cancel an order if a product is listed at an incorrect price due to a typographical or system error.
Specify whether prices include or exclude taxes and shipping fees.
Shipping and Delivery:
Define the Shipping Policy, including estimated delivery times (which are not guaranteed).
Specify when the risk of loss passes to the buyer (e.g., upon delivery to the carrier or upon final delivery to the customer). This is vital for high-value machinery or parts.
Outline the buyer’s responsibility to inspect the goods upon receipt.
Warranties and Disclaimers (Crucial for Equipment):
New Equipment/Parts: State that the Store typically provides the manufacturer’s warranty and directs the customer to those specific warranty documents.
Used Equipment/Parts: Clearly state that used items may be sold “AS IS” with no express or implied warranties by Kitchener Tractor Centre.
Fitness for Purpose: Include a clause stating the customer is responsible for ensuring the purchased part/equipment is suitable for their intended use.
Returns and Refunds: Clearly link to or summarize your separate Return and Refund Policy, including conditions for returns (e.g., must be unused, time limit, restocking fees).


⚖️ III. Legal Protections

These are standard legal protections for any online business.
Limitation of Liability: A clause that limits the financial damages the Store is liable for in the event of a dispute (e.g., liability will not exceed the price paid for the product). This is particularly important with heavy equipment where consequential damages (like lost profits from downtime) can be large.
Indemnification: Require the user to agree to protect the Store from any third-party claims arising from their misuse of the website or the products purchased.
Governing Law and Dispute Resolution: State which province/country’s laws will govern the terms (likely Ontario, Canada, for Kitchener) and outline the process for resolving disputes (e.g., through negotiation, mediation, or the courts).