Terms and Conditions
Last Updated: [Date – October 26, 2023]
Please read these Terms and Conditions (“Terms”, “Terms and Conditions,” or “Agreement”) and our Privacy Policy carefully before purchasing products or using the www.componentbasics.com
By purchasing products from Component Basics or visiting and/or using our Website, you agree to become bound by these Terms. If you disagree with any part of the terms, then you may not access the Service or purchase products.
1. Definitions
* “Website” or “Site” refers to www.componentbasics.com.
* “Company”, “us”, “we”, “our” refers to Component Basics, located in Ontario, Canada.
* “User”, “Buyer”, “you”, “your” refers to any individual or entity accessing or using the Website and/or purchasing Products.
* “Products” refers to the goods, components, or items offered for sale on the Website.
* “Services” refers to any services offered by Component Basics through the Website.
2. Your componentbasics.com Account and Site Use
* If you create an account on the Component Basics website (www.componentbasics.com), you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account.
* You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
* You must immediately notify Component Basics of any unauthorized uses of your account or any other breaches of security. Component Basics will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
* You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website.
3. Products
* Certain products may be available exclusively online through the Website.
* We have made every effort to display as accurately as possible the colors, specifications, and images of our products. We cannot guarantee that your computer monitor’s display of any color or detail will be accurate.
* All descriptions of products are subject to change at any time without notice, at our sole discretion.
* We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
* We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your specific expectations beyond the provided specifications, or that any errors in the Service will be corrected, except as may be required by applicable law.
4. Orders, Pricing, and Payment
* We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
* Prices for our products are subject to change without notice.
* Prices are quoted primarily in Canadian Dollars (CAD) and US Dollars (USD), as indicated at the time of purchase or quotation. The currency applicable to your transaction will be clearly stated.
* Applicable taxes (such as HST for Ontario sales, or other applicable sales taxes) will be added to the price where required by law. For international orders, the Buyer is responsible for all import duties, taxes, and customs fees as outlined in Section 6 (Shipping Policy).
* Payment for orders must be made via wire transfer only, unless otherwise explicitly agreed in writing by Component Basics. Full payment instructions will be provided upon order confirmation.
* Payment must be received and cleared in full by Component Basics before any order is processed or shipped. Component Basics is not responsible for any wire transfer fees charged by your bank or intermediary banks; the full invoiced amount must be received by Component Basics.
5. Shipping Policy
* 5.1 Standard Terms (Ex Works): Unless otherwise explicitly agreed in writing by Component Basics prior to order confirmation, all sales are made on Ex Works (EXW) 35, Viking Lane, Etobicoke, M9B 0A2, ON Canada Incoterms® 2020 (or the latest applicable version). This means:
* Component Basics fulfills its obligation to deliver when it has made the goods available at its premises (e.g., factory, warehouse) to the Buyer.
* The Buyer bears all costs and risks involved in taking the goods from Component Basics’ premises to their final destination. This includes, but is not limited to, loading the goods onto the Buyer’s collecting vehicle, all transportation costs, export documentation and clearance from Canada (unless otherwise agreed), import documentation and clearance, all duties, taxes (including VAT, GST, or other sales taxes in the destination country), and customs fees in the destination country.
* 5.2 Alternative Shipping Arrangements: Component Basics may, at its sole discretion and upon mutual written agreement with the Buyer, arrange shipping on behalf of the Buyer. In such cases:
* All costs associated with shipping, handling, insurance (if requested and agreed), and any related charges will be quoted to the Buyer and, if accepted, added to the Buyer’s invoice. These charges are payable by the Buyer in full prior to shipment.
* Component Basics will select the carrier unless a specific carrier is agreed upon in writing and feasible.
* 5.3 Global Export: We can facilitate the export of products globally, subject to Canadian export regulations and any import regulations in the destination country. The Buyer is solely responsible for ensuring that the products can be lawfully imported into the destination country.
* 5.4 Import Duties, Taxes, and Customs Clearance: The Buyer is solely responsible for all import duties, taxes (e.g., VAT, GST), customs brokerage fees, and any other charges levied by the authorities in the destination country. Component Basics is not responsible for these charges, nor for any delays, seizures, or issues caused by customs authorities or the Buyer’s failure to comply with import regulations.
* 5.5 Delivery Estimates: Any delivery dates or transit times provided by Component Basics or by carriers are estimates only and are not guaranteed. Component Basics shall not be liable for any damages or losses arising from delays in shipment or delivery.
* 5.6 Risk of Loss: Risk of loss or damage to the Products passes to the Buyer as soon as the goods are made available at Component Basics’ premises (under EXW terms). If Component Basics arranges shipping on behalf of the Buyer (under alternative agreed terms), risk of loss or damage passes to the Buyer upon handover of the goods to the first carrier.
* 5.7 Inspection upon Receipt: The Buyer is responsible for inspecting the shipment immediately upon receipt. Any visible damage to the packaging or suspected damage to the goods must be noted on the carrier’s delivery receipt at the time of delivery. Claims for shipping damage must be made by the Buyer directly with the carrier in accordance with the carrier’s policies. Component Basics is not liable for damage sustained during transit.
6. Return Policy
* 6.1 Factory Defects Only: Component Basics accepts returns only for Products that are proven to be faulty due to a manufacturing defect present at the time of dispatch from our facility (“Factory Defect”).
* 6.2 Reporting Timeframe: The Buyer must thoroughly inspect all Products upon receipt. Any claim for an alleged Factory Defect must be reported in writing to Component Basics within fourteen (14) calendar days of the Buyer’s receipt of the Product(s). Failure to report within this timeframe may void any claim.
* 6.3 Proof of Defect: To initiate a return claim for a Factory Defect, the Buyer must provide detailed written notification to Component Basics, including the original order number, a clear description of the alleged defect, and supporting evidence such as clear photographs, videos, test reports, or any other information reasonably requested by Component Basics to assess the claim. Component Basics reserves the right to require the return of the allegedly defective Product for inspection.
* 6.4 Return Authorization: No Products may be returned to Component Basics without prior written authorization (Return Merchandise Authorization – RMA) from Component Basics. Unauthorized returns will be refused and returned to the Buyer at the Buyer’s expense, or disposed of.
* 6.5 Component Basics’ Discretion: Upon receipt and verification of a valid Factory Defect claim (which may include inspection of the returned Product), Component Basics, at its sole discretion, will decide on the remedy, which may be:
* (a) Repair of the defective Product;
* (b) Replacement of the defective Product with an identical or equivalent Product; or
* (c) A refund of the original purchase price paid by the Buyer for the defective Product (excluding any shipping, handling, taxes or duties).
* 6.6 Non-Eligible Returns: The following are not eligible for return:
* Products damaged due to misuse, abuse, neglect, improper installation, improper testing, unauthorized alteration or repair, accident, or external causes.
* Products damaged during shipping (claims must be made with the carrier – see Section 5.7).
* Normal wear and tear.
* Products for which the alleged defect was not reported within the timeframe specified in Section 6.2.
* Products returned without a valid RMA.
* Products ordered in error by the Buyer or if the Buyer changes their mind.
* 6.7 Return Shipping Costs for Defective Products: If a Product is confirmed by Component Basics to have a Factory Defect and an RMA is issued for its return:
* The Buyer is initially responsible for the cost of shipping the defective Product back to Component Basics’ designated facility, using a traceable shipping method.
* If, upon inspection, Component Basics confirms the Factory Defect, Component Basics will reimburse the Buyer for reasonable standard return shipping costs (proof of cost required).
* If the Product is found not to be defective or the defect is not covered by this policy, the Buyer will be responsible for all shipping costs, including the cost to return the Product to the Buyer if requested.
* 6.8 All Sales Final: Except as explicitly stated in this Section 6 for confirmed Factory Defects, all sales are final. No returns, exchanges, or refunds will be granted for any other reason.
7. Copyright Infringement
* Component Basics respects the intellectual property rights of others. If you believe that material located on or linked to by www.componentbasics.com
8. Intellectual Property
* This Agreement does not transfer from Component Basics to you any Component Basics or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Component Basics. Component Basics, the componentbasics.com logo, and all other trademarks, service marks, graphics, and logos used in connection with www.componentbasics.com, or the Website are trademarks or registered trademarks of Component Basics or Component Basics’s licensors. Your use of the Website grants you no right or license to reproduce or otherwise use any Component Basics or third-party trademarks without express written permission.
9. Links to Other Web Sites
* Our Service may contain links to third-party web sites or services that are not owned or controlled by Component Basics. Component Basics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Component Basics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
10. Changes
* Component Basics reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. We will indicate the “Last Updated” date at the top of this Agreement. Your continued use of or access to the Website or purchase of Products following the posting of any changes to this Agreement constitutes acceptance of those changes.
11. Termination
* Component Basics may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your componentbasics.com account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Disclaimer of Warranties
* THE WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE, EXCEPT AS EXPRESSLY PROVIDED HEREIN OR AS REQUIRED BY APPLICABLE LAW (SUCH AS NON-EXCLUDABLE STATUTORY WARRANTIES UNDER CONSUMER PROTECTION LEGISLATION IN ONTARIO, IF APPLICABLE TO THE TRANSACTION).
* COMPONENT BASICS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
13. Limitation of Liability
* IN NO EVENT WILL COMPONENT BASICS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO COMPONENT BASICS UNDER THIS AGREEMENT FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.
* COMPONENT BASICS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL.
* THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS (LIKE ONTARIO) MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU IF PROHIBITED BY LAW.
14. General Representation and Warranty
* You represent and warrant that (i) your use of the Website and purchase and use of Products will be in strict accordance with the Component Basics Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding online conduct, acceptable content, export control, and import regulations) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification
* You agree to indemnify, defend and hold harmless Component Basics, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use or misuse of the Website or Products, your violation of this Agreement, or your violation of any law or the rights of a third-party.
16. Governing Law
* This Agreement, and any disputes arising out of or related to the Website, the Products, or this Agreement, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
17. Dispute Resolution
* Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be definitively settled by the competent courts located in Toronto, Ontario, Canada. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts.
18. Miscellaneous
* This Agreement, together with the Privacy Policy and any other legal notices published by Component Basics on the Website (including any specific terms on quotations or order confirmations, which shall prevail in case of conflict), shall constitute the entire agreement between you and Component Basics concerning the Website and the purchase of Products.
* If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
* No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Component Basics’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
* You may not assign your rights or obligations under this Agreement without the prior written consent of Component Basics. Component Basics may assign its rights and obligations under this Agreement without restriction.
* This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
* The headings in this Agreement are for convenience only and shall not affect its interpretation.
19. Contact Information
* Questions about these Terms and Conditions should be sent to us at:
* Component Basics
* 35 Viking Lane, Etobicoke, M9B 0A2, ON, Canada
* info@componentbasics.com
* Website: www.componentbasics.