Terms and conditions

Last update: December 12, 2017

TERMS AND CONDITIONS OF SALE

Welcome to the transactional website of Manufacture Scorpion inc. (hereinafter “Scorpion”)! These are the terms and conditions applicable to all sales concluded on this website. By purchasing products through this website, www.manufacturescorpion.com, you acknowledge that you are subject to the following terms and conditions of sale (hereinafter the “TCS”). You also declare to have read, understood and accepted these TCS, and that they constitute a sales contract concluded between you and Scorpion. Please click here to read this site’s Terms and Conditions of Use. [Note stp mettre un hyperlien ici qui référera aux Conditions plus bas]

Scorpion reserves the right to modify these TCS at any time at its sole discretion. The date of the last update is always indicated at the top left of these TCS. In the event that major modifications are made to these TCS, Scorpion will display a notice in a pop-up window in your Client Account or on this site’s homepage, or by sending you a notification by email.

As a client, you can now place your orders for products displayed on this website

  • 24 hours a day, 7 days a week, directly on this transactional website through your Client Account; or
  • by telephone at 450-378-3595 or toll-free at 1-800-665-3595 at the opening times indicated on our site; or
  • by fax at 450-378-6076

1. Definitions. When the following words and expressions appear in the TCS or in any related documentation (tenders, purchase orders, invoices, confirmations, etc.), they will be interpreted, unless implicitly or explicitly stated otherwise in the text, according to the definitions assigned to them below:

• Order Confirmation: refers to the confirmation sent by Scorpion when the order is received by Scorpion and sent by email to the address you indicated when you opened your Client Account.

• Client Account: refers to your account as a client of Scorpion, as well as the space assigned to you and made accessible by your username and password on this website. To open a Client Account, fill out a corresponding application. To have a Client Account, your application must be accepted by Scorpion who will send you a confirmation that your Client Account has been opened. By saving your username and password, you acknowledge that you have accepted these TCS. You acknowledge that you are responsible at all times for maintaining the confidentiality of the password you choose or the one assigned to you following activation of your Client Account. Any activity that takes place on your Client Account is your sole responsibility. In the event of unauthorized use of your Client Account, you must immediately inform Scorpion by calling our customer service number: 1-800-665-3595. Under no circumstances will Scorpion be held responsible for losses or damages resulting from such unauthorized use.

2. Availability of products. Orders made on this transactional website are subject to acceptance by Scorpion and to availability of the products in stock. The coloured circles provide an approximate indication of each product’s inventory. Accepted orders and products that are in stock are usually shipped within an average of forty-eight (48) hours, unless the product ordered is out of stock, or if it is a special order. In the event that the product you ordered is out of stock, you will receive a phone call or email from Scorpion’s customer service. Following payment for your order, an Order Confirmation will appear on the site and an Order Confirmation will be sent to you by email to the address indicated in your Client Account. If you are unable to find a product in our catalogue, please contact us and we will be happy to help you find something that meets your needs.

3. Description and images. The product descriptions and images on this website are for informational purposes only, and are subject to change without notice. All information regarding products on this site is sufficiently accurate for general use and Scorpion assumes no liability for errors or omissions in this respect.

4. Price and payment terms. The prices shown on this transactional website are the net prices, in Canadian dollars, before tax, and are subject to change without notice. If you are a new Scorpion client and do not have a Client Account, you can complete your order; however, payment must be made in full by credit card right away. Please note that only VISA® and MasterCard® credit cards are accepted. All clients with a Client Account may take advantage of the following payment methods: net, thirty (30) days from the invoice date. Any balance that remains outstanding on or past the due date shall accrue interest at a rate of two percent (2%) per month, i.e., twenty-four percent (24%) per year. Interest applied to any unpaid balance shall not be interpreted as an authorized extension from Scorpion to pay outstanding amounts. Every month, Scorpion sends a statement of account to all clients with an overdue Client Account.

All financial transactions conducted on this website are handled by our partner Solution Moneris (“Moneris”). By paying for any order using Moneris, you accept to be subject to the Moneris’s privacy policy, available at the following address: https://www.moneris.com/en/Privacy-Policy, and to the applicable conditions. We invite you to visit the site https://www.moneris.com for more information. Your financial transactions are secure. Moneris applies PA-DSS, the data security standard for payment application, and assumes the responsibility for these transactions. Be advised that Moneris does not share any of your personal information with Scorpion or any confidential information regarding financial transactions completed using its system.

5. Ownership. You will only be deemed to be the owner of the goods ordered once payment in full has been received by Scorpion for these orders.

6. Delivery time. Scorpion’s responsibility with regard to products sold ends the moment the products are transferred to the carriers. Scorpion cannot be held responsible for any delay in delivery. The delivery times indicated on the Order Confirmation are only based on an estimate of the time required in optimal circumstances. If you are not satisfied with the delivery times indicated on your Order Confirmation, or you would like to request an urgent delivery, please speak with Scorpion’s customer service at 1-800-665-3595. Please note that additional fees apply to all urgent deliveries. You may also come pick up your order directly at the Scorpion office. To ensure quick delivery, you may choose on the order page between delivery by the carrier of your choice, or prepaid delivery made by carriers carefully selected by Scorpion. Delivery services are therefore at your own expense and will be billed directly to you by your chosen carrier. Delivery times depend on your location. Unless otherwise agreed in writing, your order will be delivered to the address indicated for this purpose in your Client Account. You assume responsibility for the risk associated with the loss or breakage of products at the time the order leaves the Scorpion warehouse. If no signature or other proof of receipt is required by the carrier at time of delivery, all orders reported as executed by the carrier will be considered received by you. You are fully responsible for the choice of delivery address and for the security of products delivered to these premises. Scorpion cannot be held responsible for any damages resulting from out of stock items or a delay in delivery attributable to the carrier, or to the loss or theft of your order following its delivery. Please see paragraph 2 of these TCS for more information about delayed delivery. In the event that your order is incomplete upon receipt, we ask you to notify us immediately by calling the Scorpion customer service number: 1-800-665-3595. You may also refuse the delivery.

7. Change or cancellation of the order. Any change or cancellation must be made within four (4) hours following the Order Confirmation. Scorpion will send a credit note to be applied to your next order. Any change or cancellation to your order will be subject to reasonable fees. No special order may be changed, cancelled or returned.

8. Warranties. The products provided by Scorpion are new and are subject to the warranty of their respective manufacturer. All product warranties are subject to normal use that complies with the manufacturer’s written instructions. These warranties are the only warranties offered and can vary from one manufacturer to another. You waive all other express, implied or statutory warranties in favour of Scorpion. In the event of problems with your products, please contact our internal sales department at 1-800-665-3595, and Scorpion’s customer service will be happy to help you.

9. Limitation of Liability. Products purchased on this site are installed and used at your own risk. Under no circumstances may Scorpion be held liable for any damages, losses or other claims arising directly or indirectly from the use of products purchased on this site, including loss of profit or business opportunities, damage to property, attorney’s fees, repairs, handling and transportation fees, installation fees, operational fees, product uninstallation or reinstallation fees, etc.

10. Unused Product Return. In the event that a product is defective or does not match that which was ordered, and provided that the purchase was made less than one (1) month prior and the product was not used, Scorpion undertakes to exchange it or to credit your Client Account. If you choose the latter, the credit will appear on your Account Statement. All products purchased on sale or at a discount may also be returned in accordance with the aforementioned conditions. Before making a return, you must fill out the “Return” sheet in your Client Account and submit it to Scorpion for prior approval. Only products in their packaging and in their original condition will be accepted for return. You must then return the defective product by registered mail, at your own expense, to the Scorpion’s customer service department at the following address:

  • MANUFACTURE SCORPION INC.
    561, RUE EDOUARD
    GRANBY, QUEBEC
    J2G 3Z5

11. Security. This transactional website is secure and the information in your Client Account and the transactions are protected by SSL encryption.

12. Force majeure. Scorpion shall not be considered in breach of the obligations under these TCS and cannot be held liable for any loss or damages that you may experience due to any cause beyond Scorpion’s control and arising from any situation outside of Scorpion’s reasonable control, including, without limitation, war, acts of terrorism, acts of government or agencies under government authority (including changes in laws), civil demonstrations, acts of public enemy, riots, lightning, fires, explosions, storms, floods, infestation, power failures, other acts of God or nature, strikes or lockouts by employees.

13. Applicable law and jurisdiction. Your use of this website is governed by the provisions of the Civil Code of Québec and the laws of Canada. You acknowledge and accept that any legal proceedings that may be instituted concerning transactions on your Client Account or the interpretation, application, fulfilment, entry into force, validity and effects of these TCS must be brought before the court in the judicial district of Montreal in the province of Québec, Canada.

14. Taxes. Prices do not include applicable taxes. For the purposes of application of taxes, you confirm that the address indicated when you opened your Client Account is the address of your principal place of business. Taxes shall be applied according to the tax rules and laws of the product’s country of destination.

WEBSITE TERMS OF USE

Here are the terms and conditions of use for this website. By accessing or using this website, you acknowledge that you are subject to the following terms and conditions of use governing this site (hereinafter the “Conditions”). You also declare to have read, understood and accepted these Conditions. These Conditions are aimed to eliminate any ambiguity or misunderstanding concerning the use of this website.

Scorpion reserves the right to modify these Conditions at any time at its sole discretion. The date of the last update is always indicated at the top left of the TCS. When you use Scorpion’s website, you accept that the content of the site will be updated regularly. The following Conditions apply to all updates. If you continue to use this site subsequent to the date of the updates, you will be considered to have accepted the updated version of these Conditions.

A. Property and Content. Scorpion guarantees the accuracy and the integrity of the information at the exact moment it appears on the website while you are visiting the website. Be advised that all information on the website is subject to change without notice. The content accessible on the website is the property of Scorpion or its licensors. The Conditions of this website do not allow you to copy, redistribute, circulate, reproduce or communicate to the public the content of this website nor the information appearing in your Client Account. All text, images, photographs, trademarks, product information, audio or video clips, readouts, etc. (the “Content”) on this website are protected by Canadian and foreign intellectual property laws, specifically under copyright laws. It is prohibited to make hyperlinks to this website without the prior written consent of Scorpion. The use of this website does not confer to you any right, title or other licence to the Content. All trademarks, including all signs, words, titles, slogans, logos, designs, graphics, icons or other distinctive elements used or displayed on the website are registered or unregistered trademarks of Scorpion or its business partners (“Trademarks”). It is strictly prohibited to use or reproduce the Trademarks appearing on the site without the prior written consent of its owner.

B. Acceptable Use and Restrictions. You agree to use this website and your Client Account for purposes authorized by the law. It is prohibited to access or attempt to access Client Accounts of other users of this website. You shall not program any virus, worm or any other content that may be injurious, disruptive or otherwise harmful to other users or to the proper functioning of this website. The use of Internet bots, specifically webbots, for any purpose involving this website is prohibited.

C. Links to Third-Party Sites. For your convenience, the Scorpion website contains links to sites operated by third parties to provide you with information, products and services. These third-party sites have their own terms and conditions of use and privacy policies that are not the same as those of Scorpion. Your use of these third-party sites shall be governed by their terms and conditions and their privacy policy. Although Scorpion makes a reasonable effort to ensure the quality of links to these third-party sites, Scorpion is not responsible for the verification of the validity of the content of these third-party sites. Scorpion is not responsible for the features or the application of the terms and conditions of use of these third-party sites or for any transaction that you may conduct with these third-party sites. In addition, Scorpion does not make any recommendation of any specific product or service that may be offered or to which, access may be provided by these third-party sites. In no way making these links available constitutes an endorsement or approval of the content of third-party sites by Scorpion. You also acknowledge that these third-party sites may contain products, services, contents, injurious elements or other material that are inaccurate, inappropriate, offensive or even illegal. If you access a third-party site, you do so at your own risk.

D. Breach of Conditions. Scorpion reserves the right to refuse access to or close, at any time and without notice, any Client Account that does not respect the Conditions stated herein. These Conditions are reasonable and are not created to prevent use of the site by a specific user without reasonable cause. We want to ensure that this website and your actions cannot prejudice other users or harm their ability to use the website or compromise the values promoted by Scorpion.

E. Confidentiality and Data Protection. Information regarding your Client Account, including your identifying information will be collected, saved and hosted in a secure database. Scorpion does not disclose or sell any information that it possesses to third parties. Scorpion respects all laws regarding the protection of personal information. This website automatically recognizes and collects information that is not considered to be personal information, such as your IP address and the email address you use as your identification. Scorpion uses this information to better understand your browsing habits on this website in order to improve its features. Your computer will automatically supply Scorpion with this information each time you connect to your Client Account, unless you change your settings on your Internet browser. When you consult the website, Scorpion may use cookies to collect certain information about your computer and help Scorpion personalize your user experience in order to better respond to your interests and preferences or facilitate your access to the website. Under no circumstances are the cookies intended to exploit your personal identifying information.

F. No Warranty. Scorpion makes no representation and expressly denies all representations, warranties or conditions, whether explicit or implicit, regarding the operation, interrupted use, quality or appropriateness for a particular use of this website or regarding any Content that is accessible through the website. Under no circumstances shall Scorpion be held responsible for direct, indirect or special damages or any direct or indirect losses, including any loss of profits, traffic or opportunity attributable to the use or unavailability of the Content or of the website. These limitations apply regardless of whether Scorpion has been advised of the possibility of such damages. You acknowledge that neither Scorpion nor its business partners (manufacturers), nor its licensors, nor its administrators, directors, employees or other actors may be held responsible for damages resulting from the use of this website, the modification of the published Contents or the published Contents itself. In addition, Scorpion declines all responsibility for the actions, omissions or conduct of any third-party user of the website or of any third-party website. None of the provisions above may have as an effect to exclude or limit the liability of Scorpion in the event of fraud, death or bodily injury caused by Scorpion’s negligence.

G. Security. Scorpion makes a reasonable effort to ensure continuous access to this website. However, certain technical difficulties or website updates may occasionally cause temporary interruptions. We apologize for any inconvenience this may cause you. Scorpion shall, under no circumstances, be held responsible for any damages resulting from the interruption or blocking of access to this website. Scorpion has put in place security measures to protect any unwanted access by third parties to Client Accounts. These security measures are not infallible and it is possible that individuals with malicious intent may be capable of bypassing the security measures put in place by Scorpion. Scorpion shall, not under any circumstances, be held responsible for any damages caused due to website security breaches. If you are ever witness to a security breach, do no hesitate to inform us by calling our customer service number: 1-800-665-3595.

If you are dissatisfied with the content or the features of this website, your only option is to stop using it.

H. Entire Agreement. These TCS and Conditions represent the full and complete contract between the parties concerning the purchase of products on this website. In the event of any inconsistencies between these TCS and Conditions and any other conditions indicated in any other document, these TCS and Conditions take precedence. No statement, representation, promise or condition not contained in these TCS and Conditions may or shall be allowed to contradict, modify or affect in anyway whatsoever the terms of these TCS and Conditions. The possible illegality or invalidity of an article, paragraph or provision of these TCS or Conditions may in no way affect the legality of the other articles, paragraphs or provisions of this agreement, or the rest of that article, paragraph or provision, unless the contrary intention is evident in the text. You may not assign your rights and obligations contained herein. No delay in disclosure by Scorpion regarding the breach of an obligation contained herein shall be considered a waiver of its rights and remedies.

Questions?

It is possible that you may have questions after having read these TCS and Scorpion is happy to respond to your questions. Please send us your questions by email to the following address: WEB@MSCORPION.COM. Scorpion will make all reasonable efforts to reply to all your requests within a reasonable time, but Scorpion makes no guaranty that it will be able to respond to your requests in a satisfactory or complete manner.

Problems?

If you ever have a problem to bring to our attention regarding the products displayed on the website or with the Content of this website, Scorpion invites you to write to the following address: WEB@MSCORPION.COM. Scorpion will happily respond to your enquiry and try to resolve your problem.

Your thoughts!

Scorpion would like to know your opinion and is interested in hearing what we can do to improve your experience using this website. Scorpion invites you to write to us at the following address: WEB@MSCORPION.COM. At all times, Scorpion reserves the right to use all opinions, comments, ideas or suggestions submitted to Scorpion by you or by other sources, whether they are similar or contradictory. You acknowledge that you do not have any right to compensation nor any moral rights regarding Scorpion’s use of any idea, suggestion, comment or opinion.

Thank you for your trust in us!

© 2017 Scorpion. All rights reserved.