Trail Appliances® Policies, Terms and Conditions

Please carefully read these Terms of Use before using the Trail Appliances Website. These Terms of Use are a binding agreement that governs use of the Trail Appliances Website, exempts Trail Appliances and other persons from liability, specifies the jurisdiction for the resolution of disputes and contains other important provisions.

By using the Trail Appliances Website, you acknowledge and signify that you have read, understand and agree to these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Trail Appliances Website.

These Terms of Use are in addition to the Trail Appliances Purchase Terms and Conditions, which govern any online purchase you make through the Trail Appliances website.

1. Your Acceptance of These Terms

These Terms of Use are a binding agreement between you and: (a) Trail Appliances Ltd., a company incorporated under the laws of the Province of Alberta, if you are located in Alberta or Saskatchewan; and (b) Trail Appliances Ltd., a company incorporated under the laws of the Province of British Columbia if you are located in British Columbia or any other jurisdiction except Alberta and Saskatchewan (in either case, hereinafter “Trail Appliances”) regarding your access to and use of the Trail Appliances website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.

In these Terms of Use, a reference to the “Website” includes all information and other content (including all text, graphics, images, video, and other elements available on or through the Website) available on or through the Website and the design, structure, selection, arrangement and look and feel of each element of the Website and the Website as a whole.

2. Changes to these Terms of Use

Trail Appliances may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website at https://www.trailappliances.com/terms-of-use. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to regularly check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by Trail Appliances, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use.

3. Permitted Users

The Website may be used only by individuals (natural persons) who are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Website if you do not unconditionally accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by Trail Appliances.

4. Permitted Use of the Website

Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and in accordance with these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited. You are solely responsible and liable for ensuring that your access to and use of the Website complies with all applicable laws.

5. Website Content

The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning Trail Appliances and its business, products and services, and may be subject to change at any time and without any notice to you. You are solely responsible and liable for your selection and use of the information and content on or available through the Website, including without limitation any specification documents available for download through the Website.

6. Your Information

You will ensure that all information you provide to Trail Appliances, through the Website or otherwise, including purchase order information (including your legal name, residential address, email address and order number), payment information (including your credit card numbers and their expiration dates) and transaction-related information is true, accurate, current and complete. Trail Appliances will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Trail Appliances or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.

7. Communications

You authorize Trail Appliances to (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by email or other means of communication.

Communications you send to Trail Appliances are not effective unless and until they are processed by the responsible Trail Appliances representative. Trail Appliances may refuse to process any communications sent to Trail Appliances, or may reverse the processing of any communications sent to Trail Appliances, at any time in Trail Appliances’ discretion, and without any notice or liability to you or any other person, including if Trail Appliances believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

8. No Advice

The Website is for general informational purposes only, and is not, and should not be construed or interpreted as, or substituted for, professional advice or recommendations (including home renovation/installation, financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.

9. Linked Sites

For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Activating a link may cause your browser to leave the Website and connect with the Linked Site. Linked Sites are independent from the Website and may have different or inconsistent terms of use and privacy policies. Trail Appliances does not sponsor or endorse, or have any responsibility or liability for or control over, any Linked Site, any information, product, service, business, company or content available on or through any Linked Site or the collection of your personal information through any Linked Site or by the owner or operator of any Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Trail Appliances for any loss or damage whatsoever arising from, connected with, or relating to your use of any Linked Site, your dealings with the owner or operator of any Linked Site or any information, product, service, business, company or content available on or through any Linked Site.

10. Online Payment Service

For your convenience, the Website may provide access to an online payment service (the “Payment Service”) that you may use to pay outstanding amounts under an existing purchase order that you have placed with Trail Appliances. You will ensure that all information you provide through the Payment Service (including your credit card numbers and their expiration dates) is true, accurate and complete and you will retain a copy of each payment confirmation you receive in connection with your use of the Payment Service. The processing of your payment through the Payment Service may be delayed. You will be solely responsible and liable for your use and misuse of the Payment Service and for any and all loss, damage and additional costs that you, Trail Appliances or any other person may incur as a result of your misuse of the Payment Service, your submission of any false, incorrect or incomplete information or any delays in processing your payment through the Payment Service.

11. Privacy Policy

The Website collects information that you specifically and knowingly provide, and uses technological measures to collect information about your use of the Website. By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Trail Appliances as explained in the Trail Appliances Privacy Policy (online: www.trailappliances.com/privacy), as revised from time to time, and as otherwise permitted by applicable law.

12. Feedback

If you give any feedback (including any ideas or suggestions for enhancements or improvements) to Trail Appliances about the Website or any of the products and services provided by Trail Appliances, then Trail Appliances and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any and all ways and for any and all purposes without providing any compensation or attribution to you or any other person.

13. Prohibited Use of the Website

You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not deliberately made available for that purpose by Trail Appliances; (d) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (e) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, modify, distribute, imitate, publish, republish, translate, create derivatives of, repost, publicly display, publicly perform, transmit, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, download, store, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (h) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of Trail Appliances or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.

14. Ownership of Website

Copyright © 2020 Trail Appliances Ltd. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by Trail Appliances or other members of Trail Appliances Group or its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.

15. Trademarks

Trail Appliances^®, Trail^®, Trail & Design^® and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Trail Appliances. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting any licence or right to use any of those trademarks, service marks or trade names.

16. Disclaimers and Exclusion of Liability

General Disclaimers:  To the fullest extent permitted by applicable law, the Website is made available and provided to you on an “as is”, “as available” and “with all faults” basis and without any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representation, warranty, condition or guarantee of or relating to accuracy, availability, completeness, timeliness, lack of errors, viruses or other harmful components, correction of defects, security, reliability, quality, fitness for a particular purpose, merchantability, non-infringement or results, all of which are hereby waived by you and disclaimed by Trail Appliances Group to the fullest extent permitted by applicable law; and no representation, warranty, condition or guarantee is or will be created by any advice or information, whether oral or written, provided by or on behalf of Trail Appliances Group. If you are dissatisfied with the Website, your sole remedy is to stop using the Website.

Technology Disclaimers:  The Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Trail Appliances Group is not responsible or liable for any delays, delivery failures or other damage or loss resulting from any of those problems.

Linked Sites Disclaimers:  Without limiting any other disclaimer, you are solely responsible for the selection of Linked Sites to achieve your intended results, and you access and use Linked Sites at your own risk. Trail Appliances Group does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever (whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance) regarding any Linked Site. Trail Appliances Group does not control, and is not responsible or liable for, any Linked Site.

Exclusion of Liability:  To the fullest extent permitted by applicable law, in no event and under no circumstances will Trail Appliances Group be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential, exemplary and punitive damages) arising from, connected with or relating to your use of or inability to use the Website or any related matter under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of Trail Appliances Group even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability, and even if Trail Appliances Group knew or should have known the possibility of the loss, damage or liability being incurred.

Definition:  In these Terms of Use, “Trail Appliances Group” means Trail Appliances Ltd. and each of its corporate affiliates and subsidiaries, licensors, suppliers and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives, jointly and severally.

The foregoing disclaimers and exclusions of liability do not apply if and to the extent prohibited by applicable law.

17. Restrictions/Changes/Termination

The Website may contain technologies that restrict or limit the use of the Website. Trail Appliances in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Trail Appliances, all without any notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).

18. Governing Law

Unless applicable law expressly provides otherwise, these Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with: (a) if these Terms of Use are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of Alberta, the laws of the Province of Alberta, Canada and applicable federal laws of Canada; or (b) if these Terms of Use are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of British Columbia, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction..

19. Disputes

Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Website or any related matter (each a “Dispute”) will be referred to and finally resolved by binding arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one. If these Terms of Use are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of Alberta, the place of arbitration will be Calgary, Alberta. If these Terms of Use are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of British Columbia, the place of arbitration will be Vancouver, British Columbia. The language of the arbitration will be the English language.

Notwithstanding the foregoing, Trail Appliances may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect Trail Appliances’ rights and interests.

Unless applicable law requires otherwise, if you fail to commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, then any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by applicable law remains unaffected.

20. Indemnification of Trail Appliances Group

You will defend, indemnify and save and hold harmless each member of Trail Appliances Group and their successors and assigns from and against any and all losses, damages, liabilities, costs, claims, complaints, demands, actions, suits and proceedings (including reasonable lawyers’ fees) arising from, connected with or relating to any breach by you of these Terms of Use or your use of the Website.

21. General Matters

Miscellaneous:  These Terms of Use are binding on you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. These Terms of Use are for the benefit of Trail Appliances Group and their successors and assigns. No consent or waiver by Trail Appliances to or of any breach by you of these Terms of Use will be effective unless in writing and signed by Trail Appliances or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Trail Appliances Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Trail Appliances Group may be lawfully entitled under these Terms of Use or at law, and Trail Appliances Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of Trail Appliances, which consent may be withheld in Trail Appliances’ discretion. Trail Appliances may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.

Interpretation:  In these Terms of Use: (a) a reference to “Terms of Use” refers to these Website Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “discretion” means a person’s sole, absolute and unfettered discretion; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “person” includes an individual, corporation and any other legal entity.

Complete Agreement:  These Terms of Use set out the entire agreement between you and Trail Appliances regarding your use of the Website. These Terms of Use may not be modified except as set out in section 2. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Trail Appliances regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.

Language:  You and Trail Appliances have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by Trail Appliances is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.

If you have any questions or comments regarding these Terms of Use, please contact Trail Appliances by email to info@trailappliances.com.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE WEBSITE.

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Introduction

Your privacy is important to Trail Appliances Ltd. and its corporate subsidiaries and affiliates (collectively “Trail Appliances”). This Privacy Policy explains how Trail Appliances collects, uses, discloses and retains personal information, including the use of personal information in connection with interest-based advertising.

1. Your Consent

When you provide Trail Appliances with your personal information, you consent to the collection, use, disclosure and retention of that information by Trail Appliances in accordance with this Privacy Policy and as otherwise permitted by law.

2. Personal Information

In this Privacy Policy, “personal information” means information about an identifiable individual that allows someone to identify or contact you (e.g. your mailing address, telephone number or email address) or other information defined by applicable law as “personal information”, “personally identifiable information” or “personal data”, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.

3. How Trail Appliances Collects Your Personal Information

Information You Provide

You may be asked to voluntarily provide your personal information to Trail Appliances any time you are in contact with Trail Appliances, including when you purchase products or services from Trail Appliances (including at a Trail Appliances store or through the Trail Appliances website), when you create or manage an account with Trail Appliances, when you send Trail Appliances an email, when you register or subscribe for Trail Appliances’ newsletters or promotions or participate in Trail Appliances’ promotions, sweepstakes, contests or surveys, and when you contact Trail Appliances’ customer care or other Trail Appliances representatives.

For example, we may collect:

• contact information (such as name, email address, postal address and phone number) when you make an inquiry or contact us;
• contact information, payment card information, and government-issued identification information when you make a purchase with us (including at a Trail Appliances store or through the Trail Appliances website) or use a service provided by us (including shipping or delivery of a product you have purchased from us);
• contact information and government-issued identification information when you participate in a promotion, sweepstakes, contests or surveys;
• contact information, communications preferences and correspondence you send to us.

In those circumstances, you can choose not to provide certain requested personal information, but then you may not be able to purchase products or services or access or use certain features of Trail Appliances’ websites, or otherwise receive the full benefit of our products and services.

Automated Collection

Trail Appliances may use technologies to automatically collect certain information regarding your use of Trail Appliances’ websites, products or services, such as the dates and times that you access a Trail Appliances website or a service, the browsers, operating systems, software, devices and networks that you use to access the website or service and details of your use of the website or service.

Some of the information automatically collected by technological means is non-personal information (because the information does not identify you), and Trail Appliances will deal with that non-personal information as explained below in this Privacy Policy unless applicable law requires otherwise.

Information from Third Parties

In some circumstances, Trail Appliances may collect personal information from third parties (such as if we provide you with the option to have your order shipped by a third party carrier or if you have purchased a warranty offered by a third party company). Trail Appliances will only collect your personal information from a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so.

Information from Other Sources

Trail Appliances may collect personal information from various publicly available sources, such as if you interact with a Trail Appliances social media account.

4. How Trail Appliances Uses Personal Information

General

Trail Appliances may use your personal information for various purposes in connection with our relationship with you and as otherwise set out in this Privacy Policy or permitted by applicable law, including: (i) to contact and correspond with you regarding your transactions and your use of Trail Appliances’ products and services and to provide you with customer care services; (ii) to facilitate your interactions and transactions with Trail Appliances; (iii) to provide services to you; (iv) to process and respond to your inquiries, requests and other communications; (v) to provide you with information (including by email and other electronic messages) regarding Trail Appliances and its business and services and services offered by other businesses, to the extent permitted by applicable law; (vi) to administer and facilitate your participation in contests and promotions related to Trail Appliances; (vii) to maintain, protect and improve Trail Appliances’ services and to develop new services; (viii) to develop, deliver and improve Trail Appliances’ products, services and advertising; and (ix) to protect and enforce Trail Appliances’ legal rights, interests and remedies and to protect the business, operations and customers of Trail Appliances or other persons.

Trail Appliances may combine your personal information collected by Trail Appliances through various sources, including information collected at Trail Appliances’ stores and through Trail Appliances’ websites, and information obtained from other sources.

Trail Appliances may develop and maintain a confidential profile for you to provide information, products and services to you, to facilitate your interacts with us and as otherwise set out in this Privacy Policy.

Trail Appliances may use your personal information to create non-personal information, and Trail Appliances may then use, disclose, transfer and retain the non-personal information as set out below in this Privacy Policy.

Cookies and Other Technologies

Trail Appliances’ websites, online services, email messages, and advertisements may use "cookies" and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Trail Appliances to improve products and services, advertising and customer communications.

For example, Trail Appliances may use information collected through cookies and similar technologies to recognize a user of Trail Appliances’ websites and supplement our confidential profile for that user, determine a user's general location to tailor the website content to that user's location, track use of the websites, offer personalized web page content, information and advertisements, and otherwise facilitate and improve the website experience. You may choose to decline or disable cookies if your web browser permits, but doing so may affect your ability to access or use certain features of Trail Appliances’ websites. Information about how Google uses cookies and how you can limit or disable certain kinds of cookies on your personal computer or mobile device is available here: https://www.google.com/policies/privacy/partners/ and https://www.google.com/policies/technologies/ads/.

Trail Appliances may use web beacons, pixels or gif tags and action tags to confirm that email messages have been delivered and opened. You may opt out of receiving emails in accordance with this Privacy Policy.

Information provided by cookies may be collected and processed by Trail Appliances or by its third party service providers, including Google and Facebook.

5. How Trail Appliances Discloses Personal Information

General

Trail Appliances discloses your personal information for purposes relating to or arising from your relationship and transactions with Trail Appliances and as otherwise set out in this Privacy Policy or permitted by applicable law.

Specific Consents

Trail Appliances may disclose your personal information in accordance with express or implied consents that you give during your interactions and transactions with Trail Appliances.

Suppliers and Service Providers

Trail Appliances may disclose your personal information to its suppliers and service providers (including to provide payment processing services, customer care, customer communications, data processing, data management, marketing, advertising and fraud detection) to assist Trail Appliances in the provision of information and services to you, to provide services to Trail Appliances, to assist Trail Appliances to use your personal information as set out in this Privacy Policy and as otherwise permitted by applicable law.

Business Partners and Other Third Parties

In some circumstances, we may share personal information with our business partners, such as strategic business partners who provide products and services that enhance your experience with us or that may be of interest to you, and other third parties. Trail Appliances will only disclose your personal information to a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so.

For example, if we provide you with the option to have your order shipped by a third party carrier or if you have purchased a warranty offered by a third party company, we may disclose information to that third party to the extent necessary to provide that product or service.

Law Enforcement/Legal Disclosures

Trail Appliances may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Trail Appliances may disclose your personal information to law enforcement agencies or other independent organizations if Trail Appliances reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if Trail Appliances reasonably believes the disclosure is necessary or appropriate to protect and enforce Trail Appliances’ legal rights, interests and remedies or to protect the rights, interests, business, operations or customers of Trail Appliances or other persons (including to detect and prevent fraud and other illegal activities and to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of Trail Appliances’ services). Trail Appliances has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the agencies, independent organizations or other persons to whom Trail Appliances discloses the information in the foregoing circumstances, and the use, disclosure and retention of the disclosed information by those agencies, independent organizations or other persons is not subject to this Privacy Policy.

Business Transactions

Trail Appliances may disclose your personal information in connection with a proposed or actual business transaction in which Trail Appliances is involved (e.g. a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of Trail Appliances’ business or assets), but Trail Appliances will require the information recipient to agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy and applicable law.

6. Location of Personal Information

Trail Appliances and its service providers may process, store and use your personal information at facilities in Canada, the United States and other countries. The personal information protection laws of those other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. By providing your personal information to Trail Appliances, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities.

7. Retention of Personal Information

Trail Appliances will retain your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with Trail Appliances’ legal obligations or enforce or protect Trail Appliances’ legal rights, or a longer period required or permitted by applicable law. Trail Appliances will delete or dispose of your personal information, or depersonalize the information, when Trail Appliances is no longer reasonably required to retain the information for the purposes set out or referenced in this Privacy Policy.

8. Protection of Personal Information

Trail Appliances uses reasonable safeguards – including administrative, physical and technical security and safeguarding measures – appropriate to the sensitivity of the personal information in Trail Appliances’ possession or under Trail Appliances’ control to help protect the information from unauthorized access, collection, use, disclosure, deletion or similar risks. Nevertheless, security risks cannot be eliminated and Trail Appliances Companies cannot guarantee that your personal information will not be accessed, used, disclosed or deleted in ways not otherwise described in this Privacy Policy.

9. Accuracy and Access to Personal Information

Trail Appliances will rely on you to ensure that the personal information that you provide to Trail Appliances is as accurate, complete and up to date as necessary for the purposes for which Trail Appliances uses the personal information. You will promptly notify Trail Appliances of any changes to the personal information that you provide to Trail Appliances using the procedures made available for that purpose by Trail Appliances or by contacting Trail Appliances’ Privacy Officer using the contact information noted below.

You may reasonably request access to your personal information collected by Trail Appliances and information about Trail Appliances’ use, disclosure and retention of that personal information by submitting a written request to Trail Appliances’ Privacy Officer using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information corrected as appropriate. You may be required to pay a reasonable fee for access to your personal information. Trail Appliances may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, or if Trail Appliances reasonably believes that the requested access would infringe or jeopardize the privacy of other persons, or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.

10. Non-Personal Information

Trail Appliances may use personal information to create and collect non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. Trail Appliances may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with personal information, then Trail Appliances will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined with your personal information.

11. Other Websites and Businesses

Trail Appliances’ websites and correspondence (including emails and messages) may include advertisements for products and services offered by independent businesses or links to websites operated by independent businesses. Trail Appliances has no responsibility or liability for, or control over, those other websites, online services or businesses, their products or services, or their collection, use, disclosure or retention of your personal information. This Privacy Policy does not apply to the collection, use, disclosure and retention of your personal information by those websites, online services and independent businesses. If you have questions about how those websites, online services or independent businesses collect, use, disclose or retain personal information, please contact the owner or operator of the website, service or business.

12. Social Media

When you use certain aspects of Trail Appliances’ websites or other services, or post information to other social media sites (e.g. there may be links to Trail Appliances’ Facebook, Twitter, Instagram, YouTube or LinkedIn pages or you may be able to "like" a product on your Facebook account or “pin” a product on your Pinterest account), the personal information that you post or share in connection with these third party sites is visible to other persons and can be read, collected, used and disclosed by other persons, including to send unsolicited messages. As will be evident, in such a case, you will be leaving Trail Appliances’ website and going to the third party's website. Any information provided to such third party social networking sites and other sites is governed by their own privacy policies, which you may read on the applicable site. You are solely responsible for the personal information that you choose to post or share in those situations. Trail Appliances has no control over, or responsibility or liability for, the use, disclosure, and retention of the personal information that you disclose in those situations, and the use, disclosure, and retention of the disclosed information is not subject to this Privacy Policy.

13. Other Matters

Disclaimers, Liability Exclusions/Limitations and Disputes:  The agreements (including any website terms of use) that you accept when you apply, register for, order or use Trail Appliances’ products and services contain important provisions, including provisions disclaiming, limiting or excluding the liability of Trail Appliances and other persons (including service providers) and provisions determining the applicable law and jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Trail Appliances’ collection, use, disclosure and retention of your personal information, and are of the same force and effect as if they were reproduced directly in this Privacy Policy. Nothing in this Privacy Policy amends any of those other agreements.

Employment: If you apply to Trail Appliances for employment, then to the extent permitted by applicable law Trail Appliances may use and disclose your personal information to administer and process your application and related matters.

Changes to this Privacy Policy:  Trail Appliances may change this Privacy Policy as it applies to Trail Appliances from time to time by posting a new version of this Privacy Policy on Trail Appliances’ websites. Trail Appliances’ collection, use, disclosure and retention of your personal information will be governed by the version of this Privacy Policy in effect at that time. Your continued dealings with Trail Appliances after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information by Trail Appliances as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.

English Language:  You and Trail Appliances have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que cette Politique de Confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais.

Notices to You: You consent to Trail Appliances sending you emails (to the email addresses you provide to Trail Appliances) regarding this Privacy Policy and related matters.

14. Contacting Us

If you have any comments or questions about this Privacy Policy or how Trail Appliances deals with your personal information, please contact Trail Appliances’ Privacy Officer by mail or email at: Trail Appliances – Privacy Officer, 3388 Sweden Way, Richmond, BC V6V 0B2; email: privacy@trailappliances.com (for British Columbia) or Trail Appliances – Privacy Officer, 6880 – 11 Street SW, Calgary, AB T2H 2T9; email: abprivacymgr@trail-appliances.com (for Alberta and Saskatchewan).

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Our Price Matching Policy

Trail Appliances is committed to you as a valued customer, and is pleased to offer a price match guarantee designed to ensure that you receive competitive pricing on products purchased from Trail Appliances.

How it Works

If you find a lower price (the “Competitor Price”) advertised by a competitor for a product (the “Competitor Product”) that is the same brand and model of a product you have purchased or will purchase from Trail Appliances, then subject to the terms of this Price Matching Policy, Trail Appliances will match the Competitor Price.

You must contact a local Trail Appliances Product Specialist to request a price match. If you have not yet ordered your Trail Appliances product, please contact Trail Appliances to request a price match prior to placing your order. If you have already ordered your Trail Appliances product, you must contact Trail Appliances to request a price match within the earlier of: (a) thirty (30) days after delivery of your Trail Appliances product; and (b) nine (9) months after the date on which you placed your order.

When you contact Trail Appliances to request your price match, please provide the following:

• the brand name and model number of your Trail Appliances product;
• a link to a webpage or a copy of a current flyer or other advertising that shows the Competitor Product, including brand name and model number, is available for purchase from the competitor in the local trade area; and
• proof of the Competitor Price.

Once you provide the above information, Trail Appliances will confirm if this Price Matching Policy applies to your Trail Appliances product. Trail Appliances may request additional information from you (such as proof of purchase of your Trail Appliances product, proof of your identity and payment card information) prior to confirming this Price Matching Policy applies or providing you with the requested price match.

Restrictions

This Price Matching Policy is subject to the following restrictions:

• The Competitor Price must be in Canadian dollars and in effect at the time you request a price match. Trail Appliances will not honour expired or unavailable Competitor Prices. Competitor Prices that are due to advertising errors or misprints, restricted offers, mail order offers, rebates or coupons, or free or bonus offers are excluded from this Price Matching Policy.
• Competitor Prices must be generally available to the public. Individualized or personalized pricing (such as a promise from a manager of another retailer to you) and specialized discounts (such as volume or wholesale pricing; corporate pricing; builder contract pricing; bid pricing; membership, group or club pricing; prices from an online auction, bid or retail aggregator site; or credit, lease or financing program prices) are excluded from this Price Matching Policy.
• Proof of the Competitor Price must be valid, as determined by Trail Appliances in its sole discretion. Valid proof may include a copy of an online or print advertisement, but does not include handwritten prices or verbal assurances.
• The Competitor Product must be the same brand and model as your Trail Appliances product. The Competitor Product must be in stock and available for purchase from a competitor at the time you request a price match. This Price Matching Policy does not apply to Competitor Prices for Competitor Products that are sold in limited-time offers or in limited quantities, or are refurbished, open-box and scratched or dented or otherwise on clearance.
• The Competitor Product must be sold and shipped by a valid retailer or authorized dealer located in the province or territory in which you have purchased or will purchase your Trail Appliances product. Discount or consignment sites or stores, marketplaces, third party resellers and online-only retailers are excluded from this Price Matching Policy. Competitor Products must be sold new to qualify.
• This Price Matching Policy applies only to prices for Trail Appliances products. Prices for taxes, delivery, shipping, warranty plans and add-on or related services (such as prices for installation, maintenance or repair) are excluded from this Price Matching Policy.
• Certain Trail Appliances products are excluded from this Price Matching Policy, including refurbished, open-box and scratched or dented products; close-out models and liquidation or clearance products; and all Miele products.
• Only one price adjustment per order is permitted.
• This Price Matching Policy is subject to availability of Trail Appliances products, and Trail Appliances may refuse any price match request for a Trail Appliances product that is no longer available for any reason.

Trail Appliances may refuse any price match request that does not comply with this Price Matching Policy, as determined by Trail Appliances in its sole discretion.

Changes to this Policy

Trail Appliances may change this Price Matching Policy at any time and without prior notice. The version of this Trail Appliances Price Matching Policy that applies to your price match guarantee is the then-current version at the time Trail Appliances processes your price match request.

Contacting Us

If you have any questions about this Price Matching Policy or a price match request, please contact your Product Specialist

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These Purchase Terms and Conditions govern any online purchase you make through the Trail Appliances website. By placing an order for a product through the Trail Appliances website, you acknowledge and signify that you have read, understand and agree to these Purchase Terms and Conditions. If you do not agree to these Purchase Terms and Conditions, then you may not place an order for a product through the Trail Appliances website.

These Purchase Terms and Conditions are in addition to the Trail Appliances Website Terms of Use, which govern your use of the Trail Appliances website.

1. Your Acceptance of These Terms

These Purchase Terms and Conditions govern any purchase you make through the Trail Appliances website (the “Website”) and are a binding agreement between you and: (a) Trail Appliances Ltd., a company incorporated under the laws of the Province of Alberta, if your shipping address or in-store pickup location, as applicable, is in Alberta or Saskatchewan; or (b) Trail Appliances Ltd., a company incorporated under the laws of the Province of British Columbia, if your shipping address or in-store pickup location, as applicable, is in British Columbia or any other jurisdiction except Alberta or Saskatchewan (in either case, hereinafter “Trail Appliances”). Each time you place an order for a product through the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Purchase Terms and Conditions. If you do not unconditionally accept and agree to these Purchase Terms and Conditions, then you may not place an order for a product through the Website. If any other terms and conditions apply to a purchase you make through the Website, to the extent there is any conflict or inconsistency between those terms and conditions and these Purchase Terms and Conditions, then these Purchase Terms and Conditions will take priority and govern.

2. Orders

All products on the Website are invitations to purchase and not offers to sell. You may place an order for a product on the Website using the functionality made available to you. Your properly completed and submitted order constitutes your offer to purchase each product referenced in your order. After you place an order: (a) you will receive an automatic email confirming that Trail Appliances has received your order; and (b) Trail Appliances will contact you to confirm the details of your order, including details regarding shipping or delivery. Following Trail Appliances’ confirmation of the details of your order, Trail Appliances will send you an invoice for your order, which is deemed to be Trail Appliances’ acceptance of your order. Trail Appliances may require additional verification or information from you before accepting your order.

3. Order Restrictions

You may not submit an order for a product if you are under the age of majority in the jurisdiction in which you reside or if you cannot form a legally binding contract. Trail Appliances reserves the right, in its sole discretion, to: (a) limit the quantity of any product purchased per person, per household or per order; and (b) prohibit the purchase of any product by an actual or suspected dealer or reseller.

4. Accounts

Trail Appliances may permit you to make an account to facilitate your use of the Website and orders you make for products on the Website. If you make an account, you: (a) are fully responsible and liable for all use of your account (including the transactions made using your account, the information you provide in connection with your account and the confidentiality of your password and other account information); (b) represent and warrant that all information you provide in connection with your account is true, accurate, current and complete; and (c) acknowledge that your account may be suspended or deactivated by Trail Appliances or otherwise become unavailable at any time and without any notice to you.

5. Prices and Other Fees

All prices for products appearing on the Website are quoted in Canadian dollars, and are exclusive of all taxes and shipping, delivery, environmental handling and Major Appliance Recycling Roundtable (MARR) administrative program fees or similar environmental fees. You acknowledge that all prices for products are guaranteed only for nine (9) months from the date of your order, after which prices may be subject to change depending on changes to manufacturer pricing. If you place an order for a product more than nine (9) months in advance, the price for your product may increase before you take possession of your product.

An estimate of applicable taxes, environmental handling fees and MARR administrative program fees is provided to you at the time you place your order. If applicable taxes, environmental handling fees or MARR administrative program fees increase before your order has been delivered or picked up, you will be charged the difference at time of delivery or pickup. Trail Appliances reserves the right to adjust pricing to include government tariffs in effect at the time of delivery.

There may be additional fees for shipment or delivery out of standard delivery areas, for shipment or delivery of oversize or heavy items, or where certain in-home additional services are performed during the delivery process (e.g. moving existing appliances to another location in the home).

6. Payment

By placing an order for a product through the Website, you agree to pay to Trail Appliances the total amount set out in your order, including the product purchase price, applicable taxes and applicable shipping, delivery, services, environmental handling and MARR administrative program fees.

When you place an order for a product through the Website, your form of payment will be authorized and charged as of the date the order is placed. If you are required to pay additional taxes, environmental handling fees or MARR administrative program fees (as described in Section 5, above), you consent to Trail Appliances charging your form of payment at time of delivery or pickup.

7. Promotions, Discounts and Price Match Guarantee

Trail Appliances may offer promotions or other discounts from time to time. If Trail Appliances offers promotional or discount pricing for a product, the promotional or discount price takes effect as of midnight PST on the advertised date. Additional terms and conditions may apply.

Trail Appliances offers a price matching guarantee in accordance with the Trail Appliances Price Matching Policy, which is incorporated by reference into these Purchase Terms and Conditions.

8. Shipping, Delivery and In-Store Pickup

Trail Appliances will provide shipping and delivery, or make the product available for in-store pickup at a Trail Appliances store or warehouse, in accordance with the Trail Appliances Shipping, Delivery and Pickup Policy, which is incorporated by reference into these Purchase Terms and Conditions.

9. Cancelling Orders

Trail Appliances may refuse or cancel an order or any portion thereof for any reason and at any time before Trail Appliances have shipped it to you, including if: (a) a product is or becomes unavailable; (b) Trail Appliances places a limit on the quantity of a product purchased per person, per household or per order; (c) product or price information contained an inaccuracy or error; (d) a product recall has been issued in respect of the product you have ordered; (e) Trail Appliances have identified an actual or suspected fraud in connection with your order; (f) the information in your order is incomplete or inaccurate; or (g) your order does not comply with these Purchase Terms and Conditions or applicable law. Trail Appliances will send you an email notification if Trail Appliances cancel your order.

To request an order cancellation, you may contact Trail Appliances using the contact information set out in your order confirmation email. Trail Appliances may, but is not obligated to, accept or reject any order cancellation request not made in accordance with applicable provincial consumer protection laws, if any. Order cancellations may be subject to a restocking fee.

10. Return Policy

Trail Appliances will accept returns in accordance with the Trail Appliances Return Policy, which is incorporated by reference into these Purchase Terms and Conditions.

11. Refurbished, Open-Box and “As-Is” Products

Trail Appliances may make available for purchase on the Website certain discounted products, including: (a) refurbished products (i.e. products that have been returned, repaired and tested to ensure they will perform as new); (b) open-box products (i.e. products that are brand new and unused, although original packaging may be altered, removed or replaced); and (c) “as-is” products (i.e. products that may contain scratches, dents or other cosmetic imperfections but will perform as new). In each case, Trail Appliances will identify these discounted products on the Website and the reason for the discounted price.

The manufacturer’s warranty may still apply to some of these discounted products. In some cases, Trail Appliances may offer a time limited warranty for a discounted product for an additional fee.

Except to the extent covered by a warranty (if any), all discounted products are sold as-is, as-available and with all faults, and all sales are final. Each discounted product must be picked up in-store or able to be delivered within seven (7) days of receipt of your invoice from Trail Appliances in respect of the discounted product.

12. Currency/Errors and Product Availability

The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all products available on the Website. The information and content on or available through the Website might not be accurate, current or complete, and misprints, errors, inaccuracies or omissions (including incorrect specifications for prices, products and services) or other errors might not be corrected. Trail Appliances cannot guarantee that products advertised on the Website will be available when ordered or thereafter and does not warrant that the content of the Website (including specifications for prices, products, photographs and colours) is accurate or complete. Prices for products on the Website may differ from prices for products available in-store. Trail Appliances does not accept any liability for any information or content on or available through the Website.

Trail Appliances reserves the right to (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products advertised on the Website, the specifications for prices and products, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place, through the Website or otherwise; and (d) limit quantities available for sale or sold.

13. Your Information

You will ensure that all information you provide to Trail Appliances when you place an order through the Website (including your legal name, residential address, email address and order number), payment information (including your credit card numbers and their expiration dates) and transaction-related information is true, accurate, current and complete. Trail Appliances will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Trail Appliances or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes. By providing your information to Trail Appliances when you place an order through the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Trail Appliances as explained in the Trail Appliances Privacy Policy (online: https://www.trailappliances.com/privacy), as revised from time to time, and as otherwise permitted by applicable law. Trail Appliances is entitled to accept and act on any instructions or other information received from you and is not under any obligation to verify your identity or authority, but Trail Appliances in its discretion may do so and may refuse to accept or act on any instructions or other information if Trail Appliances is not satisfied with the verification.

14. Limited Trail Appliances Warranty

Trail Appliances warrants that each product you purchase through the Website shall bear the brand or trade name set forth on the Website, and you have purchased the product by trade name. Other than the limited warranty expressly set out in this Section 13, to the maximum extent permitted by applicable law, Trail Appliances hereby disclaims all warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to: accuracy, accessibility, availability, durability, fitness for a particular purpose, merchantability, performance, quality, results or suitability.

15. Manufacturer’s Warranties and Extended Warranties

Certain products may have product warranties provided by the manufacturer. You acknowledge that: (a) the product warranty is provided by the manufacturer and not Trail Appliances and that Trail Appliances disclaims any and all responsibility for the product warranty; (b) you were able to access full particulars of the product warranty at the time you purchased the product; and (c) the product warranty is limited to the service or repair of the product by the manufacturer during the warranty period expressly set out in the product warranty.

In certain circumstances, you may also be able to purchase an extended warranty for a product. If you purchase an extended warranty, you acknowledge that the extended warranty is provided by a third party and not Trail Appliances and that Trail Appliances disclaims any and all responsibility for the extended warranty.

In each case, you acknowledge that additional terms and conditions apply to the manufacturer’s warranty or extended warranty (as applicable) that are separate and do not form any part of these Purchase Terms and Conditions.

16. Exclusion of Liability

In no event and under no circumstances will Trail Appliances be liable to you or any other person for damage or loss (including direct, indirect, incidental, consequential, special, punitive or exemplary damage or loss or loss of use) arising from, in connection with or relating to: (a) your use of the Website; (b) any information on the Website, including product and price information; (c) any order submitted through the Website, including any unauthorized access to or alteration of any information you submit in an order; and (d) any product purchased through the Website or its use, suitability or availability. You agree to follow all applicable manufacturer's use and maintenance instructions. Without limiting the generality of the foregoing, Trail Appliances is not liable for damage or in operation resulting from accident, alteration, misuse, abuse or improper installation or maintenance of a product.

17. Changes to these Purchase Terms and Conditions

Trail Appliances may change these Purchase Terms and Conditions at any time and from time to time, without any prior notice, by posting the changed Purchase Terms and Conditions on the Website at terms of use. The changed Purchase Terms and Conditions are effective immediately on posting on the Website, unless the changed Purchase Terms and Conditions expressly state otherwise. It is your responsibility to regularly check the “Last Updated” date at the top of these Purchase Terms and Conditions and review any changes since the previous version. By placing an order through the Website after these Purchase Terms and Conditions have been changed by Trail Appliances, you signify your unconditional acceptance and agreement to be bound by the changed Purchase Terms and Conditions. You may not change these Purchase Terms and Conditions.

18. Governing Law

Unless applicable law expressly provides otherwise, these Purchase Terms and Conditions and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with: (a) if these Purchase Terms and Conditions are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of Alberta, the laws of the Province of Alberta, Canada and applicable federal laws of Canada; or (b) if these Purchase Terms and Conditions are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of British Columbia, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.

19. Disputes

Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Purchase Terms and Conditions or any related matter (each a “Dispute”) will be referred to and finally resolved by binding arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one. If these Purchase Terms and Conditions are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of Alberta, the place of arbitration will be Calgary, Alberta. If these Purchase Terms and Conditions are between you and Trail Appliances Ltd., a company incorporated under the laws of the Province of British Columbia, the place of arbitration will be Vancouver, British Columbia. The language of the arbitration will be the English language.

Notwithstanding the foregoing, Trail Appliances may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Purchase Terms and Conditions or to protect Trail Appliances’ rights and interests.

Unless applicable law requires otherwise, if you fail to commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, then any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by applicable law remains unaffected.

20. General Matters

Miscellaneous:  These Purchase Terms and Conditions are binding on you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. These Purchase Terms and Conditions are for the benefit of Trail Appliances and their successors and assigns. No consent or waiver by Trail Appliances to or of any breach by you of these Purchase Terms and Conditions will be effective unless in writing and signed by Trail Appliances or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Trail Appliances under these Purchase Terms and Conditions are cumulative and not exhaustive or exclusive of any other rights or remedies to which Trail Appliances may be lawfully entitled under these Purchase Terms and Conditions or at law, and Trail Appliances may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Purchase Terms and Conditions or any of your rights and obligations under these Purchase Terms and Conditions without the express prior written consent of Trail Appliances, which consent may be withheld in Trail Appliances’ discretion. Trail Appliances may, without your consent, assign its rights and obligations under these Purchase Terms and Conditions. If any provision of these Purchase Terms and Conditions is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Purchase Terms and Conditions and the remaining provisions will continue in full force and effect unless as a result of the severance these Purchase Terms and Conditions would fail in their essential purpose.

Interpretation:  In these Purchase Terms and Conditions: (a) a reference to “Purchase Terms and Conditions” refers to these Purchase Terms and Conditions as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “discretion” means a person’s sole, absolute and unfettered discretion; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “person” includes an individual, corporation and any other legal entity.

Complete Agreement:  These Purchase Terms and Conditions set out the entire agreement between you and Trail Appliances regarding the subject matter hereof, and there are no other representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Trail Appliances regarding the subject matter hereof. These Purchase Terms and Conditions may not be modified except as set out in Section 16.

Language:  You and Trail Appliances have each expressly requested and required that these Purchase Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Purchase Terms and Conditions provided by Trail Appliances is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.

IF YOU DO NOT ACCEPT AND AGREE TO THESE PURCHASE TERMS AND CONDITIONS, THEN YOU MAY NOT PLACE AN ORDER FOR A PRODUCT THROUGH THE WEBSITE.

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Seven Day Return Policy

If you are not satisfied with your purchase of a product from Trail Appliances, you may return the product within seven (7) days of delivery or in-store pick-up of the product, provided that the product has not been used or installed. After seven (7) days, all products become final sale.

Please note this Return Policy applies to the return of products, and not the return of your entire order. If you order more than one product, the return process for each product in your order may differ as set out in this Return Policy.

Prohibited Returns

Trail Appliances will not accept returns for the following products and services, each as determined by Trail Appliances in its sole discretion:

• special order products, as determined by Trail Appliances;
• floor model or open box products or products otherwise purchased “as is”;
• delivery fees and installation charges
• parts and accessories; and
• products that have been installed or used by you.

Re-Stocking and Retrieval Fees

Trail Appliances will apply a minimum 20% restocking fee to the amount returned or reimbursed to you for each product returned with open, altered or missing packaging, as determined by Trail Appliances in its sole discretion. No re-stocking fees will be applied to products returned in original, sealed factory packaging. Trail Appliances may apply a retrieval fee if Trail Appliances is required to retrieve your product.

No Returns for Service or Repair Issues

Please note this Returns Policy does not apply to returns related to service or repair issues. If you would like to request a return due to a service or repair issue, please refer to the applicable warranty terms and conditions.

Return Process

To initiate a return, please contact your Product Specialist.

Contacting Us

If you have any questions about this Return Policy or a return of a product, please contact your Product Specialist.

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