AspirAsia (we, us and our) developed and maintains our website (the Site) and currently allows access to the Site free-of-charge to users who agree to abide by the terms and conditions of this Agreement. We operate our website and do business in Quebec, Canada. By doing business with us you agree that all disputes, regardless of whether we are the plaintiff or defendant will be settled in a court of competent jurisdiction for the Quebec.
2. License and Access
Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, we grant you a limited and revocable licence to access and make non-commercial use of selected web services of our websites at our sole discretion. We encourage all person over the age of majority in your province of residence to enjoy the Site and we do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. If you are under the age of majority in your province of residence, you may use our Website Services only with involvement of a parent of guardian.
Any portion of our websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. This licence does not include any use of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. Any unauthorized use terminates the licence granted by us and may constitute your infringement of our intellectual property rights. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by us or our licensors, suppliers, publishers, or other content providers.
3. Payment Policy
Your order is thoroughly reviewed by us to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. We screen all credit card transactions diligently for credit card fraud. We will pursue fraudulent orders to the fullest extent of the law, no matter how small the amount. Credit card fraud shall refer to all instances of any of the following:
- Unauthorised use or abuse of a third party's credit card details to place an order.
- Dispute of a legitimate credit card charge with your credit card issuer for any amount that is owed and payable to us for an order that you had placed, resulting in non payment on your part for items that you had ordered.
- Intentional non payment on your part for items that you had ordered.
We reserve the right to take legal action against any fraudulent order and claim all expenses and damages arising from our actions to reclaim the amount of the fraudulent order.Check orders are only shipped after the check clears. Please allow five-business days after we receive your check for your shipment to take place. Please note we charge either $15 or the maximum allowable by law for all dishonored checks.
4. Typographical Errors
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or any portion of our websites is accurate, complete, reliable, current, or error-free. If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our content providers, we shall have the right to refuse or cancel any orders placed for such product listed in error whether or not the order has been confirmed and your credit card charged. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
5. Order Acceptance Policy
Listings on our websites are not an offer to sell goods, rather, they are advertisements to receive offers. All orders are subject to review and acceptance by us. We reserve the right to limit quantities available for sale or sold, and that at any time to correct, cancel, reject or terminate any order for any reason whatsoever at our sole discretion, whether or not the order has been submitted, confirmed and/or charged to your credit card. We will promptly issue a credit to your credit card if an order has been charged for a purchase and subsequently cancelled.
6. Restrictions on Use of Copyrights and Trademarks
This Site and all materials on the Site, including, but not limited to the sales copy, navigational aids, images, illustrations, and logos are either our or our affiliates and licensors property and are protected from unauthorized copying and distribution by copyright law, trademark law, international conventions and other intellectual property laws. If you desire to use these properties, you must obtain our written consent prior to your use.
7. Disclaimer About Our Advertising Partners
For some products that we offer, we have teamed up with leading companies to bring you quality services and products. Our reference to them as an Advertising Partner does not mean that we are partners with these companies in the legal sense, merely that we are working with them to offer products and services to you.
All companies that we feature on our site are solely responsible for their own obligations to you and while we are not legally responsible for their obligations, be assured that we will always assist you in dealing with them should any issues arise.
We do not control any of the sites that may be linked to from the Site and therefore we are not responsible for the content of any sites that may be linked to the Site. These links are here only as a convenience to you and you access them at your own risk. In addition, we do not expressly endorse any product or service merely by virtue of having a link to their site.
8. Your Privacy Rights
Prices on the website do not include sales tax or any other customs duties, use, value added, excise, federal, state, local or other taxes. Quebec residents will be charged sales tax GST and QST, and residents from other provinces will be charged sales tax GST.
10. Terms of Limited Warranty
AspirAsia warrants its products to be free from defects in material and workmanship and to operate from the date of manufacturing for five (5) years and subject to all Terms and Conditions stipulated below. If the product fails to operate during the warranty period, we will provide a free replacement compliant with the Terms and Conditions set forth below. No reimbursement for labour is made for our products.
In order to make a claim you must retain the failed product(s) and contact your sales or inside sales representative within 30 days of the failure. This warranty extends only to AspirAsia distributors. AspirAsia will honor valid warranty claims made by an authorized distributor for the remedy set forth above as a result of warranty claims made to the said distributor by its customer.
Terms and conditions
The product must be stored, installed and operated under suitable environmental conditions and in accordance with, but not limited to, the latest National Electrical Code, cULus, CSA, and ANSI specifications. This warranty will be voided if conditions demonstrate abnormal use or stress, such as operating in excess of maximum rated temperatures, under/over voltage conditions, excessive switching cycles or operating hours, or improper installation. This warranty is void if the luminaire is not used for the purpose for which the luminaire is manufactured.
This warranty does not apply to failures caused by acts of GOD. The above mentioned warranty applies only to direct purchases from AspirAsia or from an authorized AspirAsia distributor. AspirAsia's Limited Warranty shall be the sole and exclusive remedy of the purchaser and AspirAsia's sole liability to the purchaser. NO WARRANTY OF FITNESS FOR ANY SPECIFIC OR PARTICULAR PURPOSE IS MADE OR TO BE IMPLIED. NO OTHER WARRANTY APPLIES. AspirAsia will not, under any circumstance, whether as a result of breach of contract or warranty, tort, or otherwise, be liable for any costs or damages, including, but not limited to, lost profits or revenues, incidental, special or consequential damages. No distributor, salesperson, dealer, retailer or other representative has the authority to change or modify this warranty, either verbally or in writing, in any respect.
AspirAsia reserves the right to examine the failed product(s) to determine the cause of failure and patterns of usage. AspirAsia also reserves the right to be the sole judge as to whether the product is defective and covered under this warranty. Subject to change without notice.
Other than the terms of the limited warranty set forth immediately above we make no warranties, expressed or implied, and we disclaim and negate all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose. some states do not allow limitations on implied warranties, so these limitations may not apply to you.
12. Disclaimer of Liability
In no event shall we be liable for any indirect, special, incidental or consequential damages.
13. Claims and Returns Policy
Please consider the information below when returning a product you purchased from AspirAsia Group Inc., henceforth referred to as AspirAsia.
All claims and returns must be requested by e-mail or fax through your designated sales office and should include:
- AspirAsia's order code along with description
- Purchase Order Number
Only products purchased within the last 3 months will be accepted for return. Once a return is approved and processed, the product(s) must be returned within 30 days. All returns for credit must be in their original packaging, unmarked and in resalable condition. Items that are sold in inner pack quantities must be returned in inner pack quantities.
Damaged / Short-shipped goods
Should your stock arrive broken, damaged or short-shipped on a prepaid freight order, AspirAsia will credit the merchandise at its discretion. Such claims must be made within 3 days after receipt of shipment, otherwise the claim may be denied.
AspirAsia is not responsible for any such claims on collect freight shipments.
Return of standard's stocking items
A 25% charge will be applied to the return for credit or exchange of any stock items purchased within the last 3 months.
Ns (non-stock) status
All products that are non-stock are not eligible for return and are to be considered as final sale.
Please note this policy is subject to change without prior notice and supersedes all prior policies or agreements of the same or similar subject.
14. Manner of Refunds
Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.
15. Products Delivery
AspirAsia will pay for the shipping of all orders valued at 500$ or more. Orders confirmed by AspirAsia before 11am will be delivered on the following day. Otherwise, it will be delivered 2 days after the order confirmation. Note that AspirAsia is not responsible for any delay caused by the freight company that it hires, such as DICOM, CANPAR, PUROLATOR, and TRANSPORT GUILBAULT, etc.
16. Resale Price Policy
All resellers of AspirAsia products must be approuved by AspirAsia. The retail price of AspirAsia products shall not be lower than the suggested retail price, except for promotions discussed and accepted by AspirAsia. Any breach of the resales price policy will lead to a loss of warranty on the affected products.
Customer may not assign its rights or obligations hereunder without the express prior written consent of AspirAsia
18. The Foregoing Represents the Entire Agreement
these terms and conditions constitute the entire agreement between AspirAsia and the customer regarding any sale these terms expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. any additional, different or conflicting terms and conditions on any such document issued by customer at any time are hereby objected to by AspirAsia, and any such document shall be wholly inapplicable to any sale made hereunder and shall not be binding in any way on AspirAsia. this agreement shall be binding upon the heirs, successors and assigns of the parties hereto. if any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
19. Severability of Sections
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
20. Anti-Spam Policy
AspirAsia will not tolerate spamming and has a zero tolerance policy regarding the transmission of spam e-mail.
AspirAsia requires that all of our affiliates abide by our Anti-Spam policy and they expressly warrant that they will not engage in spamming. If you feel that you have received spam e-mail, please call us by our tollfree number 1-855-533-8868 (Est time 9AM to 5PM, Monday to Friday). We want to assure you that your complaint will be taken very seriously. We need your help to insure that no one is sending unauthorized e-mails.