0 My cart $0.00 USD

TERMS AND CONDITIONS

 

These website terms and conditions of use for Prima Pack Inc., constitute a legal agreement and are entered into by and between you and Prima Pack Inc. (“Prima Pack”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through www.primamat.com, the website owned and operated by Prima Pack (the “Website”).

 

  1. TERMS OF USE

 

1.1        Acceptance of Terms.

By accessing and/or using the Website, ordering and/or accepting delivery of Prima Pack products (the “Products”) through the Website, you (together with all persons accessing or using the Website, collectively, the “User”) signify that you have read, understood, accepted and unconditionally agreed to be bound by this Agreement in all respects with respect to the Website and the User’s use of the Website.

 

1.2        Amendment of Terms.

Prima Pack may amend these Terms and Conditions from time to time. The User may be required to click “accept” or “agree” to show its consent to an amended version of these Terms and Conditions; otherwise, unless Prima Pack provides a delayed effective date, all amendments will be effective upon posting of such amended Terms and Conditions on the Website. The User is free to decide whether or not to accept any amended version of the Terms, but its continued access to or use of the Website after an amendment becomes effective constitutes its consent to be bound by the Terms, as amended.  The User hereby agrees to review these Terms and Conditions periodically and, more specifically, each time it accesses the Website to submit an order for Products (the “Order”) so as to ensure that it is aware of the then current Terms and Conditions. The User’s use of the Website will be subject to the version of the Terms and Conditions in effect at the time of use.

 

1.3        Additional Terms.

In addition to these Terms and Conditions, the User’s use of the Website will be subject to any additional posted guidelines, policies or rules applicable to the Product purchase and Order, which may be posted and modified from time to time. All such additional terms are hereby automatically incorporated by reference into the Terms and Conditions, provided that in the event of any conflict between such additional terms and the Terms and Conditions, the Terms and Conditions shall govern and be binding on all transactions undertaken through the Website.

 

  1. ONLINE ORDERS

 

2.1        Product Description.

Prima Pack has made every effort to display as accurately as possible the images of our Products on the Website to as closely as possible reflect the color and materials of the Products. Prima Pack cannot guarantee that the User’s computer monitor's display of any color of items on the Website will be accurate and/or truly reflect the color of the item.  All descriptions of Products are subject to change at any time without notice in our sole discretion. Prima Pack does not represent or warrant that the Product meets the specifications, expectations or requirements other than to the extent that the information provided on the Website regarding the Product is true and correct.

 

2.2        Pricing and Payment.

The prices displayed on our Website are in Canadian Dollars and do not include any applicable sales tax or shipping costs. The prices are subject to change at any time without notice and at Prima Pack’s sole discretion.  Shipping costs will depend on the place of delivery and will be calculated in the checkout prior to completing the purchase. The User is required to make payment of all applicable sales taxes that Prima Pack is required to charge and collect on Products purchased on the Website. VISA, MasterCard, American Express and PayPal are acceptable forms of payment on the Website.

 

2.3        Order Fulfillment and Processing Time.

Product availability is subject to change between the time that an online Order for Products is placed and the time of acceptance and fulfillment by Prima Pack. Prima Pack will advise User of any issue with Prima Pack’s ability to fulfill the Order. Prima Pack is not responsible for orders that are placed on the Website that are not able to be fulfilled. In such case, Prima Pack will provide notification of the cancellation of the Order and issue full refund of any prepayment for same forthwith and without deduction.  Alternatively, Prima Pack shall be permitted to provide notice that the Product is back-ordered and to provide estimated time for fulfilment of the Order and the Order will be fulfilled once the Product becomes available.

 

Prima Pack reserves the right to limit the quantities of any Product or discontinue any Product available for sale on the Website.

 

Orders are typically processed and fulfilled or shipped within seven (7)  business days of it being placed on the Website. The estimated delivery time depends on the shipping method selected and the destination. Occasional delays in processing of orders may occur due to factors such as high order volume, holidays or unforeseen disruptions in supply or shipping services.

 

2.4        Delivery and Pick-Up.

On the Website, the User will be permitted to choose to have its Order delivered or picked-up. If the User chooses to have the Order delivered, Prima Pack will use best efforts to have the Order shipped within seven (7) days of the Date of Purchase in accordance with its Shipping Policy, a copy of which is available on the Website. If the User chooses to pick-up the Order, the Order will only be released only to the individual that has placed the Order on the Website upon presentation to Prima Pack of government issued identification. In the case that the User is a corporation, the Order will be released to an officer or director of the Corporation upon satisfactory proof that the individual attending to pick-up the Order is an officer or director of the Corporation and upon providing government issued identification.

 

If the User wishes to have someone other than the individual or a director or officer of the Corporation that is the User pick-up the Order (a “Third-Party”), the User must complete the Third-Party Pick-Up Authorization and Release form which authorizes the Third Party to pick-up the Order and wholly releases Prima Pack from any liability whatsoever regarding the fulfilment of the Order and specifically the release of the Order to the Third Party..    

 

  1. HOURS OF OPERATION

 

3.1        Website Hours.

Our Website is available to our customers 24 hours a day, 365 days a year, subject to regular site maintenance.

 

  1. USE OF WEBSITE

Prima Pack grants the User a limited, revocable, nonexclusive license to use the Website solely for its own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use whatsoever. The User is not permitted to replicate any part of the Website for any purpose whatsoever. User acknowledges and agrees that it is not permitted to copy materials on the Website, reverse engineer or break into the Website, or use the Website or aspects of the Website in violation of any law. The use of the Website by the User is at the sole discretion of Prima Pack and Prima Pack may terminate the use of the Website by the User at any time without notice.  Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

 

  1. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

User acknowledges, understands and agrees that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, is owned by Prima Pack, its licensors, or other providers of such material and is protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights that Prima Pack is at law entitled.

 

Prima Pack and all related names, logos, Product and service names, designs, images, and slogans, including but not limited to Prima Mat are trademarks of the Company or its affiliates or licensors. The User may not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If the User should print off, copy, or download any part of the Website in breach of these Terms and Conditions, the User right to use the Website will cease immediately and the User must, at the option and sole discretion of Prima Pack, return or destroy any copies of the materials that have been made. The User has no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Prima Pack.

 

  1. NO RELIANCE

Although Prima Pack makes reasonable effort to update the information on our Website, it makes no representation, warranty, or guarantee, whether express or implied, that the content of the Website is accurate, complete, or up to date. The Use of the Website by the User is at its own risk and neither the Prima Pack nor its parent, subsidiaries, affiliates, and their respective shareholders, directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for the User’s use of the Website.

The Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to the User, or any third party, for the content or accuracy of any third-party materials.

 

  1. PRIVACY

By submitting personal information on the Website and using the Website, the User consents to the collection, use, reproduction, hosting, transmission, and disclosure of any such User content submissions in compliance with the Prima Pack Privacy Policy, as may be deemed necessary by Prima Pack for use of the Website by the User.

By using this Website the User consents to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. The User may set its browser to be notified before it receives a cookie, giving the User the choice whether to accept it. The User can also set its browser to turn off cookies. If the User does turn off cookies some areas of the Website may not function adequately or fully. For more information on this automated information gathering practice see the Prima Pack Privacy Policy.

 

  1. THIRD-PARTY WEBSITES

For the convenience of the User, the Website may provide links or pointers to third-party sites. Prima Pack makes no representations whatsoever about any other website (“Third-Party Websites”) that may be accessed from this Website. If the User chooses to access any such Third-Party Websites, it does so at its own risk. Prima Pack has no control over the contents of any such Third-Party Websites and accepts no responsibility for such Third-Party Websites or for any loss or damage that may arise from the Users use of any Third-Party Website. The User may be subject to the terms and conditions of such Third-Party Websites and must take necessary steps to familiarize itself with the privacy policies, notices, and terms of use of Third-Party Websites. Prima Pack does not accept any responsibility or liability whatsoever for the data collection, usage, disclosure, security practices, or any other matter related to the Users use of a Third-Party Website.

 

  1. DISCLAIMER OF WARRANTIES

THE USER UNDERSTANDS AND AGREES THAT ITS USE OF THE WEBSITE, ITS CONTENT, AND PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT THE USER’S OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

 

NEITHER PRIMA PACK NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

PRIMA PACK CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. THE USER IS SOLELY AND ENTIRELY RESPONSIBLE FOR ITS USE OF THE WEBSITE AND ITS COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO ITS USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR THE DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

  1. LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL PRIMA PACK (OR ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF PRIMA PACK WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW THAT SUCH USE MAY RESULT IN DAMAGE TO THE USER, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, OR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

 

  1. INDEMNIFICATION

To the maximum extent permitted by applicable law, the User hereby agrees to indemnify, defend and hold harmless Prima Pack, its parent, subsidiaries, affiliates, and their respective shareholders, directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating in any manner or way whatsoever to (i) the User’s use of the Website, its contents, services and the Products; (ii) a breach by the User in any manner of these Terms and Conditions or any other Prima Pack Policy; (iii) the use by the User of any Third-Party Website in any manner related to the Website or the terms, conditions and policies of such Third-Party Website.

 

  1. GOVERNING LAW AND CHOICE OF FORUM

The Website, these Terms and Conditions and each and every other Policy of Prima Pack is governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding the Users domicile, residence, or physical location at the time of use of the Website. 

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions or any other Prima Pack Policy must be instituted in the courts of the City of Toronto and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. The User waives any and all objections to the exercise of jurisdiction over the User by such courts and to the venue of such courts.

 

  1. WAIVER

No failure to exercise or delay in exercising any right, remedy, power, or privilege arising from these Terms and Conditions shall operate or be construed to operate as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege provided in these Terms and Conditions shall preclude any other or any further exercise of any right, remedy, power, or privilege provided in these Terms and Conditions.

 

  1. SEVERABILITY

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall be limited to such term or provision only and shall not in any manner affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

  1. INTENDED AUDIENCE

This Website is intended for use only by individuals who have reached the legal age of majority in the jurisdiction of their residence and who have the capacity to enter into a legally binding contact. Although this Website may be accessible worldwide, we sell products in Canada and the United States only, and we make no representation that products or materials on this Website are appropriate or available for purchase and/or use in locations outside Canada and/or the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

 

 

  1. ENTIRE AGREEMENT

These Terms and Conditions, together with Prima Pack’s Privacy Policy, Shipping Policy, Return Policy and all other policies that may be in effect at the time of the Users use of the Website constitute the sole and entire agreement between the User and Prima Pack regarding the Website and supersedes all prior and/or contemporaneous policies, communications, understandings, agreements, representations and warranties, both written and oral, regarding the Website, the Users use of the Website, the Products and all other matters relevant and/or related hereto.

 

If there are any questions or comments regarding any of the foregoing, the User may contact Prima Pack by email to the following address:  E-mail: sales@prima-pack.com

 

RETURN AND EXCHANGE POLICY

Prima-Pack does not permit the return or exchange of any Product.  Please carefully review your order before confirming your purchase. All sales are considered final.