Last revision: May 27, 2021
Welcome to drainvac.com ("Website"). These terms and conditions of sale ("Terms") govern your use of the Website and the sale of central vacuum cleaners, filters, bags and other products or ancillary services ("Product(s)") between Drainvac International 2006 Inc. doing business as "Drainvac", operator of the Website and seller of the Product(s) on one side ("Drainvac" or "we") and users of the Website or purchasers of the Product(s) ("Customer" or "you") on the other.
Please read these Terms carefully, as they are binding for your use of the Website and for any purchases of Products from it. If you do not agree to these Terms, please do not use or make any transactions on the Website.
When using the Website or making a purchase, you agree to comply with: (i) these Terms; (ii) any other policies that Drainvac may adopt from time to time regarding the Website, as well as the installation manuals and servicing of the Products; and (iii) any applicable laws or regulations linked to the installation and use of the Products or the use of the Website, including but not limited to the National Building Code and intellectual property protection laws.
These Terms are subject to change at any time by Drainvac, in which case the most recent version will automatically supersede the previous one. If we make any changes, we will take steps to notify you, either by posting them on the Website or otherwise. Your use of the Website after any such change constitutes your acceptance of the Terms as revised. If a Customer fails or refuses to accept the current Terms at the express request of Drainvac, his or her access to the features offered by the Website, including the ability to purchase Products, may be suspended.
The Website is intended only for persons of legal age and with the capacity to contract. Any use of the Website and creation of an account by a minor is strictly prohibited. By using the Website or purchasing Products from it, you are stating and guaranteeing that you are of legal age in your place of residence.
You may create an account to facilitate the purchase of Products or proceed as a guest. If you do so, you are responsible for maintaining the security of your password and for all activities that occur under your account, whether or not you have authorized such activities. If you become aware of or reasonably suspect any intrusion, including any theft, loss or unauthorized disclosure or use of your password or identity, you must immediately notify us by contacting us as provided herein.
Purchases and returns of products
Receipt of an order by Drainvac does not constitute automatic acceptance. All orders are subject to confirmation by a Drainvac representative, who reserves the discretion to cancel or refuse any order within five (5) business days. In the event of an error in the entry of customer identification information or the price of the Product, inability to deliver, or any other reason, we will contact you to notify you and issue a full refund of the money that may have been collected at the time of the order. The time required to process a refund varies depending on the Customer's financial institution.
Once confirmed, an order can only be changed or cancelled by the Customer if the Products have not yet been shipped. Otherwise, Drainvac's Returns and Refunds Policy covering all purchases of Products will apply, which is an integral part of these Terms and Conditions and can be viewed at the following link: https://www.drainvac.com/ca/en...The original invoice for the Product will be required for any return or refund.
Availability of Products
Some Products may be available in limited quantities only. If a Product is no longer in stock at the time a Customer places the order, a Drainvac representative will inform the Customer at the time the order is confirmed and any additional delivery time will be communicated to the Customer at that time. If the Customer prefers to cancel the order, Drainvac will refund in full any amount paid by the Customer.
Prices are quoted and payable in Canadian dollars. Unless otherwise indicated, they do not include applicable sales taxes or shipping charges, which, if applicable, will be calculated at the rate in effect at the time of purchase. All prices are subject to change without notice.
When you purchase a Product online, full payment of the price of the Products ordered, as well as all applicable fees and taxes, is required at the time of ordering, whether or not the Product is available in stock. In the event that a Product is not available, it will be refunded to you in the manner provided herein.
You agree to pay the full cost and charges for the products purchased. For security and fraud protection reasons, credit card purchases are accepted only if the name and shipping address match the name on the purchaser's credit card and the address on file with the card issuer. In the event that your payment cannot be validated or we have reasonable grounds to doubt the validity of the transaction, additional checks may be performed and Drainvac will have no obligation to process your order.
Delivery times generally vary between 3 and 15 business days from the time Drainvac receives the full purchase price of the Products, subject to confirmation of the order by Drainvac. The delivery date may vary depending on the place of delivery, the nature and number of Products purchased and public holidays.
Any delivery time mentioned to the Customer at the time of purchase is for guidance only, as delivery is made by a third-party service provider, Drainvac has no control over and cannot be held responsible for any delivery delays. Drainvac will use reasonable efforts to ensure that delivery times are met.
We only make the delivery when all Products in the order are ready for delivery. We do not make partial deliveries. However, if the Customer wishes to have the Products delivered in several shipments, he/she is invited to contact Drainvac in order to verify the possibility of an agreement in this sense. Additional delivery charges will be applied for each partial delivery according to the delivery charge schedule in effect at the time, which must be paid before the Products are delivered.
The products offered on the Website are available for delivery in Canada only.
Warranty and safety of the products
Products sold by Drainvac are covered by our manufacturer's warranty available on the following Website,
https://www.drainvac.com/ca/en..., which is an integral part of these Terms and Conditions. Warranty claims must be made directly to Drainvac for Products purchased through the Website, or otherwise from the retailer from whom they were purchased. Please also note that the installation, operation and maintenance instructions that accompany the Product are incorporated into these Terms as an integral part of these Terms.
The Products may present certain inherent safety hazards if installed or used improperly. It is the Customer's responsibility to read the operation and maintenance manual, the warranty text of the Products and all safety warnings, if any, and to ensure that they have understood and complied with the terms thereof, as a condition to the application of any warranty.
The intervention of professionals is required in certain cases, such as for Products requiring a water inlet, those operating on 220V, when the piping network is not already in place and in good condition, etc.
It is also the Customer's responsibility to ensure that he/she obtains the right Product.
Accuracy of information
Despite our best efforts, occasional pricing, description, specifications or images errors of Products may occur on the Website. These errors may be the result of typographical errors, errors in pricing information received from our suppliers or for any other reason. Drainvac is not responsible for these errors and reserves the right to revise and correct, if necessary, prices and other errors and to cancel any order based on erroneous information.
Limitation of liability
In general, Drainvac strives to ensure that the content of the Website is accurate, complete, current and secure. We will use reasonable efforts to ensure that any errors, inaccuracies or omissions are corrected as soon as they are detected and brought to our attention, and to take reasonable technical measures to protect the physical security and integrity of the functionality of the Website. However, Drainvac does not warrant that the information appearing on the Website is free of errors, inaccuracies or omissions. The Customer also acknowledges and accepts that the security of transmissions via the Internet cannot be guaranteed.
Your use of the Website may thus be interrupted or suspended, in whole or in part, at any time. The Website may also be unavailable from time to time for maintenance, upgrades, hardware/software failures, repairs, power outages, hacking, denial of service attacks, unexpectedly high service demands, or for any other reason. In addition, we cannot guarantee that your use of the Website will meet your expectations or be consistent with the purpose for which you use it.
The Customer expressly accepts that any use of the Web Site involves certain risks and that the services offered by the Website are provided on an "as is" basis. The Customer agrees to hold Drainvac and its affiliates, directors, officers and employees harmless from any and all damages, including loss of revenue, profits or anticipated profits, resulting from: (i) inaccuracy of information and items referred to on the Website, including an error in pricing or Product description; (ii) delay or inability to process an order; and (iii) any form of hacking, loss, theft or alteration of data, including personal information , error message or unavailability of the Website.
Customer represents that he or she is aware and acknowledges that Drainvac is the exclusive owner or licensed user of all intellectual property rights in connection with the Website and its contents, including but not limited to those related to: (a) all text, photos, videos, designs, images, data, graphics, trademarks, logos, and slogans created or used by Drainvac, whether registered or not; (b) all computer tools, equipment, and software used to enable the functionality of the Website; and (c) the graphic design, user interface, and look and feel of the Website. Customer may not modify any page or remove or alter any visible or non-visible identification, marks, notices or disclaimers, without Drainvac's prior written consent. Specifically, the Customer also agrees not to adopt or use any trademarks or other intellectual property that may be confusing with or imitative of Drainvac's intellectual property, or seek to invalidate, attack or otherwise challenge the legitimacy of Drainvac's or any third party's rights in its intellectual property. Certain text, photos, videos, designs, images, data, graphics, trademarks, logos and slogans displayed on the Website may be the property of third parties, who retain all of their intellectual property rights.
You are reminded that you are responsible for compliance with all copyright and other intellectual property laws and that any downloading and/or printing of content from the Website is permitted for strictly personal, non-commercial use only. You may not modify any page, remove or alter any visible or non-visible identification, marks, notices or disclaimers, or reproduce, reuse or redistribute the content of the Website in any form other than as permitted by these terms, without the prior written consent of Drainvac or such third party that may own the relevant rights.
Protecting your privacy
Rules of use of the website
In addition to complying with the other terms and conditions set forth herein, Drainvac strictly prohibits you from, and you represent that you will refrain from:
- attempting to use the Website in violation of these Terms or any applicable law;
- using any automated or manual process, software or other means or procedures to, among other things, access, retrieve information from, browse or scan the Website;
- harming or damaging the Website, especially by overloading, disrupting, hacking, modifying the source code or reverse engineering the Website or any associated software;
- using the Website in a manner that interferes with or disrupts its integrity or performance;
- Using the Website to knowingly post, transmit, upload, link to, send or store any illegal, hateful, abusive, defamatory, obscene, discriminatory or otherwise inappropriate content;
- using the Website to knowingly post, transmit, upload, link to, send or store any viruses, malware, worms, backdoors, trapdoors, Trojan horses, logic bombs, or similar harmful software or programs;
- engaging in any action or practice that projects a poor image of Drainvac or that disparages or devalues the brand.
- inducing or encouraging a third party to do any of the above.
We may at any time terminate any transaction relating to the purchase of Products or immediately suspend your access to our Website, in addition to all of our other remedies and additional legal penalties and consequences provided by law, if: (i) we have reason to believe that you are using the Website or purchasing Products in violation of these Terms or any applicable law; (ii) any information provided by you in any order or communication with Drainvac is found to be inaccurate, fraudulent, outdated, or incomplete; or (iii) we suspect or detect malicious software or potentially harmful activity related to your account.
You represent that you will indemnify and hold Drainvac and its agents, affiliates, subsidiaries, directors, officers, employees, contractual partners, entities and related third parties harmless from any and all claims, demands, causes of action, damages, costs, expenses, penalties, losses and liabilities, including reasonable attorneys' fees and court costs, incurred by Drainvac as a result of any claim, whether such claim is brought by you or a third party, brought against Drainvac in connection with (a) any violation of these Terms by you; (b) your use, misuse or inability to use the Website or the Product; (c) the inaccuracy of any of your statements or information provided; (d) any negligence or willful misconduct; (e) any other matter for which you are expressly liable under these Terms.
These Terms and Conditions, their interpretation, performance, application and validity are subject to the laws in force in the Province of Quebec, excluding its conflict of law rules.
In the event of any disagreement between you and Drainvac in connection with the purchase of a Product or the application of these Terms, we invite you to first contact us in the manner provided herein. We will make every effort to reach an amicable resolution and find an appropriate solution to the situation, without prejudice to the right of either party to have recourse to the courts in the manner and at the time it deems appropriate.
If the Customer is not a consumer as laid out in the Quebec Consumer Protection Act, the Customer and Drainvac agree that any dispute between them arising out of or in connection with the purchase of a Product, the use of the Website or these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Saint-Hyacinthe, whose exclusive jurisdiction is irrevocably recognized by the parties.
All notices to be given to you by Drainvac under these Terms may be given in writing: (a) by registered mail, or email to the postal or email address you provided when you contacted us or placed an order.
You must provide any notice to Drainvac in writing by registered mail or recognized courier service to: (a) Drainvac's registered address listed in the "Contact Us" section below; or (b) by email to firstname.lastname@example.org with a carbon copy to email@example.com.
All notices by e-mail will be deemed to have been received immediately upon delivery if sent before 4:00 p.m. on a business day, or otherwise on the next business day. Notices sent by registered mail or courier shall be deemed to be received on the day of actual delivery.
Integrity and primacy of the agreement
These Terms constitute the entire agreement and supersede any prior agreement between you and Drainvac with respect to the subject matter hereof. These Terms shall prevail over any terms and conditions of purchase issued by Customer contained in any document, including by reference to a website or otherwise, regardless of when they are transmitted. The processing of an order by Customer does not constitute acceptance of its terms of purchase and shall not be construed as constituting a modification of these Terms.
Independence of provisions
Any declaration by a court that any provision hereof is void or unenforceable shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.
Any failure by Drainvac to insist upon or enforce strict performance of its rights and remedies under these Terms shall not constitute a final waiver by Drainvac of any of its rights and remedies in the future. Accordingly, Drainvac shall not be precluded from exercising in the future, in whole or in part, any right, remedy or privilege that it has not previously exercised.
You agree that these Terms have the same effect and value as if they had been personally signed by you. A printed version of these Terms or any notice sent by e-mail will be admissible in a dispute, as will any other business document or record generally kept in paper form.
If you have any questions regarding the purchase of a Product or these Terms, or if you wish to send a written request to our team, please contact us as follows:
Toll-free: 1 800 408-1448
Address: 150 Brunet Street, Mont-Saint-Hilaire, Quebec, J3H 0M6, Canada