Introduction
Your use of E MART online store website at www.shopatemart.com is subject to the terms of these Terms of Use, the Privacy Policy, the Disclaimer and any other relevant terms and conditions, policies, and notices which apply to the website or a specific section or module of the website. Please read these Terms of Use carefully before using the website.
Order Acceptance Policy
Receipt of order confirmation sent to you does not signify our acceptance of the order nor does it constitute confirmation of an offer to sell. E MART reserves the right to accept or decline your order for any reason at anytime after receiving your order. Only based on shipping confirmation will our acceptance of your order be confirmed. All orders must be pre-approved with an acceptable method of payment before shipment occurs. We may need additional information for verification purposes before we accept any order.
Please note that E MART reserves the right to cancel any order due to no stock or information errors.
Stock Availability
Online stock reflects our local inventory. If you place an order for an item that is not in stock at warehouse, please expect a delay until new stock is in. If you are unsure about the availability of an item, please contact us. Note: Due to stock variances and unforeseeable errors, stock levels may be inaccurate. As a result, some low stock items may not be accurately displayed.
Please contact us regarding ETA on special-order items before placing your order. If there will be a significant delay shipping your order, we will contact you.
Prices
Prices shown on our store website at www.shopatemart.com are in US/CAD dollars (per selection, default currency is US$) and do not include the applicable taxes unless otherwise noted. The prices do not include shipping and handling nor any other services such as insurance. Price charged for orders will be the price at the time of the order.
E MART does not offer any form of price protection on items sold. Any refund amount is based on the lesser of the current price of the item or the price for which it was purchased.
Payment
Orders will only be processed based on confirmation of full payment receipt for the total order amount. E MART accepts Debit (bank deposit) and Credit Card payments (VISA, MASTER CARD, AMERICAN EXPRESS) to pay for your order(s) at our store website. Payments are safely and securely processed directly by respective payment providers using highest SSL technology. E MART DOES NOT HANDLE YOUR PAYMENT(S) AND WE DO NOT HOLD OR RETAIN YOUR BANK ACCOUNT / CREDIT CARD DETAILS / FINANCIAL INFORMATION.
Typographical Errors
E MART reserves the right in the event of any item listed at an incorrect price or with incorrect information due to a typographical error or an error on information received from our suppliers to decline and/or cancel any orders for the incorrectly listed item. We may cancel at our discretion orders which may or may not have been confirmed including orders which may have been paid for or charged to your credit card or withdrawn from your bank account. In the event a charge has been made, E MART will issue refund to your card / bank account depending on the payment method used.
Electronic Recycling / Environmental Fees (For Canadian Customers Only)
For British Columbia, Nova Scotia, and Ontario Canada Customers:
New Electronic Waste Handling Fee will be charged on purchases of information technology equipment(s) (designated as an obligated material by province of British Columbia, Nova Scotia, Ontario) sold by E MART in the province of British Columbia, Nova Scotia, Ontario. For more information please check following links on respective Provincial Environmental Fees details:
Such fees only apply to the products purchased within the province of British Columbia, Nova Scotia, Ontario. These fees are in additions to the costs of products, and will be reflected on your invoice.
Restrictions on Use
Prohibited Acts. Concerning your use of the store website, you agree not to knowingly:
(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Web site;
(b) post or transmit to the website any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;
(c) post or send to the website any information that contains a virus, bug, or other harmful item;
(d publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the content (other than as expressly permitted herein);
(e) post or transmit into or on the Web site any information in violation of another party's copyright or intellectual property rights;
(f) take any action which imposes an unreasonable or disproportionately large load on website infrastructure;
(g redeliver any of the content using framing, hyperlinks, or other technology without express written permission; or,
(h)use any device or technology to provide repeated automated attempts to access password-protected portions of the store website.
Right to regulate. You acknowledge that E MART has the right, but no obligation, to monitor the store website and to disclose any information necessary to operate the website, to protect E MART, third parties, E MART customers, and to comply with legal obligations or governmental requests. E MART reserves the right to refuse to post or to remove any information on the website, in whole or in part, for any reason. E MART reserves the right to change the store website at any time at its sole discretion without notice to users. E MART may deny access to the store website to anyone at any time for any reason whatsoever.
Compliance with law. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your website use. You may not use the website and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with E MART or (b) you are a person barred from using the website under the laws of Canada or other countries including the country in which you are resident or from which you use the website.
Your WebSite Use Activities
Password-protected areas. If you are allowed access to password-protected areas of the store website, you agree to keep your password confidential and to send notice to E MART within 24 hours if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to E MART necessarily is routed via third party computers to E MART and that E MART is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
Revisions
E MART reserves the right in its sole discretion to revise these Terms of Use for its Web site at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Use.
Copyrights and Restrictions
All material on the store website, including, but not limited to images, illustrations, etc; is protected by copyrights which are owned and controlled by E MART or by other parties that have licensed their material to E MART. Material from the store website or from any other website owned, operated, licensed or controlled by E MART may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited. You are free to view, copy, print, and distribute the materials on the Web site as long as the material is used for information only, the material is used for non-commercial purposes only, and copies of any material include E MART copyright notice.
Trademark
E MART logos are registered trademarks and/or service marks of E MART . You may not use these or any other of E MART trademarks or service marks without the written permission of E MART.
Disclaimer
Warranties
Other than as required under applicable consumer protection law, under no circumstance will E MART be liable for any loss or damage caused by a user's reliance on information obtained through the website or a linked website, or user's reliance on any product or service obtained from a linked website. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Web site, or obtained from a linked website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. E MART does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials / products on the Web site or otherwise relating to such materials / products or on any web sites linked to this Web site. E MART does not warrant that the functions contained in the materials / or anywhere on the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.
Limitation of Liability For Use of the Store website and Linked Websites
The information, software, products and prices, and descriptions of services published on the website or a linked website may include inaccuracies or typographical errors, and E MART specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Web site and linked web sites. E MART may make improvements or changes to the website at any time. You agree that E MART, its affiliates, or any of their parties will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the store website or a linked website, or with the delay or inability to use the store website or a linked website, even if E MART is made aware of the possibility of such damages. this limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. E MART cannot and does not guarantee continuous, uninterrupted or secure access to the store website.
The maximum liability to you on products purchased from E MART shall be limited to the purchase price of the products you paid. Some of these limitations may not apply in some jurisdictions and those damages limitations not allowed under by exclusion or restriction under law may not apply to you.
Links to Third Party Websites
This website contains linked websites. E MART has not investigated, monitored or reviewed these links and is not responsible for the content, accuracy, or opinions expressed in these linked Websites. The inclusion of any link does not imply approval or endorsement by E MART of the linked websites. If you decide to leave our site and access these third party sites, you do so at your own risk.
Governing Law
These Terms of Use shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of Ontario (ON), Canada and the laws of Canada applicable in Ontario. Each of the parties irrevocably submits to the nonexclusive jurisdiction of the courts of Ontario. No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from an Ontario court respecting these Terms of Use. Any action you, any third party or E MART bring to enforce these Terms of Use or, in connection with, any matters related to this web site shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.
Entire Agreement
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, executed by E MART.
Severability
If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of these Terms of Use shall continue in full force and effect.
Accepting these Terms of Use
By using the store website, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use the website. E MART reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.