Terms & Conditions of Use
ACCEPTANCE OF TERMS & CONDITIONS
IT IS YOUR RESPONSIBILITY TO READ THESE TERMS & CONDTIONS OF USE CAREFULLY.
This agreement represents the Terms & Conditions of Use by which clearancedepot.ca and all its owners, employees, agents and contractors (collectively referred to as “Clearance Depot”) require users to agree with. By accessing the website, you, your employees, agents, and contractors or any other party you may represent (referred to throughout these terms as “You” or “User” or “Users”) hereby enter this agreement with full acknowledgement and compliance. You, the User, certify to Clearance Depot and all its owners, employees, agents and contractors to be of legal age in your jurisdiction of residence to form a binding contract (referred to as “Auctions”). You hereby provide full acknowledgement of these Terms & Conditions of Use (or Terms) and certify to Clearance Depot and all its owners, employees, agents and contractors to have read, understood, and accept these Terms & Conditions of Use.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS OF USE, YOU ARE REQUIRED TO STOP USING THIS WEBSITE.
Clearance Depot reserves the right to modify these Terms from time to time without prior notice to You. These Terms were last updated on October 19, 2018.
If you have any questions or concerns regarding our Terms & Conditions of Use, please contact us by phone at 647-527-0550, or by email at firstname.lastname@example.org. You may also contact us using regular mail by sending your inquiry to:
81 Torbarrie Road
Toronto, ON, M3L 1G5
By registering on clearancedepot.ca, a division of 10256170 Canada Inc You agree to the following Terms:
In addition to the above Terms, Clearance Depot requires all Users provide a valid method of payment during registration. Failure to provide a valid method of payment during registration will prevent Users from engaging in Auctions. Unregistered Website Users or Users without a valid method of payment may continue to browse the Website, in accordance and compliance to the rest of our Terms.
GENERAL USER CONDUCT
Users of the Website are expected to act in accordance to the following General User Conduct rules:
The information provided on the Website may be subject to copyright, trademark, patent and/or other intellectual property laws. These laws are protected by international agreements and any unauthorized use may be in violation of them.
LINKS TO THIRD PARTY WEBSITES
Clearance Depot may provide links to Third-Party Websites (or “Third-Party Services“to facilitate the gathering of general information and enhance the User’s experience. Links to these Third-Party Websites and Services or any reference made by Clearance Depot do not constitute an endorsement, guarantee or affiliation of any kind. Clearance Depot does not provide any guarantee of the accuracy of information provided by Third-Party Websites and Services. You hereby acknowledge to these Terms and agree that Clearance Depot is not responsible for any damages or losses caused or alleged to have been caused by any Third Party or the use of any Third-Party Websites and Services including any products and/or information presented.
By placing a bid, you are entering a contract with us, Clearance Depot (or the “Seller”) and that contract is legally binding in Canada. Once a bid is submitted to the bidding system, it cannot be withdrawn. B
Upon completion of an Auction, Clearance Depot will automatically charge the winning user's credit card on file through Stripe.com. If “Local Pick-up” option is chosen, Buyer is required to pick up the item from our premises within the given time frame as specified in the Item Removal Period. Any item not paid & removed by the deadline date (stated on the item’s page), will be subject to a 15% restocking fee, or shipped to the users address on file and charge the user's card on file for the shipping costs.
The auction period is to be determined by Clearance Depot and is subject to any extension without prior notice to Users.
Clearance Depot reserves the right to withdraw, remove and/or temporarily an Auction from the Website at any given time without any prior notice.
The winning bid is to be determined by the bidding system and is to be confirmed at the sole discretion of Clearance Depot. Clearance Depot is not to be liable for any errors and/or omissions relating to such determination.
Items become eligible for removal from the Seller’s premises only after full payment (including taxes) has been received. Items are to be removed by the Buyer prior to expiry of removal period.
Buyers are responsible for the safe removal and transportation of bought items or won auction unless otherwise stated.
Clearance Depot reserves the right to reject and/or void any bids from the bidding system that are suspected of not being made in good faith, or with intend to manipulate the bidding process.
A reserve price is the minimum price a seller is willing to accept from a buyer. In an auction, the seller is not required to disclose the reserve price to potential buyers. If the reserve price is not met, the seller is not required to sell the item, even to the highest bidder.
LOCAL PICK-UP OPTION
As previously stated, Clearance Depot allows Buyers to pick up they have won or “Buy it Now” items. Proof of government-issued ID matching the User’s name and address is required. No Items shall be released to any third-party, unless a signed written statement (subject to further verification) is provided to Clearance Depot. No item shall be removed from our premises without confirmation of full payment in the total amount for which it sold for.
AUCTION & “BUY IT NOW” ITEMS’ PHYSICAL CONDITION
“Buy it Now” items are subject to the same Terms as Auctioned when applicable. These items may have different types of classification for their condition, including but not limited to the following:
NEW SEALED: An item with sealed packaging from the manufacturer.
NEW OPEN BOX: An item in like-new condition that has been previously opened for inspection.
REFURBISHED: An item that has been reconditioned by an authorized dealer.
USED: An item which displays signs of wear and usage.
Clearance Depot accepts all major credit cards and debit cards as valid method of payment. Clearance Depot accepts credit cards and PayPal as method of payments online. When Stripe is chosen as method of payment, Clearance Depot will automatically charge the user's card on file. When PayPal is chosen as method of payment, user's are responsible and required to checkout with PayPal after confirming their purchase. However, Buyers may opt to pay for an item in-store, where cash, debit and credit cards are accepted as valid method of payment. All payment transactions are processed and handled by Stripe.com (or Payment Processing Agent) through a Secure Sockets Layer (SSL) web connection.
Clearance Depot only ships to Canada. All items eligible for shipping are shipped through UPS within 1-3 business days, shipping rates are calculated based on number of items and location. More information on Shipping will be provided as we continue to enhance our Website.
DISCLAIMERS, INDEMNITY, LIMITATIONS OF LIABILITY
The information provided on this Website is not to be relied upon by, or to create any warranty to the User and/or Buyer. Information provided to facilitate the shopping experience of the User, including but not limited to prices, descriptions, “Retail Price” are to be considered as general reference and may not always be accurate or up-to-date. Furthermore, access to the Website is provided on an “AS IS” basis and therefore Clearance Depot cannot guarantee or assume responsibilities for loss or damage arising from Users accessing the Website.
You, the User, agree to indemnify and hold harmless Clearance Depot and all of its owners, employees, agents and contractors from any claims, demands and damages, actual and consequential of every kind of nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extend arising out of or in any way connected with any breach or violation by You, the User, of these Terms, any use by You, the User, of the Website or any disputes or damages arising out of Your use of or contracts created by accessing and using this Website.
LIMITATIONS OF LIABILITY
Clearance Depot shall not be held liable in any way or form for losses and damages arising from the use, improper use, or malfunction of any items won or bought by the User, or any person that may come in close contact and/or interaction with said items. It is the Buyer’s responsibility to operate an item in accordance to the manufacturer’s guidelines and in compliance with local laws and regulations.
In addition, Clearance Depot shall not be held liable for any item mistakenly listed at an incorrect price, or for any information in an item’s description page that does may not necessarily be accurate.
Clearance Depot is under no obligation to verify the identity of anybody accessing this Website using the User Information. It is the User’s responsibility to ensure that all User Information is always kept private and secure.
CLEARANCE DEPOT AND ALL OF ITS OWNERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARRISING FROM, PRODUCTS OR INFORMATION CONNECTED WITH, OR RELATING TO THE WEBSITE OR OUR TERMS & CONDITIONS OF USE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, PRODUCTION, REPUTATION, ECONOMIC LOSS UNDER ANY THEORY OF LIABILITY REGARDLESS OF ANY NEGLEGENCE OR OTHER FAULT OR WRONGDOING BY CLEARANCE DEPOT AND ALL OF ITS OWNERS, EMPLOYESS, AGENTS, AND CONTRACTORS.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN CERTAIN JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
Clearance Depot provides a 7-day warranty (also referred to as “Return Period”) ONLY IF item is defective. If an item is confirmed defective, you will be given a replacement if available before you are issued a refund. Products returned for warranty needs to be verified for functionality failure before exchange or refund is issued. Some items may require few hours to complete the testing to verify the failure. An item is considered “defective” ONLY when it fails to function as the original manufacturer intended for it to do so. Please note if a product contains activation code that has been activated by the buyer, the buyer will only receive replacement unit, if the product is faulty. Buyer is required to promptly notify Clearance Depot of any defects or malfunctions, and to bring the item into the store for inspection BEFORE THE RETURN PERIOD EXPIRES.
Please note that any item sold “AS IS” is excluded from any type of warranty or Return Period. For “Open Box”, “Like New”, “Used” or “Refurbished” item’s condition in description, any cosmetic defect they may have that does not affect its functionality and that has been clearly mentioned on the item’s page DOES NOT QUALIFY for our 7-day warranty. It is the buyer’s responsibility to read, understand, and agree to an item’s condition, found on its description page, prior to buying as stated in our Terms & Conditions of Use.
Clearance Depot does not have any affiliations with items’ manufacturers and therefore cannot provide any guarantees of any existing or remaining “Manufacturer Warranty Period”.
Our 7-day warranty is solely provided by Clearance Depot at our own discretion and is subject to the above conditions, and/or any future conditions put in place. By accessing, registering, and/or buying from our website you agree to all these conditions, in addition to our Terms & Conditions of Use.