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Terms & Conditions

Purchase Terms and Conditions
(Consumable Products)


GENERAL PROVISIONS

These purchase terms and conditions (the “Purchase Terms”) apply to any purchase of optical consumable products (the “Products”) made through “www.meyestore.ca” (the “Website”).


For the purposes of these Purchase Terms: 


  • "include" and "including" means "including without limitation" and is not to be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it;

  • we”, “us” or “our” means Essilor Instruments, a division of Essilor Group Canada Inc.;

  • you” or “your” means the company or other legal person, including its employees and authorized representatives, using the Website or purchasing Products.

By purchasing Products, you are indicating your acknowledgment and acceptance of these Purchase Terms and the terms and conditions of use of the Website (the “Legal Notice”) . Please read these Purchase Terms and the Terms and Conditions carefully. 


IF YOU DO NOT AGREE TO THESE PURCHASE TERMS OR THE TERMS AND CONDITIONS, YOU CANNOT PURCHASE PRODUCTS OR USE THE WEBSITE.


We may revise these Purchase Terms at any time and for any reason by updating this page. These Purchase Terms were last updated and are effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Purchase Terms because they are binding on you and your continued use of the Website signifies your acceptance of these revised Purchase Terms. 


  1. ORDERS

      1. All orders for Products made using this Website (the “Orders”) and accepted by us are subject to these Purchase Terms which shall supersede and exclude any other terms and conditions, and all Orders shall be deemed to be made subject to these Purchase Terms.

      2. No Order placed shall be deemed to be accepted by us until we issue an invoice for the Products, or (if earlier) we deliver the Products to you.

      3. No Order shall be accepted or processed if your corporate account is in arrears. 

      4. We shall not be liable for any damage you may incur due to an interruption of service.

  2. PRICE AND PAYMENT

      1. The price payable for each Product will be the total price indicated on the invoice issued by us. The total price of each invoice, as the case may be, will be added to your monthly statement of account and shall be payable in full, without deduction or set off, on the 15th of the month following the issuance of said invoice. Late-payment fees of 1.5% per month (18% per annum) for any unpaid statement of account shall be charged 15 days after the due date.

      2. No payment shall be deemed to have been received for a statement of account until we have cleared the funds.

      3. Time for payment shall be of the essence.

  3. PRODUCT DELIVERY AND AVAILABILITY

      1. The Products will be delivered to the address specified in your corporate account. Delivery can only be to a valid address in Canada.

      2. After acceptance of your Order, we will make the delivery of the selected Product(s) depending on availability. We do not guarantee the availability of Products ordered. If we cannot deliver one or more of the Products you ordered because it is out of stock, we will notify you of the back order. Once the item is received in stock, we will issue an invoice and ship the Product. To cancel the back ordered Product you will need to contact our order desk at orders@meyestore.ca. We shall not be liable for any damage that you may incur due to the unavailability of or delay in delivering ordered Products.

      3. The time of delivery may vary according to the destination of the package and availability. Delivery time is estimated from the time the Products leave our place of business. Late delivery shall not be a ground for cancellation or refusal to take delivery of the Products. 

      4. You will assume and shall bear the risk of loss or damage with regard to the Products as of their delivery to you. As of that time, you shall bear all risks and we shall not be responsible for their loss or destruction. The loss or destruction of the Products following delivery to you shall not operate in any manner to release you from payment of any amount due hereunder.

      5. The delivery of Products shall be subject to the rules of the delivery companies with which we do business, which, at the moment, are Information Communication Services (ICS) Inc. and Purolator Inc., as well as the rules of any other company with which we may do business from time to time. Please read the terms and conditions applicable to product delivery by the carriers before each Order at the following address, as the case may be: www.icscourier.ca/terms--conditions.aspx or http://www.purolator.com/assets/pdf/legal/terms_conditions2_en.pdf. In particular, you will be subject to the rules concerning the signing of a receipt for the Products. If you are absent from the delivery address when a delivery attempt is made, you will be responsible for claiming the Products according to the rules of the delivery company.

      6. No delivery shall be made to a post office box. 

      7. Please note that your Order may be shipped in several parts.

      8. We shall not be liable for any delay in delivery or non-delivery of the Product caused by any circumstances beyond our control or that of the delivery company or due to “force majeure”, including without limitation any act of god, explosion, fire, flood, war, hostilities, accident, delay in the delivery, or non-delivery by our suppliers, breakdowns or accidents to machinery, labour strike or dispute, order of decree of any court, or action of any governmental authority and, on the occurrence of any of the above events, we reserve the right to cancel or suspend, the whole or part, of any delivery.

  4. PRODUCT RETURNS

      1. Returns of Products shall be authorized in writing and in advance by one of our representatives. Requests for reimbursement must be accompanied by a copy of the invoice. Once the return is approved, a restocking fee of 20% of the sale price of the returned Product (excluding shipping and handling and sales taxes) shall be charged to your corporate account.

      2. You shall be responsible for delivery charges and risks for returned Products unless we have not delivered the Products you ordered or have delivered defective or damaged Products, provided such damage did not occur after transportation, in which case we shall bear the cost of return transportation and the risks related thereto, provided you return the Products using a transportation company which offers a guarantee against loss and damage.

      3. For the purpose of sections 4.1.1 and 4.1.2, Products returned for credit shall be in their original state and packaging. Products may not be returned if they were damaged after delivery.

      4. Upon receipt of the returned Products, a credit equal to the price of the returned Product (excluding shipping and handling and applicable sales taxes) shall be issued to your corporate account. The credit issued has no cash value and shall not be refundable. It may only be used towards the purchase of other Products or other product offered by us.

  5. LIMITATION OF LIABILITY

      1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY, OR LOSS OF CONFIDENTIALITY WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION, AND WHETHER ATTRIBUTABLE TO OUR NEGLIGENCE.  NOTWITHSTANDING THE FOREGOING AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, WE AND OUR SUPPLIERS’ ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. THESE EXCLUSIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

      2. You are responsible for determining the suitability of the Products for their intended use and you shall not rely upon any oral or written representations made by or on behalf of us in that respect.

  6. DISCLAIMER OF WARRANTY

You specifically acknowledge that there are no promises, inducements, representations, collateral warranties, warranties, conditions, options or terms, oral or written, express or implied, or otherwise, made by or on behalf of us with respect to the Product. 

  1. APPLICABLE LAW AND DISPUTE RESOLUTION

These Purchase Terms shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the district of Montreal, Province of Quebec and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. 

  1. GENERAL INFORMATION

        1. These Purchase Terms constitute the entire agreement between us (you and us) and govern the purchase of Products. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If any provision of the Purchase Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intention as reflected in the provision and the other provisions of the Purchase Terms remain in full force and effect.

        2. No waiver of any provision of these Purchase Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. 

        3. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Purchase Terms or any use of the Website. 

        4. You may not assign any right, interest, or benefit provided under these Purchase Terms or through the Website without our express prior written consent.

  2. CONTACTING US

For all question or claim, you can contact our customer service department at: 

Tel: 1-888-337-1429 (option 1)

e-mail: orders@meyestore.ca 

  1. UPDATED

January 1, 2019