Terms of Use and Sale Agreement

Welcome to our Web Site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “TheMercantile.biz” or “us” or “we” or “our” refers to The Mercantile, the owner of the Web Site. The term “you” refers to the user of our Web Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use and Sale Agreement ("Agreement") with respect to our Web Site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright

The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Limited License, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.

Service Marks

"TheMercantile.biz" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited License

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Limited License), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism....

Privacy Policy

We respect your right to privacy and will protect it when you visit our Site. TheMercantile.biz collects no personal information about you when you visit our Site unless you specifically and knowingly choose to provide such information to us. If you choose to provide information to us, we use it only to fulfill your request for information or services.

Terms of Sale

The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order. The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).

Return Policy

If product arrives with damage that is visible or likely to have affected the contents of the boxes, the preferred method of handling it is to refuse delivery of the shipment due to damage by the carrier and notify us. The carrier will be responsible for returning it to us. You must note the reason for refusal on the carrier’s ‘attempted delivery’ record. If the damaged shipment is accepted, you must note all known and visible damage on the carrier’s ‘delivery record’ in order for us to file a damage claim. You must save the product and all packing it arrived in and notify us immediately so a carrier inspection and pickup can be arranged. All requests for a Product return for any reason must be made within thirty (30) days of the delivery date. Products returned by you because of a defect will be refunded in full (not including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if we and you agree, we may supply you with a replacement or substitute Product. If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within thirty (30) days of the day we received your notice of cancellation.

Liability

Our liability in connection with any Product purchased through our Site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (a) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; (b) and we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.

Governing Law

This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein and shall benefit the parties and their successors. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.