Terms and Conditions

General Terms Of Use

By accessing www.mainandmerseyhomestore.ca (the “Site”) and/or ordering goods from Main & Mersey Home Store (the “Goods”), you agree to be bound by the terms and conditions contained in these Terms of Use:

1. Placing Orders.

1.1 You may place orders for Goods (each, an “Order”) via the internet through the Site or by contacting Main & Mersey Home Store (“Main & Mersey”) directly via telephone.

1.2 A contract between you and Main & Mersey for the sale of the Goods will only exist once your Order has been accepted by Main & Mersey, processed and dispatched (at which point the your credit/debit card will be charged for the value of the Goods dispatched). 

1.3 You may normally cancel your Order for any reason up to the point of dispatch. If you do cancel your Order within this time and Main & Mersey has received your cancellation prior to the point of dispatch, then any payments made by you for such Goods will be refunded to you in full within 30 days. After the Order has been dispatched by étoile, you may not vary or withdraw or cancel any Orders.

1.4 The information and materials on the Site (including any prices, pictures, and specifications) are provided for informational purposes only and are not offers, representations, warranties or conditions. They are subject to change without notice.

1.5 Main & Mersey endeavours to display Goods on the Site that are in stock. However, occasionally a Good may be out of stock. If this is the case, Main & Mersey will promptly notify you, and you will be entitled to a refund of the fees you paid Main & Mersey for such out-of-stock Goods.

2. Price.

2.1 All prices on the Site are in Canadian Dollars. All prices exclude all taxes, duties, levies, customs fees, shipping, packaging, insurance and transport and any other related fees. 

2.2 If prices for the Goods change, Main & Mersey reserves the right to increase the prices for the Goods by giving notice to you of any such increase before dispatch of the Goods to you.

3. Payment. All fees for the Goods are due up front. Valid credit card or debit card payments are the only acceptable methods of payment. We use PayPal and Square Up for all credit card and debit card payments.

4. Delivery. The Goods will be delivered to the shipping address specified by you. No specific delivery date is agreed between the parties, the time of the delivery is not of the essence, and deliveries will be made in the manner determined by Main & Mersey, in Main & Mersey's sole discretion. Main & Mersey will aim to dispatch all Goods that are in stock within 2 working days following the date your payment is accepted, however Main & Mersey cannot guarantee any delivery times.

5. Risk and Property. The risk of damage to or loss of the Goods shall pass to you on the earlier of (i) actual delivery to you; or (ii) the first the time when Main & Mersey tenders delivery of the Goods to you.

6. Returns/Defective Goods.

6.1 You will be entitled to return Goods that are, in a material respect, actually damaged or defective, and that are returned to étoile unused, unwashed, and unsoiled (“Defective Goods”), and you will be entitled to a refund for such Defective Goods.

6.2 To return Defective Goods to Main & Mersey, please: * complete the reverse side of the invoice (which comes with your Order) and indicate the reason for the return; and * place the Defective Goods in the original packaging, safely and securely pack the Goods in appropriate shipment packaging, attach the invoice, and send it back to: Main & Mersey Home Store, PO Box 2007, Liverpool, Nova Scotia, Canada  B0T1K0. When returning Defective Goods you are strongly recommended to obtain proof of posting. Main & Mersey will not accept responsibility and will not provide a refund for parcels lost in transit.

7. Disclaimers and Limitation of Liability.

7.1 Main & Mersey does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its agents, suppliers, directors or employees or for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.

7.2 To the fullest extent permitted by law and save as provided above, Main & Mersey shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of the Site, the supply of the Goods, or their use or resale by you.

7.3 To the fullest extent permitted by law and save as provided above, Main & Mersey's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms of Use shall be limited to the price of the affected Goods ordered by you.

8. General.

8.1 These Terms of Use constitute the entire agreement between the parties with respect to the Goods and supersede all prior or contemporaneous communications or representations relating hereto whether written or oral.

8.2 All communications between the parties about these Terms of Use shall be in writing and delivered by hand or sent by pre-paid first class post or a recognized overnight courier.

8.3 Main & Mersey will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods ordered by you if the delay or failure was due to any “Acts of God” or any other cause beyond its reasonable control.

8.4 No waiver by Main & Mersey of any breach of these Terms of Use by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.5 If any provision of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Use and the remainder of the provision in question shall not be affected thereby.

8.6 A person who is not a party to these Terms of Use shall have no rights under these Terms of Use pursuant to the Contracts (Rights of Third Parties) Act 1999.

8.7 These Terms of Use shall be governed by the laws of Canada and the parties agree to submit to the exclusive jurisdiction of the Canadian courts. Nothing in these Terms of Use affects your non-excludable statutory rights.

8.8 Main & Mersey may assign or subcontracts its obligations under these Terms of Use in whole or in part to any person, firm or company.

9. Site Usage.

9.1 Subject to the terms and conditions, Main & Mersey grants you a limited non-exclusive licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Main & Mersey. You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. Neither the Site nor any content on the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

9.2 Main & Mersey does not guarantee that your use of the Site will be interruption or error free and is not responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

10. Links to Third Party Sites. Any links on the Site may let you leave the Site. The linked sites are not under the control of Main & Mersey and Main & Mersey is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

11. Copyrights and Trademarks. ©2017 étoile home ltd. and @2017Main&Mersey All Rights Reserved. Designs may be subject to copyright. All trademarks are owned by Main & Mersey Home Store and étoile home ltd.

Privacy Policy

Main & Mersey takes privacy seriously and we are committed to maintaining the trust and confidence of our clients and visitors to our web site. In this Privacy Policy, we provide detailed information on how and why we collect personal information, how we use it, the limited conditions under which we may disclose it to others. We reserve the right to amend this Privacy Policy at any time. If we do, we will post notice of the change on our website and you will be deemed to have accepted such changes.

What personal information do we collect?

Personal information means any information that may be used to identify you, such as your name, telephone number, email address, and mailing address. We collect only that personal information that you submit to us. How do we use your personal information? We collect and use the personal data that you provide to us to process your orders and to fulfill your requests. We may pass your personal data to third parties in order to process you orders and fulfill your requests (such as Canada Post, etc.). We also use your personal information for administration purposes and to comply with the law. We may need to share your personal information with our suppliers, vendors, agents, and government agencies, as applicable, for these purposes. We will not provide or sell your personal data to other companies for marketing purposes.

Your consent

By providing us with your personal information, you consent to the collection and use of such information in accordance with this Privacy Policy.

How do we protect personal information?

We take reasonable measures to keep personal information submitted to us secure, accurate, and up-to-date. Changes If your personal details change, please help us to keep your information accurate and up-to-date by promptly notifying us.

What are “cookies” and how are they used?

A cookie is a small text file containing information that a web site transfers to your computer's hard disk for record-keeping purposes. A cookie does not give us access to your computer or to information beyond what you provide to us. Most web browsers automatically accept cookies. Consult your browser's manual or online help if you want information on restricting or disabling the browser's handling of cookies. If you disable cookies, you can still view the publicly available information on our web site.

Children and Privacy

Our web site does not offer information intended to attract children. Main & Mersey does not knowingly solicit personal information from children under the age of 13.

Right of access

You have the right to ask for a copy of the personal information we hold about you, for which we may charge a small administration fee in compliance with the laws. 

Links to Other Web Sites

Our web site may contain links to information on other web sites. We do not have any control over these other web sites, and therefore we cannot be responsible for the protection and privacy of any information that you provide while visiting those sites. Those sites are not governed by this Privacy Policy. If you have questions about how those sites use your information, you should consult that those sites’ privacy policies.

Unsubscribing

If you would like to unsubscribe from any of our mailing lists or newsletters, please send an email to info@etoile-home.com or write to us at: Main & Mersey Home Store, PO Box 2007, Liverpool, Nova Scotia, Canada, B0T1K0

Questions

If you have any questions or concerns about our collection, use or disclosure of your personal information, please email us at: info@etoile-home.com. For more information about our web site or your visit, please email us at info@etoile-home.com This document was last updated 4 December 2017.