This Web Site is intended only for consumers wishing to order Philips Canada products (“Products”) online for delivery to addresses in Canada. Philips Canada does not accept orders for delivery outside of Canada and does not deliver to P.O. boxes. The Terms and Conditions under which the Products are offered for sale on this Web Site are set out below.

 

By ticking the “I have read and agree” box on the order form and submitting the order, you accept and agree to be bound by these Terms and Conditions whether or not you have read them. Philips Canada reserves the right to change these Terms and Conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised Terms and Conditions on this Web Site.

 

2.1. To place an order you must be 18 years of age or over, be accessible by telephone and have a valid e-mail address.

 

2.2. You may place an order by:

 

2.2.1. Filling in the order form on the Web Site after logging into or creating your personal account and clicking on the appropriate submission button. You are responsible for the security of your account and password. Philips Canada will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.

 

Philips Canada will not accept orders placed in any way other than listed above.

 

2.3. When you place your order, Philips Canada will issue you with an Order Number via the Web Site. Please note the Order Number is supplied for reference purposes only and does not constitute our acceptance of your order. All advertisements on the Web Site are invitations to purchase and not offers to sell. The purchase of products on the Web Site is subject to availability. In the event that Philips Canada advises you that such products are no longer available, Philips Canada will have no obligation to fulfill your order and you will have no obligation to pay Philips Canada for the order.

 

2.4. By placing an order, you make an offer to us to purchase the Products you have selected on these Terms and Conditions. Philips Canada may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after submission except in Philips Canada’s sole discretion. Orders that have shipped cannot be cancelled.  The foregoing is subject to applicable laws.

 

2.5. If Philips Canada accepts your order, Philips Canada will notify you of our acceptance by issuing an order confirmation. Philips Canada will send your order confirmation to you by e-mail and this will be effective as of the date on which the order confirmation is sent to you. If Philips Canada cannot accept your order, Philips Canada will attempt to contact you by telephone.

 

2.6. Please note that the on-screen display of the colors, designs, products may differ from the actual appearance or size of products offered on the Web Site.

 

Subject to these Terms and Conditions, Philips Canada will supply to you the Products indicated on your order confirmation.

 

 

4.1. All prices are in Canadian dollars. Prices displayed in advertisements published on this Web Site at the time you submit your order are exclusive of taxes, any applicable fees, shipping and handling costs and duties, which are for your account. These costs will be calculated separately as applicable and specified on the order form then added to the total price of the order. You agree to pay Philips Canada the amount set out as the ‘TOTAL’ on the order form you submit (the “Fee”). The Fee is quoted in Canadian dollars and includes all applicable taxes, fees, duties, and shipping and handling charges which you are responsible for paying.

 

We will charge you Environmental Handling Fees (“EHFs”) to cover the costs associated with the recycling of end-of-life electronics in accordance with provincially approved recycling programs. Charges will be based on your shipping destination. The amount of the EHF will appear in your checkout screen. For more information please consult the applicable provincially approved recycling program.

 

5.1. You may pay for your Products by the methods of payment displayed on the payment paragraph of the Web Site.

 

5.2. By placing an order, you authorize Philips Canada to charge the applicable card or PayPal account for the Fee and you represent and warrant that you are the cardholder or account holder for the applicable card or account. If your card is rejected by the card issuer or PayPal refuses to process the payment, your order will not be accepted or shipped and Philips Canada will have no obligation to fulfill your order.

 

5.4. If you are paying by credit card, then you must supply your credit card details when you place your order; and if you are paying by PayPal, then you must supply your PayPal account details when you place your order. Your card or account will be charged at the time of shipment of your Products. Philips Canada will not commence the manufacture of your Products neither will Philips Canada supply the Products to you until your credit card issuer or PayPal has authorized the use of your card or account for payment of the Products ordered. If Philips Canada does not receive such authorization Philips Canada shall inform you accordingly. Philips Canada reserves the right to verify the identity of the card or account holder by requesting appropriate documentation.

 

6.1. Orders placed on this site can only be delivered in Canada.

 

6.2. Philips Canada will deliver the Products to the delivery address you specified in the order form and in accordance with the delivery option you chose. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by Philips Canada are best estimates only and Philips Canada shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Philips Canada.

 

6.3. You may purchase Products on this site for personal use only, and you may not resell, remarket or distribute the Products to third parties. Title to and risk of loss of your Products will pass to you on delivery of the Products.

 

6.4. When Products have been delivered to the carrier Philips Canada will send you a confirmation of shipment by e-mail.

 

6.5 Philips Canada offers free shipping on eligible orders over $50.00. Free shipping eligibility requirements are as follows.

• This offer applies only to merchandise orders, and excludes taxes and other charges
• Promotional coupons and other discounts where applicable will be deducted from your item subtotal and may affect your free shipping eligibilit
• Gift cards (including electronic gift cards) will not be counted towards the free shipping offer

If you cancel part of an order, the eligibility of your remaining order may be affected

 

Orders not eligible for free shipping are subject to shipping costs which will be displayed in your order summary after you have entered your shipping address and will be included in your Fee.

 

 

Certain Canadian jurisdictions may provide you with specific cancellation rights; Philips Canada will respect all such applicable laws. Philips Canada also provides for the following cancellation rights under paragraph 7 of these Terms and Conditions.
 

7.1. You may return the Product to Philips Canada and obtain a refund of the price of the returned Product (except gift wrapping costs and any such other charges), provided you contact Philips Canada within thirty (30) calendar days of the date of delivery of the Product. Return delivery is free of charge with FedEx.
 

If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at Philips Canada’s request be returned with the product purchased. Philips Canada reserves the right to raise an invoice in respect of any free or discounted bundle product not so returned.
 

Please note that you may not return a Product and claim a refund if the Product concerned is:
 

• software which Philips Canada supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the Web Site; or
• A personalized and/or customized product made in accordance with your specifications.

 

7.1.1.  Please refer to our DIY returns page HERE to initiate all returns.

 

7.1.2. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s), to Philips Canada for a refund provided:
  

• The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and
• The Product(s) are returned in accordance with paragraph 7.2 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure
   

7.1.3. In the case of a defective/faulty Product being delivered you may request a replacement of the same Product, subject to applicable Product warranty terms and provided: 

I.          You follow the DIY returns as listed HERE

 

II.         The Product(s) are returned in their original condition; and

The Product(s) are returned in accordance with paragraph 7.2 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure

 

7.2. Steps to Follow to Claim a Refund or Request a Replacement: 

(i) Please refer to our DIY returns page to claim a refund or request a replacement HERE.

(ii) Philips Canada will send you a shipping label. You must arrange to have the Product returned to Philips Canada using the shipping label provided to you. When Philips Canada receives the returned Product and verifies that it is complete, a return confirmation e-mail will be sent to you.   

(iii) Before returning any Product(s) please check that you have:
 

• Received a RMA number from Philips Canada (issued on request);
• Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;
• Used all packaging that was originally supplied;
• Clearly displayed the returns address and the RMA number;
• Sealed the packaging securely.
   

(iv) Following the steps mentioned above (DIY Returns)  will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund or exchange. 

(v) Please note that Philips Canada reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs 7.1.2, 7.1.3 and 7.2. Philips Canada reserves the right to charge for any accessories or parts missing from the Product's original shipment to the payment card you used for the order. 

 

8.1. Philips-branded Product Warranty
Philips Canada warrants the Products as set forth on the warranty card supplied with the Product and/or as may be stated on the Web Site. Specific warranties may apply to certain Products (such as customized Products) as specified on the Web Site. With respect to software, no warranty shall apply other than as expressly set forth in the applicable license agreement. Should the Product supplied by Philips Canada not comply with the applicable warranty Philips Canada shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product.

 

8.2.Non-Philips-branded/Third-party Products
For non-Philips branded Products (including non-Philips branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to Philips Canada by phone.

 

8.3. THE WARRANTIES REFERRED TO ABOVE GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM PROVINCE TO PROVINCE. If you are a consumer residing in a jurisdiction that does not permit the following disclaimers, including Quebec with respect to legal warranties, such disclaimers shall not apply to you. Except as expressly set out in these Terms and Conditions, to the fullest extent permitted by law Philips Canada hereby disclaims any and all warranties and conditions, whether legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, including but not limited to warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title and non-infringement of third party rights. Philips Canada will not be responsible for ensuring that the Products are suitable for your purposes. To the extent that the provisions of any applicable legislation expressly replace, eliminate, amend, extend or prohibit any term or terms contained in these Terms and Conditions, such term or terms shall be accordingly replaced, eliminated, amended or extended, as the case may be, in accordance with such legislation.

 

9.1. The following provisions do not affect your rights under paragraph 8, nor your right to return the Products as per paragraph 7.

 

9.2. These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of e-mail support and warranty services) and the performance of any services.

9.3. Except where set out in paragraph 8 above, there are no warranties, conditions or other terms that are binding on Philips Canada regarding the supply of Products or the provision of any services.

 

9.4. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS AND SUBJECT TO CLAUSE 9.4, PHILIPS CANADA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS (“REPRESENTATIVES”) WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED OR ANY OTHER LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS AND/OR SERVICES PURCHASED OR PROVIDED ON THIS WEB SITE OR THEIR USE OR MISUSE AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. PHILIPS CANADA, ITS AFFILIATES AND THEIR REPRESENTATIVES’ MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO PHILIPS CANADA IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.

 

You can contact Philips Online Shop:

• By  e-mail: ca.estorehelp@philips.com  between 9:00 AM EST and 9:00PM EST Monday to Friday; or
• By phone:  1-866-309-3263 between 9:00 AM EST and 9:00PM EST Monday to Friday

 

11.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.

 

11.2. By placing your order, you agreed and understand that Philips Canada may store, process and use the data collected from your order form for processing your order. The data will be treated in conformance with the Philips Canada Privacy Notice which is available by clicking on the button Privacy Notice in the footer of this Web Site. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from Philips Canada please follow the update procedure set forth in the Philips Canada’s Privacy Notice.

 

Philips Canada will make every effort to perform Philips Canada’s obligations under the contract. However, Philips Canada cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, Philips Canada will perform our obligations as soon as reasonably possible.

 

 

Philips Canada will try to solve any disagreements quickly and efficiently. If you are not happy with the way Philips Canada deals with any disagreement and you want to file court proceedings, you must do so within Canadian law and courts. The applicability of the United Nations Convention on Contracts for International Sale of Goods as amended, replaced or re-enacted from time to time, is hereby explicitly excluded.

 

 

14.1. Neither Philips Canada’s failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

 

14.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

 

14.3. Except for the Terms of Use which govern your use of the Web Site, these Terms and Conditions constitute the entire agreement between you and Philips Canada with respect to any purchase made by you on the Web Site and supersedes all previous agreements, understandings and representations relating thereto. You may not assign these Terms and Conditions to any third party without the prior written consent of Philips Canada. These Terms and Conditions will be binding upon and will enure to the benefit of (i) you and your heirs, executors, administrators and other legal representatives; and (ii) Philips Canada and its successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms and Conditions, the wording in these Terms and Conditions will prevail.

 

14.4. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

 

You agree not to use the Web Site:

 

• To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable
• To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
• To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party; and
• To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this Web Site or which may cause any defect, error, malfunction or corruption to the service.
• In addition, in the event you violate one of these Content Restrictions and you intentionally publicize such violation, you acknowledge that Philips Canada will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
  
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