General terms of purchase and privacy policy

General terms of purchase

For the online purchases of Trovac Industries Ltd (Trovac) products

Trovac offers its products for sale in Quebec as well as in the rest of Canada via its websites www.cyclovac.com, www.mvac.com and www.wallyflex.com (hereafter referred to as the Websites).

Online purchases are subject to these General Terms of Purchase providing Trovac’s rights and obligations as those of the client. The client agrees to have read and accepted these General terms of purchase before placing any orders and online purchases for Trovac’s products. The General Terms of Purchase come into force at the time the order is placed.

Trovac reserves the right to limit the quantities of its products available for online purchase and to cancel any order, whatever the reason may be; in which case the client will be informed by e-mail or by phone and a full refund will be made.

These General Terms of Purchase only apply to purchases made online, and they do not replace in any way the terms of any other agreement concluded between one of Trovac’s authorized dealers and the client, regarding the products purchased or the same products.


Prices

The prices displayed on Trovac’s Websites are only valid for online purchases (prices offered by Trovac’s authorized dealers for the same products may differ). The prices are indicated in Canadian dollars and do not include taxes. They are only applicable at the time when the client places its order. They may be modified without notice.

The client may sometimes benefit from discounts or promotional offers. These discounts or promotional offers are advertised on Trovac’s Websites and are only valid for the period indicated, and according to available stocks. Are not included in prices: sales taxes, handling, delivery and installation charges.


Credit Card Payment

The order is payable only with a valid credit card among the following three: Visa, Master Card or American Express.

An authorization from your credit card’s issuer, for the amount of your order, is required at the moment when you place your order. If the debit of the credit card is not authorized or accepted by the card’s issuer, Trovac reserves the right to cancel the order without notice and without any responsibility or obligation.


Order

You place your order by selecting products from those appearing on Trovac’s Websites and by filling out the order form that also appears on these Websites.

The transmission of the completed order form to Trovac constitutes a purchase offer for the products mentioned in the order form.

Once Trovac will have confirmed your order by e-mail, it will not be possible for you to cancel or modify it.

If the product ordered happens to be temporary out of stock, Tovac’s Customer Service will contact you to take the necessary arrangements in order to deliver the ordered product to you within the shortest delays.


Shipping

The order is delivered to the address indicated on the order form.

No order is shipped to a post office box, or to any address outside of Canada, or to remote geographical regions or regions with very limited access.

The order is shipped by the UPS freight company only. The confirmation transmitted by Trovac contains important information regarding the delivery of the product, including the package tracking number as well as the estimated delivery delay. You may verify the status of your delivery on UPS’ website.

It is your responsibility to make sure that you are present to receive your order, otherwise the transporter with leave your package at its closest distribution center.


Pick Up in Store

When you chose to have the product that you ordered online delivered at one of Trovac’s authorized dealers, the customer service attendant will contact you to let you know where and when you can pick up your product.


Return & Refund Policy

Trovac is committed to giving you complete satisfaction of its products. Therefore, Trovac has established this Return and refund policy that you are invited to read in order to know the multiple possibilities available to you before you order products online.

Package receipt and verification

Upon receipt of the ordered product, you must immediately verify the condition of the package. Once you acknowledge receipt of the product by providing your signature, you thus attest having received the package in good condition and any damage to the product that would result or not from transportation will not be eligible to this Return and refund policy.

Return of a product damaged during transportation

If, upon delivery, you find that the package is damaged, it is advisable to refuse it and immediately contact us at 1-800-361-9553. Trovac will take charge of the product’s inspection once it is returned to our facilities. If no damage to the product is found, it will be returned to you in a new packaging, at no additional cost. If the product has indeed been damaged, a new product will be shipped to you, at no additional cost.

The product delivered is not the product ordered

If the product that you received does not match the one that you ordered, you must inform us within the 72 hours following its delivery. We will exchange the product and refund the shipping charges, and we will cover the return and shipping costs, provided that the following return conditions are met.

The product must be returned in its original package, and in the same condition as when it was delivered. It must be functional and complete, including all its parts, its attachments, as well as the documentation that goes with it (owner’s manual, warranty card, etc.). Trovac reserves the right to refuse any exchange if either of these return conditions is not met.

The product delivered does not work

If the product that you ordered does not work, because of a manufacturing defect, you must return it to us in its original package, and in the same condition as when it was delivered, including all its parts, its attachments, as well as the documentation that goes with it (owner’s manual, warranty card, etc.). To do so, you must contact our Customer Service department at 1-800-361-9553 or by e-mail at info@trovac.com and mention to us that the product delivered does not work. You will then obtain the proper information regarding the return procedure, including a prepaid transportation label and a return authorization number. Note that return authorization numbers are valid for a period of 14 days from the date of issue. It is your responsibility to make sure that we receive your package before this delay expires; otherwise your return will be refused. IMPORTANT: Any package returned to Trovac Industries Ltd without clear inscription of the valid and corresponding return authorization number will be refused. You must then refund the return charges incurred and, if applicable, take charge of the new shipping costs.

If the return conditions mentioned above are met, and if the product shows a manufacturing defect, you may then obtain an exchange at our cost, or a full refund including shipping charges.

If either of the return conditions mentioned above is not met, or if Trovac does not find any manufacturing defect and the product is functional, Trovac may refuse the return, and no refund will be granted. You will then have to refund the return cost incurred and take charge of the shipping costs. If the product is not functional, because of abnormal or abusive use, or if it is defective for any other reason than a manufacturing defect, Trovac may refuse the return and no refund will be granted, or, with your consent and at your cost, Trovac may repair the product and return it to you. Before the product is shipped back, you will have to pay the repair costs and refund the return costs incurred and take charge of the shipping costs.


30 Days Satisfaction Warranty (for online purchases only)

If, within the 30 days following the date of delivery, you are not entirely satisfied with the product that you purchased online, you may obtain a refund or an exchange by meeting the conditions mentioned below.

Within the 30 days following the date of delivery, you must contact our customer service at 1-800-361-9553 or by mail at info@trovac.com and mention to us that you want to benefit from our 30 Days Satisfaction Warranty. You will then obtain the proper information regarding the return procedure, including a prepaid transportation label and a return authorization number. Note that return authorization numbers are valid for a period of 14 days from the date of issue. It is your responsibility to make sure that we receive your package before this delay expires; otherwise your return will be refused. IMPORTANT: Any package returned to Trovac Industries Ltd without clear inscription of the valid and corresponding return authorization number will be refused. You must then refund the return charges incurred and, if applicable, take charge of the shipping costs.

To take advantage of our 30 Days Satisfaction Warranty, in addition to the previous conditions, the product must be returned in its original package and in the same condition as when it was delivered. It must be functional and complete, including all its parts, its attachments as well as the documentation that goes with it (owner’s manual, warranty card, etc.).

If these return conditions are met, Trovac will offer you an exchange or an integral refund of the product only (excluding shipping charges) and will take charge of the return costs.

If these return conditions are not met, Trovac may, at its discretion, refuse any return and no refund will be granted. You must then refund the return costs incurred and take charge of the new shipping charges.

No return will be accepted if Trovac has not been duly informed of your intention to take advantage of the 30 Days Satisfaction Warranty within 30 days (which delay includes week-end days), calculated from the date where your product was delivered.


Warranty

Once the 30 days period is completed, other warranties apply to most of our products. Those warranties are honoured by our network of authorized dealers, provided that you have kept the original invoice.

To find the contact information of our authorized dealer closest to your home, please access the « Find a Dealer » section of our website and enter your postal code or the name of your city or municipality. You will then have access to the address, phone number, and e-mail address of this dealer.

To obtain more information on our warranties, we invite you to see our warranty conditions online or contact our authorized dealer.

Other conditions

Personal information — Nominative information and other types of information on the client that is collected by Trovac in order to process any order or any request from the client constitutes personal information that is subject to Trovac’s Privacy Policy. This Privacy Policy is reproduced on Trovac’s Websites. The client is deemed to have noted and accepted of Trovac’s Privacy Policy at the time he places an order for a product.

Taxes — All sales taxes are to be paid by the customer, in addition to the selling price.

Accurate information — The client must verify the accuracy of the information supplied in order to purchase products and receive them by delivery. The client is responsible for any damaging consequences to Trovac resulting from the inaccuracy of its information.

E-mail — The client consents to e-mail communications with Trovac for anything that concerns the purchase of products, and to any other promotional or informative communication.

Modifications —  Trovac reserves the right to modify, at its discretion, these General terms of online purchase. The modifications will come into force at the time they are posted on Trovac’s Websites. By buying a product on Trovac’s Websites after the posting of any modification, you accept these modifications to the General terms of purchase.

Non-responsibility — Trovac is not responsible for any given damage resulting from the use of its Websites and of its content, in relation to online purchases of its products. Trovac cannot assure its client that its Websites are free of errors or that the information contained in them is always complete or accurate. Trovac cannot guarantee that the products that appear on its Websites will be available when ordered, or later, and reserves the right to limit the quantities offered for sale or the quantities ordered by the client.

Subject to applicable laws, Trovac reserves the right to modify the products and services advertised or offered for sale on its Websites, the prices and the specifications of its products and services, and any other promotional offer, at any time and from time to time, without giving notice nor engaging any responsibility towards anyone. Trovac reserves the right to cancel an order, to end it, or to not process it (including an accepted order), in which case Trovac will not charge you the amount of the order or will credit it to you.

Applicable laws and jurisdiction — The present General Terms of Purchase are governed by the laws of the province of Quebec and interpreted in compliance with these laws. Regardless of the place from where you access either of Trovac’s Websites to proceed with the online purchase of a Trovac product, you agree that only the courts located in the judicial district of Montreal, in which the parties elect domicile, will have jurisdiction to hear any application or any claim, based on either of the provisions of these General Terms of Purchase, in whole or in part and directly or indirectly.


Contact Trovac

If you have any questions or comments for us regarding these General Terms of Purchase, do not hesitate to contact us:

E-mail address: info@trovac.com (please read the important reminder below)
Phone: 1 800 361-9553
Postal address:
Trovac Industries Ltd
3, Marcel-Ayotte
Blainville (Québec) J7C 5L7
Canada

General Terms of Purchase dated February 28, 2013



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Privacy Policy

Our Commitment

Trovac Industries Ltd (or “Trovac”), put into place a “Privacy Policy” that it commits to comply with, regarding the protection or your personal information when you use either one of its websites: www.cyclovac.com, www.mvac.com and www.wallyflex.com (hereafter referred to as the “Websites”). It also applies to purchases of products in one of Trovac’s authorized dealers or distributors.

By accessing Trovac’s Websites, you agree to be bound by this Privacy Policy and more particularly to the provisions hereafter stated regarding the collection, use and disclosure of your personal information. We therefore take for granted that you will read this Privacy Policy very carefully.


Personal Information

Personal information means information that allows your identification and others kind of informations about yourself. For example, the following information is considered personal information:

  • your contact information (name, postal address, phone number and e-mail address);
  • your choices and preferences (products and services);
  • your data to conclude a transaction (products purchased, method of payment, amount paid and credit or debit card number).

lease note that if you choose not to provide some of your personal information that is requested, we might not be able to provide you with the product, service or information that you requested.

When you provide any personal information, you consent to the use we may make of it in compliance with this Privacy Policy. When circumstances require, it may happen that your consent be expressly requested. You may at any time address a written request to us, to inform us that you withdraw your consent to the use or disclosure of part or all of your personal information, in which case we will process your request with diligence, taking into account the judiciary considerations that may apply.



Use of Your Personal Information

Your personal information is in particular used in the following situations:

To make an online purchase — When you place an order for the purchase of products online, you must provide some personal information such as your name, your home address, your phone number, your e-mail address or your credit card information. This information will be used to create an account to your name, to process and ship your order, and to respond to your requests.

To follow-up on a purchase — After a purchase is made online or at the store of an authorized dealer or distributor, we may send you a letter to thank you, or even contact you by e-mail or by phone to make sure that you are entirely satisfied with the delivery of the product and its installation.

To return or exchange some material — In order to ensure your complete satisfaction, we have, under certain conditions, a return and exchange policy (see General Terms of Purchase). For that purpose, the personal information we collected from you, such as your name, address and phone number, help us prevent fraud. To better identify the person we are dealing with, it may happen that we request a valid piece of identification with a photo.

To provide customer service — When you contact our Customer Service Department, our personnel may ask you to provide some personal information, in order to answer your request or to verify your identity. For example, if you are interested in the status of a recent online order, our personnel will make sure that you are the holder of the account by requesting some personal information that may authenticate your identity.

To allow you to take part in a contest or a special offer — We sometimes launch some contests or special offers. If you participate, you may be invited to provide your contact information as well as some optional information. Your contact information is used for the contest and to contact you if you win. For research and analysis purposes, we may also summarize the contest’s information so that it is not possible anymore to identify individual participants. All contests and special offers are subject to this Privacy Policy and to the rules that will be established, if applicable, for each of them.

To collect data —  From the personal information that you will have provided to us, or that we will have gathered during a purchase made online or by phone, or by the means of one of our authorized dealers and distributors, or during a commercial fair, it will be possible for us to conduct surveys or market studies (which you are free to participate to or not), in order to:

  • learn to better know our clientele’s profile and needs;
  • improve the presentation and content of our products and services;
  • measure our Websites efficiency;
  • evaluate our promotional offers or our marketing;
  • improve our security measures in order to counter fraud or errors.


Responsability

Trovac is responsible for the conservation and the use of all personal information that is provided or transmitted to it, and that, in compliance with the principles stated in this Privacy Policy. On your part, you must make sure that the personal information that you provide is up to date, accurate, and complete. Otherwise, Trovac is not responsible for any damage, cost, loss, or claim that you or any other person may suffer or have suffered, as a result of your failure to provide us with such up to date, accurate, and complete information.


Additional Information

Disclosure of personal information — In order to ease the process of your orders or your requests, some of your personal information may be disclosed with employees or with representative of our dealers, divisions, or subsidiaries. We will however make sure that this information is always used in compliance with this Privacy Policy.

External service businesses — If we call upon external businesses whose services may imply the disclosure of personal information, we will then take all appropriate means to ensure that such personal information is used in total compliance with this Privacy Policy.

Sale or transfer of the company’s activities — In case of sale or transfer of our business, all collected information could be transferred or disclosed to a buyer, potential or not. Some reasonable efforts would then be made to see that the use of your information by the latter complies with the present Privacy Policy.

Disclosure in accordance with the law — We may be required to disclose your personal information as the law allows or requires. As such, we may be compelled to disclose your personal information to organisms in charge of applying a law, other investigation organisms, a justice court, or another entity with such authority to constrain.

Protection of your personal information — We adopt and put in place the most recent security and protection standards. For example, all our electronic files are stored on secure servers with limited access. We also use firewalls and passwords, and the importance to preserve the security and confidentiality of personal information is explicitly taught to our personnel. Your personal information is therefore efficiently protected against unauthorized access, disclosure and abusive use.

Authentication procedure — In order to prevent fraudulent use of your personal information on our Websites, and to protect you when you are shopping on our Websites, we have adopted the industry’s normalized authentication procedure for online payment.

TLS (SSL) Technology — In order to ensure a maximal protection of your personal information, our Websites use the SSL protocol to encrypt your personal information such as your name, address, and credit card number, during data transport.

Digicert certification — A Digicert certificate, which confirms that the industry’s standard security protocols are followed, has been awarded to us. You may therefore make sure that you are on an authentic Trovac Website by clicking on the Digicert and ClickID seals that appear at the bottom of the page or by using the certified validation tools of your browser.

Password — When you create an online account on our Websites, you must select a personal password. To maximize your protection, you should choose at least six (6) figures, including both numbers and letters. You are solely responsible of preserving the private nature of your password and account information. We do not send unsolicited communications asking you for your password or to update your account’s information.

Consultation of your personal information — You have the possibility to consult, verify, update, or correct your personal information by simply logging in to your online account. If you do not have an online account, you may contact our Customer Service department (see contact information under “Contact Trovac”). You may then ask to consult the information we have kept, as well as the use and disclosure that have been made of it. With some exceptions prescribed by law, and as long as we can verify your identity, you will have a convenient access to your personal information.

Deletion of your personal information — Your personal data is kept in our files, in accordance with any legal requirement, for as long as we may need it for legitimate commercial purposes. When it is no longer needed, it will be destroyed.

Important reminder concerning e-mail communications — Trovac reminds you that e-mails sent on the public Internet network are not protected. The content of any electronic message sent directly from your personal  e-mail address will not be encrypted. It is then highly recommended not to send delicate information (such as a credit card number) from your personal e-mail account. In such case, Trovac is not responsible whatsoever for the personal information sent by e-mail on the public Internet network.

Modification or update of the present Privacy Policy — In order to adapt to technological breakthroughs or to any modification of the laws that regulate the collection of personal information, following changes in our services, or for any other reason, the present Privacy Policy may be modified or updated at any time, and without notice. It is therefore your responsibility to periodically examine our Privacy Policy to take note of any changes. To this effect, each time you will provide personal information or use our services, you accept the terms of the Privacy Policy into force. The date indicated below informs you of the time when the last modifications came into force. This date will be changed each time the Privacy Policy is updated.

The terms of the present Privacy Policy do not replace in any way the terms and conditions of any other contract that intervened for the obtaining of products and services from Trovac, its authorized dealers or distributors.

Applicable laws and jurisdiction — This Privacy Policy is regulated by the laws of the province of Quebec and interpreted in compliance with these laws. Regardless of where you access either of Trovac’s Websites from, or the place where you purchase a Trovac Product, you agree that only the courts located in the judicial district of Montreal, in the province of Quebec, Canada will be competent to hear any legal demand or any claim, based on either of the terms of this Privacy Policy, or that challenges the latter, in whole or in part, directly or indirectly.

Contact Trovac

If you have any questions or comments for us regarding the rules and practices on the Privacy Policy of our organization, do not hesitate to contact us:

E-mail address: info@trovac.com (please read the important reminder below)
Phone: 1 800 361-9553
Postal address:
Trovac Industries Ltd
3, Marcel-Ayotte
Blainville (Québec) J7C 5L7
Canada

Privacy Policy dated February 28, 2013


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Terms of Use of Trovac’s Websites

Use of the Websites — When you access Trovac’s Websites, www.cyclovac.com, www.mvac.com and www.wallyflex.com, you accept the terms and conditions of use stated below, and on each Website. Online purchases made through Trovac’s Websites are limited to the Canadian territory, and regulated by the General Terms of Purchase stated on these Websites.

Intellectual property — The Websites, www.cyclovac.com, www.mvac.com and www.wallyflex.com, and all elements that compose them (texts, documents, photos, images, illustrations, designs, sources code, logos…) are the exclusive property of Trovac. It is prohibited to broadcast or reproduce them, in whole or in part, and under any given form, without the express written consent of Trovac. Any other use constitutes counterfeit and is sanctioned by the laws on intellectual property.

Trademarks — Cyclo Vac, Mvac, and WallyFlex (as well as their respective designs and/or logos) are protected trademarks held by Trovac. They cannot be copied, reproduced, or used, in whole or in part, without the former and express written consent of Trovac.

IP address and other browsing information — Some computer information is collected and used to allow or make your use of our Websites more effective. This information is not personal information. It includes the IP address of your computer and that of your Internet supplier, the hour and date where you consulted our Website, the operating system your are using, the sections of the Website that you accessed, the pages you visited, the images displayed, and the content you downloaded from the Website.

Cookies — When you use one of our Websites, some small files called “Cookies” are installed on your computer to allow recognition of subsequent visits that will be made from your computer. They do not collect any personal information that may allow your identification. The information provided by this technology simply allows us to make your experience easier and to offer you more convenience during your use of our Websites.

Links to external Websites — There are links between our Websites to other websites. We are not responsible of these other websites, or of the use that they make or do not make of your personal information. You are therefore invited to carefully read the privacy policy of each external website that you visit by clicking on these links.

Children — The Websites mentioned above are exclusively intended for adults. If you are a parent or a legal guardian, you accept to be responsible of their use by children, minors, and other people under your supervision, including online purchases that might be made by them.

Prohibition — It is prohibited to access the sources code of Trovac’s Websites. You cannot reproduce or broadcast any information contained in Trovac’s Websites, unless you only do so for personal purposes.

Non-liability — Trovac cannot in any way be held responsible for any given damage resulting from the use of its Websites by anyone.

Applicable laws and jurisdiction — The use and content of the Websites, www.cyclovac.com, www.mvac.com and www.wallyflex.com, are regulated by the laws of the province of Quebec and interpreted in compliance with these laws. Regardless of the place from where you access either of Trovac’s Websites, you agree that only the courts located in the judicial district of Montreal, in the province of Quebec, Canada, in which the parties take residence, will be competent to hear any legal demand or any claim, based in whole or in part, directly or indirectly, on either of the terms and conditions of use of Trovac’s Websites.

Terms of use of Trovac's Websites Dated February 28, 2013


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