Your Online Builders’ & Landscape supply store: Saving you time & money. Terms of Service

TERMS OF SERVICE

OVERVIEW

This www.prodrop.ca website, is operated by PRODROP Inc. (“the Company”), a company operating in Ontario, Canada. Throughout the site, the terms “we”, “us” and “our” also refer to PRODROP Inc. Please carefully read these Terms of Service before using the Website and related Service as THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.

By visiting our website and/or purchasing something from us, you, the User (“You or Your”), represent and warrant that you engage in our “Service” and:

    1. Have read and understand the following terms and conditions (“Terms of Service”, “Terms”) including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content;
    2. Agree to be bound by the them;
    3. You are at least the age of majority in your province of residence. If you are not the age of majority or do not understand or agree to these terms, please stop using the Service and/or contact us immediately.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any related services.

IF YOU ARE USING THE WEBSITE ON BEHALF OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, “YOU” AND “YOUR” WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY. For greater clarity, both you as an individual and/or your organization are legally bound by these Terms which form an express agreement between you and the Company.

Any new features or tools which are added to the current store inventory shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service without prior notice to you, the User.

GENERAL CONDITIONS

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any local, national or international laws (including but not limited to copyright laws).

You must not transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam).

You must not knowingly transmit any data, send, submit or upload any material that contains false information, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or cause damage to our Website, Service or our hardware including our servers.

A breach or violation of any of the Terms will result in an immediate termination of your ability to use the Service. We reserve the right to refuse the Service to anyone for any reason at any time if we reasonably believe that there has been a breach to these Terms of Service.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

As our website and Service continue to change, we may at any time revise, update, change or replace these Terms by posting the changes to this page. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. As you are bound by these terms each time you visit our Website or use our Service you are responsible for periodically reviewing any amendments to these Terms and Conditions and you are deemed to have accepted and agreed to such amendments by accessing and using the Website and Services after such amendments have been posted. Any reliance on the material on this site is at your own risk.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change at anytime without notice and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS

We have made every effort to display as accurately as possible the colors and images of our products that appear in or inventory. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE, AT OUR SOLE DISCRETION. We reserve the right to discontinue any product or service at any time.

WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON OR PER ORDER. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials and/or links to and from third-parties. You may also need to use a third party’s product or service in order to use our Service. When you access these third-party products or services, you do so at your own risk. PRODROP Inc. is not a party to these agreements; these are solely between you and the third-party.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties.

WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY’S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS AND/OR SERVICES INCLUDING BUT NOT LIMITED TO WARRANTIES AND GUARANTEES SHOULD BE DIRECTED TO THE THIRD-PARTY.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is available here.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. For any unlawful purpose
  2. To solicit others to perform or participate in any unlawful acts
  3. To violate any international, federal, provincial regulations, rules, laws, or local ordinances
  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  6. To submit false or misleading information
  7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
  8. To collect or track the personal information of others
  9. To spam or phish or to illegally solicit information
  10. For any obscene or immoral purpose
  11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free nor do we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE. PRODROP INC. MAKES NO REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY OF MATERIALS OR PRODUCTS MADE AVAILABLE FOR SALE ON THE WEBSITE, AND DO NOT MAKE ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IT IS YOUR RESPONSIBILITY TO CONTACT THE MANUFACTURER(S) DIRECTLY AND/OR CONDUCT YOUR INVESTIGATION SHOULD THERE BE ANY QUESTIONS OR CONCERNS REGARDING THE CONDITION, QUALITY, DURABILITY, PURPOSE, TITLE, NON-INFRINGEMENT OR SPECIFIC MANUFACTURER WARRANTIES OF ANY OF THE PRODUCTS AVAILABLE ON OUR SITE.

IN NO CASE SHALL PRODROP INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. IF IN THE EVENT THAT THIS WEBSITE IS USED IN A PROVINCE(S) JURISDICTION(S) THAT DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, SERVICES, PRODUCTS, STAFF, EMPLOYEES, CONTRACTORS OR THIRD PARTY PROVIDERS OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE, PRODUCTS OR SERVICES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PRODROP INC. AND OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

ORDERING AND DELIVERY

Payment of items is required at the time of ordering by Visa, MasterCard, American Express, Interac Online and PayPal.

Negotiated and/or agreed upon prices are confidential and may not be shared with other individuals or organizations.

Prices are subject to change at any time without notice.

Delivery charges vary according to product type and quantities. Total delivery charges to be confirmed at checkout.

Some inventory items may be in stock in our warehouse and some items may be in stock in the manufacturers’ warehouse.

Regular inventory items and custom orders may be delivered by us or by a third party.

You accept responsibility for the items once delivered whether or not you and/or your agents are physically available to receive the item(s). PRODROP Inc. staff have the final say on drop-off location. Once we have delivered the items to the delivery address specified in the order, we accept no responsibility for the items or any property damage if permission is granted to deliver on private property

Skid products:

Minimum CAD $120 delivery charge (interlocking pavers, patio stones, sod, natural stone, rocks, boulders, etc.) Skids and pallets require a refundable security deposit and are required to be returned in original condition.

Extra fees are applied where orders are greater than 4 skids, delivery is outside local area, placement of rocks and boulders on private property, OR product requires an additional pallet for packaging reasons. Additional pallets incur a $20 deposit; however, it is customer responsibility to return pallets according to our instructions for their delivery. SPECIFICALLY, we will only accept pallet/skid returns if we pick them up upon request. Pallet/skid returns must be left stacked on the curb, boulevard or a location that is easily accessible for pickup by machine. We do charge a pick up fee (please contact us to confirm the exact fee). If we attempt pick up but at our discretion, PRODROP Inc. staff in their discretion deem that we are unable to do so due to obstructions or lack of access, we will not pick up the pallet/skid and you will still be responsible for payment of the pick up fee.

For every skid that requires alteration/customization/HANDLING, a CAD $15 spliting/HANDLING charge will be applied.

RETURN POLICY

ALL SALES ARE FINAL. WE DO NOT ACCEPT RETURNS OF ANY PRODUCTS FOR REFUND OR EXCHANGE. AT OUR SOLE AND ABSOLUTE DISCRETION, WE MAY CONSIDER RETURNS OF PRODUCTS FOR A REFUND ON A SPECIAL CONSIDERATION BASIS ONLY AND ONLY IF PRODUCT IS DEEMED BY THE MANUFACTURER TO BE DAMAGED OR DEFECTIVE.

If at our sole and absolute discretion, a purchased product is accepted by us to be returnable and refundable, it must be scheduled for pick up by us at our discretion and will be subject to a pick up fee.

Any discrepancies and/or damaged products must be reported within 24 hours upon delivery or pick up.

Orders of regular inventory items may be cancelled up to 48 hours prior to delivery date. Orders may not be cancelled within the 48 hours prior to delivery date. Custom orders may NOT be cancelled.

If, at our sole and absolute discretion, a purchased product is accepted by us to be returnable and refundable, refunds of regular inventory items will only be processed if the pallet or packing is unopened and unmodified. Custom orders are final sale and non-refundable.

If any products are to be returned after the delivery truck has left our warehouse or any of our suppliers’ warehouses, there will be a 15% restocking fee of the purchase price in addition to the pick up fee.

If an ordered item is in-transit but on the delivery truck in our warehouse yard, and provided that the pallet or package that the material comes in to our warehouse was not opened or modified a restocking fee of 15% of the purchase price will apply.

Returns of Skids

Skids must be received at our warehouse and deemed by us to be fully refundable and skids may only be returned/delivered to our warehouse according to our own delivery methods.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us IN WRITING that you no longer wish to use our Services, or when you stop using our site.

If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at simon@prodrop.ca

Version 1.1 – Effective date: March 1, 2020.