(Last modified on July 8, 2019)
Welcome to the PQMC Website and e-commerce Services. We thank you for choosing to shop with us.
PQMC reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website or the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the email address specified in your account, or by posting a prominent notice on the Website.
If you have any questions about the TOU, please contact:
PO Box 531
These TOU cover several different situations, so please refer to the following definitions for clarification:
“PQMC” refers PQMC – Power Quality, Magnetics and Conversions Inc., a duly incorporated company in the Province of Quebec, Canada. Where the present TOU refer to “PQMC”, they may refer to PQMC and / or its affiliates, subsidiaries, employees, officers, directors, subcontractors, agents, partners or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to PQMC.
“Products” refers the various products you can purchase through the Services on the Website.
“Services” are the e-commerce software services that PQMC has developed and / or licensed that allow you to purchase Products on the Website, and related functionalities.
“Users” refers to anyone using the Website or Services. In these TOU, a Website visitor or Services User may also be referred to as “you”. When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.
“Website” refers to the website located at the URL https://pqmcstore.wpengine.com which is owned and operated by PQMC, and includes all subdomains, present and future.
By visiting the Website and / or using the Services, you agree to:
In order to use certain aspects and functions of the Services, you may be required to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.
As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. PQMC, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
PQMC reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.
You must be 18 years of age or the age of majority in your province or state to use the Services to purchase Products. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these TOU.
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
We have done our best to display as accurately as possible the colours of the Products shown on the Website. However, because the colours you see will depend on your monitor or display, we cannot guarantee that your display of any Product colour will be accurate. While the Website attempts to be accurate in its product descriptions, PQMC does not represent or warrant that Product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your sole remedy is to return it in accordance with PQMC ‘s Return Policy.
The purchase of Products on the Website is subject to availability. In the event that PQMC advises you that any Products are no longer available, PQMC will have no obligation to fulfill your order and you will have no obligation to pay PQMC for the order. If your payment has already been made, you will be refunded.
Prices displayed through the Services are firm and in Canadian or American dollars, depending on the choice you have made on the Website. The price may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).
By confirming your purchase at the end of the checkout process by clicking the “Proceed to PayPal” button, you agree to pay PQMC the amount set out as the Total in the “Your order” section of the checkout process. The Total is quoted in Canadian or American dollars depending on the choice you made on the Website, and includes shipping and handling fees, any applicable environmental or other additional fees, and all applicable taxes.
Depending on your location, your purchase may be subject to import duties, national or local taxes, and/or customs or brokerage fees which will not be displayed during the checkout process. You acknowledge that you are solely responsible for any of these additional charges.
While we strive for accuracy in the pricing displayed on the Website and the other product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, PQMC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PQMC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser’s credit card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, PQMC shall issue a credit to the credit card or PayPal account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees).
All Billing Information is collected by PayPal, on their own secured servers. PQMC does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of PayPal. Non-financial information will, however, be available to PQMC for shipping and data-keeping purposes.
Delivery of Products is only available to certain locations, as will be displayed to you upon checkout. Depending on the circumstances and the method chosen, delivery may be made by third-party delivery services selected by PQMC (the “Third-Party Delivery Services”). The Third-Party Delivery Services are currently limited to UPS, but this is subject to change. Depending on the method of delivery, there may be additional delivery costs, which shall be displayed to you upon checkout.
PQMC shall in no way be held responsible for any damages resulting from any error or failure on the part of Third-Party Delivery Services. Risk of loss, damage or destruction shall pass to Purchaser upon delivery, except as provided for in the next section of these TOU.
PQMC is committed to your full customer satisfaction. If your purchase of Products does not meet your expectations, if the Product is defective or damaged, we will be pleased to accept return of your Product or exchange it subject to the conditions as outlined in this section.
To begin the process, you must contact customer service at firstname.lastname@example.org so that we may assist you. Please note that we may ask you for pictures of the Product(s) you wish to return, and for additional information. We will provide you with all the necessary instructions to complete your return. This includes a Returned Merchandise Authorization (RMA) number which we will provide to you. Any return of Product(s) without an RMA number will not be accepted by PQMC.
Purchaser will have ten (10) days from the date of delivery to inspect the Product(s) for any damages, shortages, defects and non-conformance to notify PQMC, by contacting customer service at email@example.com, of any defects, non-conformance, or rejection of the Product(s) (other than defects or nonconformities due to damage, shortage, or errors in shipping that will be reported as set forth below). Product(s) rejected as not conforming, or as otherwise defective, shall be returned at Purchaser’s initial expense, including shipping and handling costs, but subject to reimbursement by PQMC upon confirmation of the defect claimed.
To facilitate inspection of shortages, damages, or defects, we may require additional information from you, such as descriptions, photos, or other cooperation. Factory defects may require additional time for inspection by the manufacturers, and some parts may need to be shipped directly to the manufacturer.
Acceptance by Purchaser of Product(s) delivered by PQMC shall be deemed to have occurred no later than ten (10) days following delivery of such Product(s), unless a timely and proper rejection has been made by that date. After this period, Purchaser will be deemed to have irrevocably accepted the Product(s), if not previously accepted. After acceptance, Customer will have no right to reject the Product(s) for any reason or revoke acceptance.
Some Products may require return directly to the manufacturer. To the extent that PQMC purchases a Product from a manufacturer specifically for you, such Products may be non-cancelable or non-returnable, which shall be indicated to you at the time of purchase.
All Electrostatic Discharge Devices (ESDs) or moisture sensitive Product(s) should not be opened except under controlled conditions. All returns of such Product(s) will undergo PQMC inspection upon receipt. ESD Products that have not been handled according to the standards required will not be eligible for an exchange or refund.
Returns must be made within 30 days of date of shipping date and be in the original packaging and in unused/resalable condition (except if defective as described above). Only products originally shipped from PQMC will be accepted as returns. The Product(s) shall be subject to exchange or refund at the Purchaser’s option.
PQMC reserves the right to refuse any return or exchange which do not conform to this section of the TOU. When you return a Product, your refund will be issued according to the next section of these TOU.
All refunds will be issued within seven (7) working days following our receipt of the returned Product. Your refund will be issued to the same credit card or other payment method used to make the purchase, less the delivery fees (where applicable).
You will be notified by email when the refund has been processed. Please note your financial institution may require additional processing time to credit your account.
You may cancel your order of Product(s) if the order has not yet been shipped. If you wish to cancel your order, please contact customer service at firstname.lastname@example.org to confirm the cancellation of your order, prior to receiving our email that your order has been shipped.
Products are covered for various periods by a manufacturer’s warranty covering manufacturing defects. The manufacturer’s warranty may also be extended by PQMC, depending on the Product. These warranties are displayed on the Product pages.
Warranties do not apply to Products that have been subject to abnormal use or conditions, unauthorized modifications, unauthorized repair, misuse, neglect, accident, alteration, improper installation or other acts which are not our fault including damage caused in shipping after delivery by PQMC. The warranties also do not apply to any product that has been subject to damage by external causes such as fire, flood, sand, dirt, lightning, exposure to weather, acts of God, theft, improper use, static discharge, neglect, accident or modification, or has been soldered. PQMC does not assume any responsibility for your Product design, installation or operation.
PQMC’s sole liability and the Purchaser’s sole remedy is limited to either: (1) repair or replacement of the defective Product; or (2) if after a reasonable number of attempts PQMC is unable to provide you with a Product that meets the warranty we will refund the purchase price for that Product (without interest); provided that such Product must be returned to PQMC, along with acceptable evidence of purchase, within the warranty period. Purchaser shall be responsible for shipping costs to return the Product in question.
The warranty is non-transferable if you resell the Product. The original receipt of purchase (which shall include email confirmation) shall be required for any claim made under the warranty.
You acknowledge that: (a) the Services and Website contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) PQMC and/or third parties (via license) own all right, title and interest in and to the Services and Website and content that may be presented or accessed through the Services and Website, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to PQMC and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, whether registered or not, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website or Services, or content that may be presented or accessed through the Website or Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website or Services; or (iii) remove, obscure, or alter PQMC’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or Services.
The content, arrangement and layout of the Website and Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to PQMC, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of PQMC, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Website or Services, Computer Code, images, logos, videos, audio or trademarks found in the Website or Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and PQMC may take action accordingly.
If you choose to communicate to PQMC (via any means) suggestions for improvements to the Website or Services or PQMC’s Products or business generally (collectively, “Feedback”), PQMC shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to PQMC and waive in favor of PQMC, its successors and assigns all your moral rights in the Feedback, and agree to provide PQMC such assistance as PQMC may require to document, perfect, and maintain PQMC’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to PQMC, you are not entitled to any compensation or reimbursement of any kind from PQMC under any circumstances.
From time to time, the Website or the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Website or Services. While we will endeavour to make this unavailability as brief as possible, PQMC and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or Services, and disclaims any responsibility thereto.
PQMC may also, in their sole discretion and at any time, discontinue providing the Website and / or Services, or any portion thereof, with or without notice. You agree that PQMC shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website or Services, or from PQMC’s termination of the Website and / or Services or any part thereof.
Termination of the Website and / or Services or your access to the Website and / or Services shall terminate the present TOU as between you and PQMC. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
In no way will PQMC or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
You expressly understand and agree that your use of the Website or Services, the information or material thereon (whether provided by PQMC or third parties) or any activity arising from your use of the Website or Services or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk. The Website and Services, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Website or Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website or Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.
The information or resources provided on the Website or through the Services, written or produced by PQMC staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website or Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and PQMC and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or Services.
Except as provided for in the warranties for Products, PQMC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website or Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. PQMC and its Representatives do not warrant that: (i) the Website and Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website or Services is free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Website or Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.
PQMC shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Website or Services or downloaded therefrom, the use of the Website or Services, activities arising from your use of the Services (including but not limited to your use of a purchased Product), or any third-party materials on the Website or available through the Services.
To the maximum extent permitted by law, in no event will PQMC or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or Services, your use, misuse or inability to use the Website or Services or your use of any purchased Product(s), even if PQMC has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
These TOU, and your use of the Website and Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the Federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, PQMC’s practices with respect to the purchase of Products online are designed to be in conformity with Quebec’s Consumer Protection Act (R.S.Q. c. P-40.1), and its related regulations.
You agree that any legal action or proceeding between you and PQMC shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, PQMC shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.
© PQMC – Power Quality, Magnetics and Conversions Inc. 2019