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Terms & Conditions

The following terms and conditions of use agreement (hereafter "Terms") governs your use of our web site (hereafter "web site"). It is important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter "services"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by HOP through its web site(s).

This Website is owned by Have Our Plastic Inc. (HOP Inc).

The following words used in these Terms shall have the following meanings:

  • "Personal Information" shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.
  • "Web Site" shall mean all this site on which HOP provides products and/or services
  • "User" shall mean all users of the web site
  • "Products and Services" shall mean all products and/or services provided directly by HOP
  • "Third Party" includes all advertisers, partners and affiliate vendors that are included on, or linked to, the web site

PURCHASE TERMS

These terms of sale apply to all goods and services supplied by HOP via www.hop.ca. The website is governed by the following terms and conditions; they do not affect your statutory rights.

Description and price of goods

We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on http://hop.ca. If there is anything which you do not understand, or if you wish to obtain further information, please contact us toll free at 1-800 -263-5995.

Product images are for illustrative purposes only and may differ from the actual product.

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over- payment made by you (as applicable). We reserve the right to alter all product pricing without notice.

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

Placing an order

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

The contract is subject to your right of cancellation (see below).

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order or send you confirmation by email even if your payment has been processed immediately.

We may refuse in our discretion to accept an order:

  where we cannot obtain authorisation for your payment;
  if there has been a pricing or product description error; or
  if you do not meet any eligibility criteria set out in our terms and conditions; or
  where goods ordered by you are not available; or
  if we do not deliver to your area

Where we do not accept your order but have processed your payment, we will issue a credit to your account with any amount deducted by us from your credit card as soon as possible, or within 30 days of your order. We will not be obligated to pay any additional amount as compensation resulting from your cancelled order.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Payment

Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails, your order will be cancelled. There will be no delivery until clear funds have been received.

Online Payment: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.

To ensure that your credit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly. During security checks we may ask for additional information or documentation to help support the data you supplied.

Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

Delivery

We will deliver goods ordered by you as soon as possible to the address you give us for delivery. However, we reserve the right not to make deliveries outside Canada unless our ordering form provides that facility.

Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 30 days of the delivery of the goods in question.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days from the date on which you ordered the goods.

Consumers: If you refuse the delivery or fail to take delivery of your order, we will refund or issue a credit within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising your right to cancel you are required to return the goods to HOP. If you fail to return the goods to HOP, we reserve the right to deduct any costs incurred by retrieving the goods from you.

Calculating Shipping Cost

Your shipping costs depend upon the product, the methods and options you choose. The total shipping charge for the order will be displayed on the last page of the order form, before you submit your order.

Standard
Two to Six Business Days.
The transit time begins the first full shipping day after the package leaves our facility. Please allow an additional 2-5 days for delivery to remote locations.

Express
Two to Four Business Days.
The transit time begins the first full shipping day after the package leaves our facility. This option may not be available for delivery to remote locations.

Priority
One to Three Business Days.
The transit time begins the first full shipping day after the package leaves our facility. This option is not available for delivery to remote locations.

Remote Locations
Remote locations are postal codes that are difficult to serve.

Examples are:
  Towns far from a shipper's hub
  Towns that are infrequently served by shippers
  Canada Post Air Stage Locations (where mail must be airlifted at certain times of the year)
Please allow an additional 2-5 days for delivery to these locations for all shipping methods.

 

Product Returns

Products may be returned within 30 days in saleable condition in its original packaging (including UPC code, manual, parts and your receipt or packing slip) for a refund or replacement. An administration fee or restocking fee may apply. The tender will be made to the same tender as the purchase. Credit card refunds will only be processed to the same card number used for the original purchase.

To expedite the return process, please reference your order number.

If you request an item be picked up for return, the item must be packaged and available for pick up in the same manner as it was delivered. If the item arrived to you in a box, it will need to be in a box at the time of pick up. Please note that a pick up and refund process may take up to 3 to 4 weeks to complete and you will receive a credit confirmation email the following business day after your refund has been processed.

For products delivered by a large freight carrier, once you have notified hop.ca of your desire to return the product, you will be contacted by a carrier to arrange a date for a pick up. The item must be packaged and available for pick up in the same manner as it was delivered.

Please note that we cannot accept the return of opened items, custom printed products, or items returned more than 30 days past. We can only process returns and refunds for items purchased at hop.ca.

You will be responsible for returning the goods to HOP at your own cost unless otherwise agreed.

Except for defective products, no right of cancellation, refund or return is accepted if opened and/or used.

Upon receipt of the goods, you will be credited within 30 days of notifying HOP of the cancellation. We will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us.

The rights to return the goods will not apply in the following circumstances:

 - product has been used or returned incomplete
 - custom made or custom printed goods
 - goods that are perishable or can't be returned
 - audio, video recordings, or computer software that has been opened
 - website services or other services

We will not issue refunds for any items lost or stolen in transit to us.

The provisions of this clause do not affect your statutory rights.

Title for Consumers

Title in any product ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

Refund Policy

If you are eligible for a refund, we will credit it back to the payment method you used when you originally paid for your order. It is the your responsibility to notify HOP of any changes to your card details. Refunds can take up to 30 days to process.

Faulty Product, Damaged, or Dead on Arrival

Please note that all products returned to HOP will be checked and verified by our technicians. Any returned product that is not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.

If you notify a problem to us under this condition, our only obligation will be, at your option:

  to make good any shortage or non-delivery;
  to replace or repair any goods that are damaged or defective; or
  to refund to you the amount paid by you for the goods in question in whatever way we choose.

HOP will not be liable for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.

Limitation of Liability

HOP will not be liable to you for any loss or damage in circumstances where:

  There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
  Such loss or damage is not a reasonably foreseeable result of any such breach;
  Any increase in loss or damage resulting from breach by you of any term of this contract.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

LINKS TO AND FROM OTHER WEBSITES


Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

SWEEPSTAKES, CONTENTS AND PROMOTIONS


Any sweepstakes, contest or similar promotion made available through hop.ca or for which HOP may, from time to time, send e-mail messages to you, will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, User will become subject to its specific official rules. Note, however, that User remains subject to these Terms to the extent they do not conflict with the applicable official rules.

NEWSLETTERS


HOP regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at admin@hop.ca or following the unsubscribe link contained in each of the emails.

LICENCE AND COPYRIGHT


The Company web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under Canadian and International copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

You are permitted to print and download extracts from this Website for your own private use on the following basis:

  no documents or related graphics on this Website are modified in any way;
  no graphics on this Website are used separately from accompanying text; and
  any of our copyright and trade mark notices and this permission notice appear in all copies.

Copyright Infringement

In accordance with Canadian and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to admin@hop.ca or by letter to: Have Our Plastic Inc., 4-6990 Creditview Road, Mississauga, Ontaio, L5N 8R9.

Any rights not expressly granted in these terms are reserved.

REGISTRATION


To register with www.hop.ca you must be at least 18 years of age.

Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

User must complete the registration process by providing Company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a User name and a password.

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify Company immediately of any unauthorized use of their account or any other breach of security. Company will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Company or another party due to someone else using their account or password.

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

We may deny access to any User, at any time, and for any reason. In addition, Company may, at any time, transfer rights and obligations under these Terms to any current or future Company subsidiary or business unit, or any companies or divisions or any entity that acquires Company or any of its assets.

DISCLAIMER


While Company uses reasonable efforts to include accurate and up-to-date information, Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.

Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company web sites or on any external web sites linked to them. In particular, Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.

Without limiting the foregoing, under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd- parties, or loss of or fluctuations in heat, light, or air conditioning.

COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.

USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.

LIABILITY


Company may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.

User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, web site. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.

In no event (including our own negligence) will we be liable for any:

  economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings) ;
  loss of goodwill or reputation;
  special, indirect or consequential losses; or
  damage to or loss of data

(even if we have been advised of the possibility of such losses).

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

INDEMNITY


User agrees to indemnify, defend and hold harmless Company, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
User use of the Company web site(s);
Company's use of any User content or information, as long as such use is not inconsistent with these Terms;
Information or material provided through User’s IP address, even if not posted by User; or
Any violation of these Terms by User.

GOVERNING LAW AND JURISDICTION


These terms and conditions shall be governed by and construed in accordance with Canadian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Canadian courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside Canada. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside Canada, you do so at your own risk and you are responsible for compliance with local laws.

If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Company.

MISCELLANEOUS


Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Incident Reporting: Any complaints regarding violations of these Terms by a User should be directed to Customer Service at admin@hop.ca. Where possible, include details that would assist Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

Complaints Procedure: We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at 4-6990 Creditview Road, Mississauga, ON, L5N 8R9.

ONLINE ACCEPTANCE


You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

No person other than the parties to these terms and conditions are intended to benefit from them.

These Terms represent the entire understanding between User and Company and supersedes any prior statements or representations. USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that User is entering into a binding and legal agreement with Company.

User agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or User agrees to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than Canadian courts.

These Terms and Conditions were last updated, and became effective, on 09/08/2016.

Contact Information: Our contact details are as follows: Have Our Plastic Inc., 4-2825 Argentia Road, Mississauga, ON, L5N 8G6. General email: sales@hop.ca. Tel. 905-821-7550