Terms of Sale

In addition to the Terms of Use which govern your use of this site, Walmart.cai (the “Site”), these Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by Wal-Mart Canada Corp. Wal-Mart Canada Corp. (also operating and referred to herein and on the Site as “Walmart Canada” or “Walmart”) is the supplier for your order. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order.  Please print and retain a copy of these Terms of Sale for your records.

This Site is only available for use by Canadian residents having a Canadian mailing address and only ships products to addresses in Canada.

1. Ordering Process

All advertisements on the Site are invitations to purchase and not offers to sell. Walmart Canada reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order.

You will receive online confirmation that your order has been received by Walmart Canada after you place your order on the Site. This online confirmation that your order has been received by Walmart Canada does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your account.

In some instances, you may have the opportunity to pre-order products (such as DVDs or video games) on Walmart.ca before they are available for sale. When you place a pre-order, your credit card will be authorized, but it will not be charged until the item is shipped to you. If Walmart changes its price between when you preorder and when your item ships, you will be charged the lower of the two prices. Taxes and shipping will apply as of the date of shipping. Delivery will occur after the release date, which is set by the manufacturer or distributor, and is subject to change. Quantities of items available on preorder may be limited.

2. Rejection or Cancellation of Orders

There may be certain orders that Walmart Canada must reject before acceptance or cancel after acceptance. Walmart Canada reserves the right at any time after receipt of your order to accept or reject your order for any reason and Walmart Canada will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Walmart Canada rejects the order, Walmart Canada will have no obligation to fulfill your order and you will have no obligation to pay Walmart Canada for the order. Walmart Canada also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include:

· Limitations on quantities available for purchase;

· Inaccuracies or errors in product or pricing information;

· A product recall on the item that you have purchased; or

· Problems identified by Walmart Canada's credit and fraud avoidance department.

Walmart Canada may also require additional verifications or information before accepting any order. Walmart Canada will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Walmart Canada or if additional information is required to accept your order.

3. Availability and Description of Products

The purchase of products on the Site is subject to availability. In the event that Walmart Canada advises you that any products are no longer available, Walmart Canada will have no obligation to fulfill your order and you will have no obligation to pay Walmart Canada for the order.

Product descriptions, representations, warranties, guarantees and performance claims are provided by our vendors and are not independently verified by Walmart Canada. The accuracy of such representations is the sole responsibility of the vendors. While the Site attempts to be accurate in its product descriptions. Walmart Canada does not represent or warrant that product descriptions or other Content on this Site 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 Walmart Canada's Return Policy

4. Price

By confirming your purchase at the end of the check out process, you agree to pay Walmart Canada the amount set out as the ORDER TOTAL in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described herein (the “Purchase Price”). The ORDER TOTAL is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars to your selected credit card by Walmart Canada in one or more charges as each product is shipped. Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total.

In the event that an item is listed at an incorrect price due to an error in pricing, Walmart Canada will have the right, at Walmart Canada's sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Walmart Canada may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

For your convenience, the Site lists some products that are carried in stores, however, please note that products and prices available for online purchase on the Site may not be the same as those available at Walmart Canada stores. Store pricing and offers will sometimes differ from online prices and offers. Unless otherwise stated, all Was/Is pricing or other offers available on the Site refer to prices offered nationally on the Site only. Walmart Canada stores do not honour prices offered on the Site. Ad Match does not apply to online prices advertised on the Site and is not applicable to orders placed on the Site.

5. Quantity Limits and Dealer Sales

Walmart Canada reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Walmart Canada also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) to a third party.

6. Method of Payment

You may pay for your purchase using VISA, MasterCard or American Express and you authorize Walmart Canada to charge the applicable card for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Walmart Canada will have no obligation to fulfill your order.

All billing and registration information provided by you to Walmart Canada must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

7. Shipment

Your order will be shipped to you by one of Walmart Canada's third party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.

Walmart Canada is not responsible for any loss of the products following shipment from Walmart Canada’s or its agents’ or mandataries’ facilities to your delivery address.

The products you purchased may be shipped to you separately. If your products are shipped separately, the Purchase Price for your items, which includes the shipping fees, will be charged to your selected credit card by Walmart Canada in one or more charges, as products are shipped

8. Cancellation, Returns, Refunds, and Exchanges

You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and Walmart Canada will respect all such applicable laws.

In addition to these statutory rights, returns of product purchased on the Site are governed by Walmart Canada’s Return Policy. Please review the Return Policy and print and retain a copy for your records.

Walmart Canada will not exchange orders made online. Rather, customers who want to exchange an item purchased on the Site will have to return their purchase in accordance with Walmart Canada’s Return Policy and then place a new order for the item they want.

9. Passwords

You are responsible for the security of your account and password. Walmart Canada shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.

10. Privacy

Walmart Canada’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by Walmart Canada’s privacy policy.  Please review this privacy policy and print a copy for your records.

11. Changes to the Terms of Sale

The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the check out process. Walmart Canada may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Walmart Canada you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.

12. Terms Applicable to Specific Products or Services

The terms of use of Walmart Canada’s Photo Centre website, www.walmartphotocentre.ca, (the “Photo Centre Site”) governs any use by you of that site and any order or purchase you make from the Photo Centre Site.

Certain products sold by Walmart Canada are subject to environmental handling, recycling, or disposal fees. These fees vary by product and by province. The fees are collected and remitted by Walmart Canada to environmental management programs implemented in various provinces, and are used to cover costs of recycling, collection, handling, transportation and disposal of products. For more information on individual programs, please visit the website of the environmental management program(s) or government agencies in your area.

13. Order History

The Site will generally display a customer's order history for the preceding three (3) month period. The Site will allow a customer to select a different option for length of time his/her order history is displayed. The maximum amount of time, however, that an order history will be displayed for is two (2) years.

14. Disclaimers of Warranties

Certain goods offered on this Site may have warranties that apply to them if noted on the applicable product page of this Site. These warranties are provided by the manufacturer of these products and not by Walmart Canada. To the maximum extent permitted by applicable laws, Walmart Canada disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. Walmart Canada makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.

15. Limitations of Liability

In no event shall Walmart Canada be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you including for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data.

If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Walmart Canada for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.

The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Walmart Canada had been advised or had reasons to know of the possibility of such damages. 

In this Section 15, reference to “Walmart Canada” means Walmart Canada and its affiliates and their respective officers, directors, employees, contractors, mandataries and agents.

Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This Section 15 shall apply to you to the maximum extent permitted by applicable laws.

16. Export

You acknowledge that the goods sold on the Site, which may include technology and software, may be subject to applicable customs and export control laws and regulations. By purchasing technology or software from the Site, you agree to abide by all such applicable laws and regulations.

17. Applicable Law

These Terms of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Walmart Canada or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.

18. General

These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Site constitute the entire agreement between you and Walmart Canada with respect to any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Walmart Canada to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Walmart Canada's rights with respect to such breach or any subsequent breaches. Walmart Canada shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable shipping delays. You may not assign these Terms of Sale to any third party without the prior written consent of Walmart Canada. These Terms of Sale will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Walmart Canada and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

You may contact Walmart Canada at:

Wal-Mart Canada Corp.
1940 Argentia Road
Mississauga, ON, L5N 1P9
Customer Service: 1-800-328-0402 or Contact Us Online

By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Last updated: August 30, 2013

 

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