Terms of Use

PLEASE REVIEW THESE TERMS CAREFULLY PRIOR TO USING THE WEBSITE OR PURCHASING FROM THE COMPANY. THESE TERMS OR USE LIMIT YOUR LEGAL RIGHTS, AND INCLUDE AN IMPORTANT ARBITRATION REQUIREMENT. IF YOU DO NOT AGREE WITH THESE TERMS OR THE INCLUDED ARBITRATION REQUIREMENT, PLEASE DO NOT USE THIS WEBSITE OR ORDER FROM THE COMPANY.

Welcome to www.GetWipeNew.ca, the home of WIPE NEW® (referred to as “Company”, “we,” “us,”or “our”). www.GetWipeNew.ca is part of Wipe New LLC. Before you begin to use the www.GetWipeNew.ca website (“Company Website”), please take a moment to review this Terms of Use Agreement (“Agreement”). The Agreement describes the terms and conditions applicable to your use of the Company Website and the products and services provided through or in connection with the Company Website, specifically WIPE NEW® (collectively, “Service” or “Product”), which may be updated by Company from time to time without notice to you. Company may also offer other services that are governed by a different Terms of Service. You must read and agree with all of the terms and conditions contained in this Agreement and the Company Website Privacy Policy then in effect (“Privacy Policy”), which is incorporated by reference, before you use the Service. By accessing the Company Website, you agree to abide by the Terms of Use and Privacy Policy. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.

Eligibility

Use of the services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the service.

Company accepts orders via telephone, mail and internet. Acceptable forms of payment include Visa, MasterCard, and American Express (“Electronic Payment”).  Any prices listed are CAD. At the time of your order, we will authorize the full cost of your order which includes the Product as it may be advertised, plus any ancillary options that you select during the order process, as well as shipping & processing fees and any applicable sales tax. This authorization is to verify the validity of your account information and ensure that your card has not been reported lost or stolen by your bank. Although your account will not actually be charged or debited until your shipment is processed, as a result of our authorization funds will be reserved against your account for up to thirty (30) days. By providing your account information, you authorize Company to authorize and settle a charge or debit to your account for this transaction. You agree to timely payment of all charges in accordance with your cardholder agreement with the card issuer. It is your responsibility to report any billing discrepancies to Company within sixty (60) days after such discrepancy appears on your statement.

If your card is declined and you have verified that you have entered your information correctly, please contact your bank directly to resolve issues such as these; your bank cannot provide Company with information about why your payment declined. Another alternative is to select a different payment method.

Shipping & Processing; Sales Tax

Non-refundable shipping & processing fee(s) will be assessed on your order, regardless of payment method. Sales tax will also be assessed, based on the shipping address, at the sales tax rate in effect at the time your transaction is completed. Please add applicable sales tax to your order.

Delivery

All orders ship via ground service with delivery by UPS, FedEx, or other carrier. Shipping time is 10 business days, though in most cases, your order will be delivered within 7-14 days. You do not need to be present to accept delivery of your package. Company is not responsible for delays in making delivery or for failure to make delivery due to causes beyond our control including, but not limited to, acts of regulations of any governmental authority, fire, work stoppages or slow downs, accident, flood, war, national emergency, acts of God, public disorder, transportation shortages or delays, and shortages of fuel or materials.

Please Note: Company makes a good faith effort to ensure the accuracy of all text, including, but not limited to: product descriptions, pricing, availability, and all offerings including the technical coding, functionality, and performance of and as presented via our web sites, and through our process of transaction processing. Our extensive and continual review process coupled with our testing process ensures that the risk of error and inaccuracy is mitigated. However, we reserve the right to review all orders for accuracy and fraud, to the best of our ability, in a timely fashion. As such, we reserve the right to hold and/or cancel orders deemed inaccurate or fraudulent, and limit our responsibility to the cancellation of the order(s), notification of the customer, and refunding of any monies collected.

Customer Service

PRIOR TO INQUIRING ABOUT THE STATUS OF YOUR ORDER, PLEASE ALLOW 2-3

BUSINESS DAYS FOR PHONE/INTERNET ORDERS, FOR THE WAREHOUSE TO RECEIVE YOUR ORDER.

You may track your order status online at www.customerstatus.com. To locate your order you will need to provide two or three of the following pieces of information from your order, so please have this information handy:

– order number

– last name

– email address

– last 4 digits of credit card number

– phone number

– postal code

If a tracking number has been assigned to your order, click the tracking number link at the bottom of the order summary page for up-to-date shipping information.

Phone: 1-877-501-1088 (please have your order number available when you call)

If you have followed all instructions and warnings and Product fails to perform as advertised, Company will refund your purchase price, shipping & processing costs. To request a refund, you are required to submit the following to Company for consideration:

Your original, legible, receipt showing the date, price and retailer from which Product was purchased (circle product, price and date on the receipt) or, if purchased online directly from the Company website or other authorized retailer, the original, legible, packing slip that accompanied your order that shows the retailer, your order number, date of order, and billing and shipping information. PHOTOCOPIES WILL NOT BE ACCEPTED.

Legible photo(s) showing the clean surface(s) immediately before Product application.

Legible photo(s) of surface(s) “after” Product application that supports your claim.

Letter explaining your reason for dissatisfaction.

 

Please make sure that you submit all required documents. We will not consider incomplete requests nor will we contact you or return anything to you for resubmission. Company is not responsible for lost or misdirected mail; we recommend that you keep a record of your shipment (i.e. delivery confirmation or certified mail, return receipt requested) to ensure delivery.

Mail to (please do not call – we will NOT process refund requests over the telephone):

277 Humberline Drive

Toronto, On

M9W 0B6

 

For Electronic Payments, a credit will be issued to the same account used for payment. In either case, please expect up to four (4) weeks to receive your refund allowing 5 to 10 business days in transit for us to receive your correspondence, 5 to 10 business days for us to review and process your claim, and another 5 to 10 business days for your bank to process your credit or for receipt of your refund check by mail. If Electronic Payment and you have not received your refund within the time frame indicated herein, you will need to address such concerns with your credit card company and/or bank directly. If there is a problem, please contact Company and we will gladly provide a credit receipt for the refund that was processed.

This warranty gives you specific legal rights, and you may also have other rights which vary from province to province.

Privacy

Company respects your privacy. Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. See Privacy Policy for additional information regarding your privacy on this website.

If you have questions about these Terms of Use of the Privacy Policy please e-mail cgeronimo@rustoleum.com.

Contents and Linking

All material that appears on this website is for general informational purposes only listed in an effort to educate you regarding our Services. While we try to ensure that any information we post to this website is both timely and accurate, errors may appear from time to time. This website may not be updated regularly, and certain information may not be the most current information available. Though we may post follow-up information and reports, and may continue to provide access to the original information and reports, before you act on information you’ve found on our website, you should independently confirm any facts that are important to your decision.

Company is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Company or its licensors.

Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of Company or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, Company and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website should be sent to Rustoleum Consumer Brands Canada, 200 Confederation Parkway, Concord, ON, L4K 4T8.

Trademark & Patent Information

Company and its trademarks and service marks, logos and product and service names and phrases which Company now claims or may claim in the future are trademarks of Company (the “Company marks”). You agree not to display or use the Company marks in any manner, without Company’s prior written permission.

Termination

Company reserves the right at any time to terminate your use of this website if you fail to comply in full with any term of this agreement, or any other terms, agreements, or policies that apply to this website and the use of it.

Indemnification

You agree to indemnify, defend, and hold harmless Company (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defense.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF THE WEBSITE.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent a court determines any provisions in this Agreement to be unenforceable; such a determination shall not affect the validity of the remaining terms of this Agreement, which shall remain in full force and effect.

Special Admonitions for International Use

Changes to Terms of Use

We may periodically change the Terms of Use and the Site without notice, and you are responsible for checking these Terms of Use periodically for revisions. All amended Terms of Use become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

No Resale of Service

Unless expressly permitted in writing by Company, you agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the service, use of the service, or access to the service