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Terms and Conditions

Your use of the Finders Fine Foods™ website (the "Website") constitutes your acceptance of the following terms and conditions (the "Terms and Conditions"). Therefore, please take the time to review them carefully. If you do not agree with any of these Terms and Conditions, do not use the Website.

Operator

The Website is operated by Finders Fine Foods™. The mailing address for Finders Fine Foods™ is:

Finders Fine Foods™
120 - 13100 Mitchell Road
Richmond, B.C.
Canada V6V 1M8
Tel: 1-888-728-8874

Modifications and Updates to These Terms and Conditions

Finders Fine Foods™ reserves the right to update or modify (collectively "change") these Terms and Conditions at any time without prior or any notice to you. Your use of the Website following any such change constitutes your agreement to follow and be bound by these Terms and Conditions as changed. For this reason, We encourage you to review these Terms and Conditions whenever you use this Website.

Ownership and Permitted Use

All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively "Content"), are subject to trademark, service mark, trade dress, copyright, patent and/or other intellectual property rights owned by or licensed to Finders Fine Foods™. The entire Content is protected as a collective work under the copyright laws of Canada and other countries, and Finders Fine Foods™ owns all copyright in the selection, co-ordination, arrangement and enhancement of the Content. The Content and the Website, as a whole, are intended solely for personal, non-commercial use by the users of the Website. You may download, print and store selected portions of the Content, provided you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright, trademark or other proprietary notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Finders Fine Foods™ reserves complete title and full intellectual property rights in any Content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, rent, lend, share, translate, communicate by telecommunication, transfer or create derivative works from the Content, without first obtaining express written permission from Finders Fine Foods™.

Finders Fine Foods™, and all other trademarks and design marks displayed on the Website (collectively, the "Trademarks") are registered and/or common law trademarks of Finders Fine Foods™, or their respective owners. The trademarks of any third parties that appear on the Website are used under license. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Finders Fine Foods™ or such other party that may own the applicable trademarks.

Finders Fine Foods™ reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Finders Fine Foods™ believes that customer conduct violates applicable law or is harmful to the interests of Finders Fine Foods™ or any third parties.

its sole discretion, in addition to any other rights or remedies available to Finders Fine Foods™ and without any liability whatsoever, Finders Fine Foods™ at any time and without notice may terminate or restrict your access to any component of this Website.

Feedback

We welcome your comments and feedback, by email, regular mail of fax, regarding the Website or our services. If you provide to us any comments, questions, information, suggestions or the like (collectively, "Comments"), you grant Finders Fine Foods™ a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, communicate by telecommunication and display such Comments throughout the world in any media, now known or hereafter developed, and you waive any and all moral rights in the Comments. You also grant Finders Fine Foods™ the right to use the name you submit with the Comments, if any, in connection with Finders Fine Foods™' rights hereunder. Finders Fine Foods™ will not be subject to any obligation of confidentiality regarding Comments, unless Finders Fine Foods™ expressly agree to such obligation in writing. You represent and warrant that you have the right to grant the license granted herein with respect to Comments.

You are prohibited from contributing, posting or transmitting to the Website, any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

Correction of Errors and Inaccuracies

The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase you may return it in accordance with our Returns Policy and Guarantee, the terms of which are incorporated into these Terms and Conditions by Reference.

Privacy

You have read our Privacy Policy, the terms of which appear on the Website and are incorporated by reference into these Terms and Conditions, and agree that the terms of such Privacy Policy are reasonable. You consent to the use of your personal information by Finders Fine Foods™ and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy.

Pricing and Making a Purchase

All prices are quoted and payable in Canadian dollars. Due to competitive market pressures, prices are subject to change without notice. Appropriate shipping and handling charges will be added to your order. By following the purchase procedure and clicking on the appropriate buttons on the Website, indicating your desire to purchase the products that you have selected and placed in your shopping cart, you offer to purchase those products from Finders Fine Foods™ at the prices shown on the Website, and authorize Finders Fine Foods™ to charge the aggregate price of the selected products to the credit card that you have provided. Finders Fine Foods™ reserves the right, at its sole discretion, not to accept any offer to purchase products from the Website.

Risk of Loss

Any products purchased from the Website are delivered to you by a third party delivery company, pursuant to a shipping contract. The risk of loss for such products passes to you at the time of delivery by Finders Fine Foods™ to the third party shipper.

Product Warranties

If a product is defective, the manufacturer's warranty, if any, for such product may apply. You may contact Finders Fine Foods™ for details of any particular manufacturer's warranty. If there is no manufacturer's warranty, then Finders Fine Foods™’ express Returns Policy and Guarantee applies.

Product Returns

All returns of products purchased on the Website must be processed in compliance with Finders Fine Foods™’ express Returns Policy and Guarantee./p>

DISCLAIMERS

THE WEBSITE IS OPERATED BY FINDERS FINE FOODS™ ON AN "AS IS," AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, FINDERS FINE FOODS™ AND ITS AFFILIATES, SUBSIDIARIES AND RELATED CORPORATE ENTITIES (COLLECTIVELY, THE "FINDERS FINE FOODS™ BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR ANY PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, THE FINDERS FINE FOODS™ BUSINESSES DISCLAIM, WITH THE SOLE EXCEPTION OF THE EXPRESS WARRANTY PROVIDED FOR IN THE RETURNS POLICY AND GUARANTEE, ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO ANY PRODUCTS OFFERED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR OR ANY PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT.

WITHOUT LIMITING THE FOREGOING, THE FINDERS FINE FOODS™ BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, THE FINDERS FINE FOODS™ BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.

THE FINDERS FINE FOODS™ BUSINESSES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.

THE FINDERS FINE FOODS™ BUSINESSES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE.

THE FINDERS FINE FOODS™ BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE.

THE FINDERS FINE FOODS™ BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL THE FINDERS FINE FOODS™ BUSINESSES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED SAVINGS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE FINDERS FINE FOODS™ BUSINESSES OR ANY OF THEM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING, FOR ANY REASON THE FINDERS FINE FOODS™ BUSINESSES OR ANY OF THEM ARE FOR ANY REASON FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENTS OF THE WEBSITE OR ANY PRODUCT SOLD ON THE WEBSITE, THEN THE TOTAL AGGREGATE LIABILITY OF THE FINDERS FINE FOODS™ BUSINESSES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

You shall indemnify and save harmless the Finders Fine Foods™ Businesses and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable legal, accounting and other professional fees, brought against or suffered or incurred by the Finders Fine Foods™ Businesses as a result of your use of the Website, including without limitation the posting or providing of any Comments, or ordering of products from the Website.

Links

The Website may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Finders Fine Foods™ Businesses of the linked web site or information contained therein. The Finders Fine Foods™ Businesses shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

Governing Law

These Terms and Conditions, your use of the Website, and your purchase of products from the Website will be governed by and interpreted pursuant to the laws of the Province of British Columbia, Canada, and these Terms and Conditions and the contract that is formed when your offer to purchase products from the Website is accepted by Finders Fine Foods™ shall be treated in every respect as British Columbia contracts. You consent and submit to the exclusive jurisdiction of the courts of British Columbia, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy, Points Program Policy, the Returns Policy and Guarantee and all other terms and conditions that are incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by the express agreement of Finders Fine Foods™ in writing, or by Finders Fine Foods™ making such amendments or modifications available to you pursuant to a modification of these Terms and Conditions as permitted herein. No waiver of any provision of these Terms and Conditions shall be deemed or shall constitute a continuing waiver of such provision nor shall such waiver be deemed or constitute a waiver of any other provision.

Returns Policy and Guarantee

Finders Fine Foods™ guarantees your satisfaction with any item purchased. If, after inspecting your order, you are not completely satisfied, it may be returned, unused and in the original packaging, within fifteen (15) days of the date that you received your order. All shipping and handling charges are non-refundable.

All returns must be pre-approved and a Return Authorization Number issued. All delivery charges must be prepaid by you.

How to Make a Return

Contact Finders Fine Foods™ to obtain a Return Authorization Number and ship via a prepaid, insured, traceable method to ensure a safe delivery, documented with the Return Authorization Number and the original packing slip. To ensure prompt handling, all returns must be authorized in advance by the issuance of a Return Authorization Number. We must receive your return within fifteen (15) days of the date that you received your order.

E-mail us at info@powershopper.com to obtain a Return Authorization Number. At this time you must advise Finders Fine Foods™™ of your preference to either issue a credit card credit or a replacement for the returned item. Notwithstanding your stated preference, Finders Fine Foods™ may, in its sole discretion, issue a credit card credit or a replacement for the returned item. If you have purchased through your pre-approved Account, then that Account will be credited. No cash refunds will be made under any circumstances. All shipping and handling charges are non-refundable. The Return Authorization Number will help us keep track of your shipment when received at Finders Fine Foods™

Returns without a Return Authorization Number will be refused. The Return Authorization Number must be clearly and visibly marked on the outside of the package or the package will be refused. We must receive your return within fifteen (15) days of the date that you received your order.

Please do not accept a package at the time of delivery if it has been opened or damaged. If damage is noticed after opening the packaging, please keep all original packaging, as the carrier may want to inspect it as part of their claim processing. Contact Finders Fine Foods™ immediately, so that we may process the claim and make arrangements for a replacement.

Where to Return an Item

Please return prepaid package(s) to the nearest Finders Fine Foods™ warehouse location:

In the West
All returns must be shipped prepaid to:
Finders Fine Foods™
120 - 13100
Mitchell Road
Richmond, B.C.
Canada V6V 1M8
Tel. 1-877-255-0555

In the East
All returns must be shipped prepaid to:
Finders Fine Foods™
Unit 2 - 15 Precidio Court
Brampton, Ontario
Canada L6S 6B7
Tel. 1-888-728-8874

Credits to Your Charge Card

A credit will be issued promptly upon our receipt of your return in accordance with our Returns Policy and Guarantee. Shipping and handling charges are non-refundable. Please allow up to two billing cycles for a refund to appear on your credit card statement.

Finders Fine Foods™ may, in its sole discretion, issue a credit card credit or a replacement for the returned item.