Terms of Sale
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Sawmill Bay Shellfish Company (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- add the products you wish to purchase to the shopping cart
- proceed to the checkout
- enter your billing address and choose your delivery option
- you will then be transferred to the PayPal, who handle our payments
You will then either receive an order confirmation from us, or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
Detailed description of Sawmill Bay Shellfish Company products can be found on our website.
Price and Payment
Prices for products are quoted on our website. We will verify prices as part of our sale procedures so that a product’s correct price will be stated before you are directed to PayPal for payment.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated before you are directed to PayPal for payment.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all taxes (where applicable). Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Payment for all products must be made online via PayPal, or by card over the telephone.
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
We will arrange for the products to be delivered to the address or pick up point indicated in your order.
We will use reasonable endeavours to deliver products in accordance with the delivery information given on this website. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
Risk and Ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
- delivery of the products; and
- receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Due to the nature of our products, refunds are not available unless the product we supply is defective in any way. For defective products, we will refund the order in full.
Limitations of Liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
Images of products on our website are for illustrative purposes; actual products may differ from such images.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of the ‘limitations of liability’ section: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be regulated by Canadian law in the courts of British Columbia.
Sawmill Bay Shellfish Company is incorporated in British Columbia. Our incorporation number is BC0790240. We are HST registered, our registration number is 850506189. The registered address is: Sawmill Bay Shellfish Company Ltd, Box 233, Heriot Bay, British Columbia, V0P 1H0, Canada.
We can also be contacted by email (email@example.com) and phone (1250 285 2724).