Terms And Conditions
), and that you will comply with the terms and provisions hereof.
Restrictions on Use
- Co-branding: You will not display CAPS brand, trademarks, or logos on any website not affiliated with CAPS or one of its various partners.
- Framing: You will not frame CAPS website within any structure or navigation element of a website not affiliated with CAPS or one of its partners.
- Hyperlinking: You will not provide a hyperlink to CAPS website on an unaffiliated website, unless you are allowed to do so by CAPS at its own sole discretion.
You agree to cooperate with CAPS and immediately cease any instances of branding, framing, or unauthorized hyperlinking upon request. You also agree to avoid acting in a manner that disables, overburdens, damages, or impairs the ability of others to use the CAPS website. You may not access, or attempt to access, information or confidential materials which are not intentionally made available through the CAPS website.
- Proprietary material or intellectual property belonging to CAPS or a third party
- Materials describing or advocating for illegal activity or expressing the desire or intent to commit a crime
- Vulgar, obscene, or pornographic material
- Threats, abuse, libel, defamation, harassment, or threatening or offensive language
- Materials that harm or exploit children and minors
- Names, phone numbers, addresses, email addresses, or other personal details of any third party
- Misleading or exploitative content, or any material that impersonates or misrepresents another entity or person
- Material that is not properly attributed to the appropriate author or legal owner
- Material consisting of personal or commercial solicitations, "spam," chain letters, or any other mass messaging
- Material that contains malware, viruses, or any other destructive mechanism that poses a risk to the website
- Solicitations for political campaigns or a political candidate
Third Party Links and Hyperlinks
CAPS website may be hyperlinked by other websites not owned or maintained by CAPS or its affiliated parties. CAPS does not sponsor traffic to its website from external sources, and these links are provided as a service to users of those respective sources. When you follow a link to a third party website from CAPS website and access external content, you agree to the respective third party policies and terms of the websites you visit. CAPS is not responsible for the content of external third party links, which you should access at your own risk and discretion. CAPS does not guarantee the completeness, accuracy, or safety of third party links. CAPS provides hyperlinks as a convenience to customers and website users, and links to third party websites do not represent an endorsement of other organizations, their products, or their services by CAPS.
CAPS does not assume any responsibility for your use of the Internet or the downloading of potentially harmful files. You are responsible for protecting your computers and mobile devices from viruses, malware, worms, Trojan horses, and other security risks that may harm the integrity of your hard drive, files, or operating systems. You are responsible for protecting your data with personal anti-virus software, firewalls, and other sufficient programs, and recovering your lost data, in the event of a security breach or malfunction.
CAPS MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY LAW OR OTHERWISE, WITH REGARD TO THE USE OF OUR WEBSITE AND OTHER DIGITAL PLATFORMS, OR ANY PRODUCTS OR SERVICES PURCHASED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF CAPS WEBSITE IS AT YOUR OWN RISK, AND THE CONTENT CONTAINED ON OUR WEBSITE IS PRESENTED AS IS AND WITHOUT GUARANTEE AGAINST ERRORS, DEFECTS, OR SECURITY RISKS. WARRANTIES ON PRODUCTS MAY BE AVAILABLE FROM THE MANUFACTURER THEREOF. WE MAKE NO WARRANTY REGARDING, AND ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF, INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY YOUR USE OF THE WEBSITES AND OTHER DIGITAL PLATFORMS.
You are responsible for the entire cost of servicing, repairing, or correcting any loss or damage resulting from the use of CAPS website. Prices and availability of products sold on CAPS website may change without notice. CAPS does not assume responsibility for your use of the Content on its website and cannot be liable if your actions infringe on the rights and privacy of others. All of the information on the CAPS website applies only as of the posted date, and CAPS has no obligation to update or remove such information upon request. Limitation of Liability CAPS and the "Indemnified Parties" (defined below) will not be liable or responsible for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if CAPS was advised of the possibility of such damages. At no point will the collective liability of CAPS or any of the aforementioned parties (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to CAPS for the applicable Content or service out of which liability arose.
Choice of Law and Jurisdiction
Tracking Information Legal Restrictions
Termination or Restriction of Access
- Disputes and Claims: If any dispute or claim of any type arises between us with regard to your use of the CAPS website or any products or services sold or distributed through the website, the dispute or claim will be resolved in Ontario, or remotely, by binding arbitration, rather than through the courts. The exception to this requirement is described in subparagraph (e) below. In arbitration, there is no judge or jury. The arbitrator, however, can award damages just as a judge or jury can.
- Arbitration Procedures: Any arbitration proceeding will be administered by a certified arbitrator in accordance with the provisions of the Arbitrations Act, 1991, S.O. 1991, c. 17("the Act"). We will jointly select a single arbitrator, but if we cannot agree on the selection of an arbitrator, we will each select our own arbitrator, and the two arbitrators so selected will in turn select a third, who will be the arbitrator who will conduct the arbitration. The arbitrator may conduct the arbitration by teleconference or videoconference. If the arbitrator deems it necessary to conduct the arbitration in person, the arbitration will be held in Ottawa at a location which is mutually agreeable to us. In the event we can't agree on a location, the arbitrator shall choose a location in Ottawa, taking into account the cost and ability to travel of the parties.
- Arbitration Fees and Incentives: The Act will govern payment of all arbitration fees.
- No Class Actions: We agree that all disputes between us will be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
- Exceptions to Agreement to Arbitrate: Either you or CAPS may assert claims, if they qualify, in small claims court in Ottawa, Ontario only. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration procedure described above.
- YOU UNDERSTAND: BY AGREEING TO ARBITRATE ALL DISPUTES AND CLAIMS AS SET FORTH ABOVE, THAT YOU ARE WAIVING YOUR RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM THROUGH OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. YOU UNDERSTAND AND AGREE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY AND, PURSUANT TO SUBPARAGRAPH (d) ABOVE, YOUR RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS, ACTIONS , OR CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS OF ANY KIND. YOU ALSO AGREE NOT TO COMMENCE A DISPUTE AGAINST ANY OTHER PERSON OR CORPORATION WHO MIGHT CLAIM CONTRIBUTION OR INDEMNITY AGAINST CAPS UNDER THE PROVISION OF A CONTRACT OR THROUGH A CLAIM IN NEGLIGENCE. IF YOU DO COMMENCE SUCH AN ACTION OR TAKE ANY SUCH PROCEEDINGS, THEN THE YOU WILL BE LIABLE FOR THE LEGAL COSTS INCURRED BY CAPS IN ANY SUCH PROCEEDING ON A SUBSTANTIAL INDEMNITY SCALE. THESE TERMS SHALL OPERATE CONCLUSIVELY AS AN ESTOPPEL IN THE EVENT OF ANY CLAIM, ACTION, COMPLAINT, CAUSE OF ACTION, PROCEEDING OR DEMAND WHICH MIGHT BE BROUGHT IN THE FUTURE BY YOU.
- Governing Law: Arbitrations Act, 1991, S.O. 1991, c. 17 and other Provincial and Federal Laws will govern this agreement to arbitrate. Except for the provision relating to the waiver of class and representative actions, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the remainder of this agreement to arbitrate shall remain in effect.
For more information on CAPS privacy practices and policies, please see the company's Privacy Statement
At the time you place your order, our system will validate the credit card information you provided and verify that funds are available in your account. If the information you provided during checkout fails to coincide with the information on file for the credit card you used, our security system will deny your order. If the information you provided is accurate, your credit card will be charged for the full amount of your order on the day that your order is shipped.
Shipping and Delivery
All delivery dates provided by CAPS are based upon the package size and weight of the order, and are estimates only. CAPS cannot guarantee the speed or accuracy of delivery dates provided by any of its commonly used shipping partners. CAPS is also not responsible for the security of deliveries that are missing or stolen from the delivery location. Deliveries become the sole responsibility of the customer once the order has reached the address indicated in the tracking information. CAPS does not guarantee that your order will be replaced or refunded in the event of a lost or stolen package.
CAPS does not provide a price match or low price guarantee when you make a purchase from our online store. Because actual pricing and sales tax costs vary from location to location, CAPS also does not guarantee the actual pricing for products sold at any of our stores. Your final total for purchases that you make online, or at any of our retail locations, may not reflect the same dollar amount that you would pay at another one of our stores.
Clearance and Promotional Items
Clearance prices are only good while supplies last, and are provided on a first come, first served basis. CAPS does not offer back orders or rain checks on clearance items. Our stores are not able to order, restock, or transfer in any clearance items, and CAPS does not substitute any other items for a clearance-priced item. Other sales, discounts, or promotional codes will not be applied to clearance pricing, and CAPS does not offer large quantity discounts. Clearance items are not eligible for, or count toward, any shipping promotions or discounts, even when combined with other items in your order. CAPS does not ship any clearance item, part, or product to another store. All sales for clearance items are final, and clearance items are sold "as is." Clearance items cannot be returned or refunded. CAPS does not guarantee that the quantity of clearance items you order will be shipped. All quantities shown for clearance items are estimates, and if CAPS does not have the quantities you request when your order is processed, you will receive the quantities available to ship.
Your card is redeemable solely at CAPS retail stores. Your card is not redeemable for cash or credit. You should protect your gift card like cash. Your gift card is not a credit or debit card and has no implied warranties. CANADIAN AUTO PARTS SUPPLIERS, is the sole Issuer of your card, and the sole obligor to the card owner. The Issuer of the gift card may assign its rights and duties as Issuer in their entirety to any affiliate or other Issuer without recourse or consent of the gift card owner. If assigned, the Issuer shall have no obligation to the gift card owner, and the new Issuer will be the sole obligor. The Issuer is not responsible or liable for lost, stolen, or damaged cards, or for cards used without your permission except as required by law. Purchase, acceptance, or use of your card constitutes acceptance of these Terms and Conditions, which are subject to change without notice to the fullest extent permitted by law. Prices may change without notice. errors and or omissions must be reported with 7 days, all pick-ups must be made within 30 days, after 30days pick ups will not be allowed, refunds will not be issued.