CANADA TERMS AND CONDITIONS LAST UPDATED: December 13, 2018
Introduction and Acceptance of Terms
Our Websites offer consumers a convenient way to find, learn about, and purchase products from BIC Inc. official websites and applications (“Websites”, “we”,” us”, or “our”). We provide our Websites subject to the terms and conditions set forth herein (the “Agreement”). The terms of this Agreement apply whether you are just visiting our Websites or are a registered Account user (as described below). By using our Websites, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms set forth in this Agreement, you may not use our Websites. Additional terms may govern certain features or content that we offer or may offer on our Websites, such as offers, subscription services, product personalization, submission programs, contests or sweepstakes. By participating in any activity on a Website that is governed by additional terms, such as submission guidelines, offer terms or Official Rules for a contest or sweepstakes, you agree that you will be subject to those additional terms in addition to this Agreement.
To make a purchase via our Websites, you must be a legal resident of Canada and be at least the age of majority where you reside. If you are a minor in your jurisdiction of residence, you must have to agreement of your parent/legal to this Agreement to make a purchase via our Websites. To place an order on www.biclogolighter.ca or to order BIC Lighters, you must have reached the age of majority where you reside and must be acting for business or commercial purposes, not personal, family, household, or other consumer purposes.
Privacy and Legal Notice
BICLOGOLIGHTER.CA TERMS AND CONDITIONS:
www.biclogolighter.ca is operated by BIC Inc. (“BIC”). www.biclogolighter.ca is not intended for direct to consumer sales. It is intended only for the sale of BIC imprinted logo lighters incorporating artwork, designs, words or phrases (“Artwork”) for businesses to use for distribution to third parties or resale to an end user and is not intended for direct to consumer sales.
The following terms and conditions are applicable to www.biclogolighter.ca. By using this site, or placing an order with us, you agree to all of these terms and conditions, both on your own behalf, and on behalf of the business you represent. You represent and warrant to BIC that you have all the authorization necessary to bind the business you represent to these terms and conditions.
Acceptance of Terms- ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON US UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF OURS. Your assent to these terms and conditions shall be conclusively presumed from your placement of an order with us. If your purchase order or other correspondence contain terms or conditions contrary to or in addition to the terms and conditions contained herein, acceptance of any order by us shall not be construed as our assent to such contrary or additional terms and conditions or constitute a waiver by us of any of the terms and conditions contained herein. Any reference to your purchase order by us or you or any method of ordering, shall not affect or limit the applicability of the terms and conditions contained herein. Your order will be subject to our Production Guidelines which you hereby agree to.
Your Account and Password
The use of the website requires the user to have established a user account (an “Account”). There is no charge to establish or maintain an Account. You are only authorized to create and use one account to place orders. To establish an Account, you must provide your name, your Business Name, a phone number, an address, Province/Territory of Incorporation, Ship to address, Goods and Services Tax (“GST”) Tax number, Tax Certificates, a valid e-mail address and such other information as we may require from time to time. We may also require additional verifications or information before setting up your account.
Once an Account is established, you may need to create a log-in with a user name and password to access and order from the www.biclogolighter.ca Website. You are solely responsible for maintaining the confidentiality of your user name and password(s) and for restricting access to your computer, and for all activities that occur under your Account. We will not be liable for any loss that you may incur as a result of someone else using your Account, user name or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account, user name and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account, user name and/or password(s) and any other breach of security relating to our Websites or ordering process. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date. We are not responsible for your failure to comply with this clause, or for any delay in deactivating your Account after you have reported any unauthorized use to us.
We reserve the right to terminate any Account at any time in our sole discretion, including without limitation for any failure to comply with these Terms, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.
Making a Purchase
If you wish to purchase BIC products, you will be asked to supply certain information, including but not limited to credit card information. Credit card information is collected and processed by our third party payment processor. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, any additional fees, if any, relating to such purchases and transactions. Credit card orders shipped to a location other than your billing address may require additional verification.
Tax is collected in those Provinces/Territories where required.
To purchase logoed lighters, you may call or email Customer Service using the information provided on the website or, when available, order through the Website. We will provide you with a quote sheet for your order, and require you to provide us with your Artwork proof approval. You may be required to provide us with an Authorization to process the order. Once you have provided us with all the necessary documents, your order will be processed, and you will be invoiced or charged the agreed amount. We may contact you by email, telephone, or using other communications methods to facilitate this process.
The products and services described on our Websites are available only for purchase and use in Canada. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via our Websites.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion. Without limiting the generality of any other section of these terms and conditions, we reserve the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of these terms and conditions. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your order will be reduced accordingly.
If you have any questions concerning your order, please contact our Customer Service team.
Order Acceptance - All orders are binding upon us only after acceptance by us. Your order, our receipt of your Artwork submission, or our receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. In such cases, your invoice or credit card charge will be adjusted accordingly. All orders placed by credit card are processed and pending at the time the order is submitted. If you have any questions concerning your order, please contact Customer Service.
All orders are subject to credit or additional verifications by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of these terms and conditions.
If we do not believe that we will be able to fill your order within thirty (30) days of the date of acceptance (such as, for example, if the product is out of stock or has been discontinued), we reserve the right to notify you of the same by email and to cancel your order for that item.
Changes - Orders may be changed or amended only by agreement between you and us regarding the particular changes to be made and the effect, if any, of such changes on the price and date of delivery.
After your order is completed, if you request any change to or additional services listed in the Production Guidelines, we may cancel your order and you will have the opportunity to reorder with your requested changes and/or additional services. After the final Artwork proof has been approved, orders cannot be changed or canceled. Production begins upon the acceptance of the order by us and/or after your Artwork proof approval.
You may not cancel your order unless such cancellation is expressly agreed to in writing by us. In event of a change or cancellation, we will advise you of any charges, and you agree to pay such charges, which may include, but are not limited to, restocking fees, storage and shipment costs, costs of producing non-standard materials, and any other costs incurred by us as a result of a change to or cancellation of this order by you.
Delivery, claims, delays – We charge shipping and handling for all orders. You will have the opportunity to find out what your shipping and handling charges are prior to placing your order.
Title to the products and the risk of loss passes to you at delivery destination (i.e., at the time of receipt by the consignee). We reserve the right, in our discretion, to determine the exact method of shipment. We reserve the right to make delivery in installments, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve you of your obligations to accept remaining deliveries. You may receive shipments in separate boxes.
Orders will only be shipped to valid addresses within Canada. However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped. Please see Production Guidelines for details.
We reserve the right to use the shipping carrier of our choice.
Immediately upon your receipt, or your customer’s receipt of any products shipped hereunder, you or your customer shall inspect the same and shall notify us in writing of any claims for shortages, defects or damages and shall hold the products for our written instructions concerning disposition. If you or your customer shall fail to so notify us within two (2) business days after the products have been received by you or your customer, such products shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by you.
We shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond our reasonable control, including, without limitation, acts or omissions of you, embargo or other governmental act, regulation or request affecting the conduct of our business, computer malfunction, fire, explosion, accident, theft, vandalism, riot, acts of declared or undeclared war, terrorism, national emergency, civil unrest, strikes or other labor disputes or difficulties, epidemics, lightning, flood, earthquake, windstorm or other unusually severe weather condition or acts of God, or inability to obtain labor or materials through our regular sources.
Allocation of products - If we are unable for any reason to supply the total demands for products specified in your order, we may allocate our viable supply among any or all customers on such basis as we may deem fair and practical, without liability for any failure of performance which may result therefrom.
Payment - You have a legal obligation to pay for any orders made by you. By completing an order, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your order, either by credit card or other permitted payment method. If you do not complete or improperly complete your order it may not be accepted or acknowledged. Your payment options will be available on the Payment page. If you are approved to purchase products or use certain services described on our Website by invoice, terms of sale are net 30 days from date of invoice, unless otherwise stated. If you wish to purchase products or use certain services described on our Websites by credit card, you will be asked to supply certain information, including but not limited to credit card information to our third party payment processor. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is collected in those jurisdictions where required.
If your financial condition results in our insecurity, we may, without notice to you, delay or postpone the delivery of the products (and we shall not be liable for any compliance penalties or deductions); and we, at our option, are authorized to change the terms of payment to payment in full or in part in advance of shipment of the entire undelivered balance of said products. In the event of your default in the payment of the purchase price or otherwise, of this or any other order, we, at our option, without prejudice to any other of our lawful remedies, may defer delivery, cancel any outstanding orders, or sell any undelivered products on hand for your account and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price, and you agree to pay the balance then due to us on demand. You agree to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by you in any of the terms hereof. If you have any questions concerning your payment options, please contact Customer Service.
Taxes and other charges - Any use tax, sales tax, excise tax, or any other tax, fee, fine, penalty, or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between us and you, shall be paid by you in addition to the prices quoted or invoiced. In the event we are required to pay any such tax, fee, fine, penalty, or charge, you shall reimburse us therefore; or, in lieu of such payment, you shall provide us at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee, fine, penalty, or charge.
Pricing – All prices are subject to change without notice.
Credit – All orders are subject to the approval of our Credit Department. We may at any time refuse to make shipment or delivery if you fail to fulfill the terms and conditions of payment in compliance with our credit policies (and we shall not be liable for any compliance penalties or deductions). Our credit policies and practices may be changed at any time. We may require payment in full or other security in advance according to policies. You may be required to complete a Credit Application.
Warranties - We warrant that our products shall (a) substantially conform to the description of such products as provided to you by us through our publicly available specifications for such products in effect at the time of delivery; and (b) be free from defects in material, workmanship and design. THIS WARRANTY IS EXCLUSIVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Our warranties made herein shall not be effective in the event of any act, error, neglect or default of you or any third party (including without limitation, modification, manipulation or alteration of any products shipped hereunder, use other than for their intended use, failure to appropriately store, ship or handle any such products) or in the event of any breach of these Terms and Conditions by you. No agent, employee, sales representative or distributor of ours has any authority to bind us to any affirmation, representation or warranty except as provided in this Section. You hereby acknowledge that you have not entered into this transaction in reliance upon any warranty or representation by any person or entity except for the warranties and representations specifically set forth herein.
Our sole and exclusive liability and your exclusive remedy with respect to products proved to our satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in our sole discretion, upon the return of such products in accordance with our instructions. All claims must be brought within one (1) year of shipment, regardless of their nature.
You shall notify us in writing within fifteen (15) days of your receipt of knowledge of any accident, or incident involving our products which results in personal injury or damage to property, and you shall fully cooperate with us in the investigation and determination of the cause of such accident and shall make available to us all statements, reports and tests made by you or made available to you by others. The furnishing of such information to us and any investigation by us of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by us.
WE SHALL NOT IN ANY EVENT OR UNDER ANY CIRCUMSTANCES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY OUR GROSS NEGLIGENCE.
In the event that you yourself, or if you knowingly sell to a third party who: modifies, manipulates or alters the products shipped hereunder; uses any such products other than for their intended use; is not properly licensed or authorized to conduct its business; fails to comply with the applicable laws, rules, regulations, and ordinances; or fails to appropriately store, ship or handle such products, you do so at your sole risk and liability. You shall defend (with counsel acceptable to us), indemnify and hold us harmless from and against any and all claims, actions, loss, damage, injury, penalties, fines, costs, expenses, or arising out of or resulting in any way from such activities.
Recalls – In the event of any product recall initiated by either us or a government agency, you may return all recalled product to us in accordance with our instructions and you must comply with our return policies and procedures. In no event shall we be liable for incidental, consequential or special damages of any kind resulting from any product recall, including, without limitation, loss of revenue or profits.
Returns - Products may not be returned for credit or product replacement except with our permission, and then only in compliance with our return shipment instructions. Any returned items may be subject to return shipping and other processing fees.
If products must be returned, our Customer Service will provide you with specific shipping instructions and mailing materials.
Authorization and Indemnification -
We do not own the Artwork you submit for logo imprinting. You are granting us a limited, non-exclusive license to use the submitted Artwork for the manufacturing of your imprinted product. Further, you waive all moral rights in and to your submitted Artwork to the extent necessary for this purpose.
You agree that we have no duty or liability, now or in the future, with respect to your use of someone else’s Artwork in any materials developed or created and/or incorporated into the Artwork.
You may be contacted to confirm that you have the appropriate authorization or permission to use your submitted Artwork.
We assume no responsibility for determining the proper ownership or proper use of trademarks, logos, trade names, copyright, and any other intellectual property or proprietary rights in any Artwork you submit. All liabilities of this nature rest with you.
By placing an order with us, you represent and warrant that you have the authority, permission, license and/or release to order, purchase and distribute merchandise containing the names, trademarks, logos, copyrights, and any other intellectual property or proprietary rights, etc. identified in your order (“Authorization(s)”). You also agree to indemnify, defend and hold harmless us, our parent, subsidiaries and its affiliates and representatives, from and against all claims, liabilities and expenses (including attorney’s fees) arising out of or related to any actual or alleged infringement or misappropriation of any trademark, copyright or any other intellectual property or proprietary right in respect of such merchandise. This provision will remain in effect after delivery of your order.
Information (including, but not limited to, information relating to product descriptions, pricing, promotions, offers, and/or availability) provided on this website are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the website that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel orders if any information on a website is erroneous or inaccurate at any time without prior notice (including after you have submitted your order).
(a) BIC Inc. is the only authorized importer of our branded products into Canada. Any import or purchase (or assistance therewith) of our branded products that were not intended for sale and distribution in Canada, or any export (or assistance therewith) of our branded products that were intended for sale and distribution only in Canada, shall be deemed a material breach of these Terms and Conditions. In the event of any such material breach by you, we may immediately terminate business with you and we may assert any claim for damages against you, including anticipated and lost profits, and incidental, consequential or special damages, and any expenses whatsoever including attorney’s fees which may be incurred by us. Such rights shall be in addition to any other remedies herein or provided by law or in equity, such remedies to be cumulative and alternative.
(b) These Terms and Conditions constitute the entire agreement between us and you regarding the purchase and sale of our products. Our failure to strictly enforce any term or condition or to exercise any right arising hereunder shall not constitute a waiver of our right to strictly enforce such terms or conditions or exercise such right thereafter. If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. These Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.
(c) Nothing herein shall be regarded or construed as creating an employer/employee, joint venture, partnership or other relationship between you and us.
Governing law, venue - All disputes as to the legality, interpretation, application, or performance of these Terms and Conditions shall be governed by the laws of the Province of Ontario including its conflict of laws principles. The parties agree that any dispute arising between them which results in either party instituting court proceedings shall be litigated in a court located in the City of Toronto.
Compliance with the law – You shall comply with all applicable laws, ordinances, rules, and regulations. You shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that you need to conduct your business and carry out your obligations under these Terms and Conditions.
Confidentiality - All non-public, confidential, or proprietary information of ours, including but not limited to specifications, designs, documents, data, pricing, discounts, or rebates, disclosed by us to you, obtained in any form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with these Terms and Conditions is confidential and may not be disclosed or copied unless authorized in advance by us in writing. Upon our request, you shall promptly return all documents and other materials received from us. We shall be entitled to injunctive relief for any violation of this Section.
Amendments to these Terms and Conditions - These Terms and Conditions, prices, items and colours are subject to change or can be discontinued without notice at our discretion. All changes will be posted as soon as they go into effect. Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement, including without limitation, any benefits offered through a service, including discounts and other promotional offers such as free shipping, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. To the fullest extent permitted by applicable law, your continued access to and/or use of any Website after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.
BIC Logo Artwork Submission Guidelines:
Our Website allows you to imprint BIC® Lighters with a logo using your Artwork. You are responsible for the Artwork you submit or submit on your customer’s behalf. You must comply with these Terms and Conditions, the Artwork Submission Guidelines, the Legal Notice, and the Production Guidelines available on the website, and all local, provincial/territorial, federal or international laws.
• You are solely responsible for obtaining all necessary approvals, permissions and licenses before submitting the Artwork.
• Our acceptance of the Artwork does not release you from your obligations as seen in these terms and conditions and the Legal Notice.
• We reserve the right to review all Artwork and to refuse Artwork for any reason in our sole opinion and discretion, including but not limited to Artwork found to not comply with the terms and conditions for BIC® Logo Lighter Business Orders, these Artwork Guidelines or the Legal Notice. We will send you a confirmation email if your Artwork is not accepted, and you will not be charged.
• Safety First: When choosing a logo to imprint on a lighter, remember that lighters are adult products and must be kept away from children. Do not upload images and content that could be attractive to children. For lighter safety information, go to www.flickitsafely.com and www.playsafebesafe.com.
• Below are some general categories of Artwork that will not be accepted:
• Art geared toward children
• Art related to any illegal or unlawful activity includingillegal drugs or illegal drug use (with the exception of Cannabis Art which will be reviewed on a case-by-case basis)
• Art that would defame, libel, abuse, harass, threaten or otherwise violate or infringe on the rights of others, including their right to privacy and their rights of publicity
• Art with nudity or pornographic material or which contain offers for prostitution
• Art that is discriminatory, harassing, or is an assault on or threatening to individuals or groups based on their race, ethnicity, national origin, class, sex, gender, gender identity sexual orientation, religious affiliation, disabilities, or diseases
• Art containingcontent promoting terrorism or violence
• Art that focuses on political content
• Art that is critical of a specific religion
• Art that is otherwise or could be considered inappropriate, unsuitable, unsafe or offensive as determined by BIC in its sole and absolute discretion
• Art that uses a third-party artwork (e.g. logo or design), or other intellectual property or proprietary right of a person without appropriate authorization
For questions regarding Artwork, please contact Customer Service.
Please refer to the Production Guidelines.