Terms and Conditions
Terms & ConditionsListings on this website are not an offer to sell goods; rather, they are advertisements to receive offers. Any offer may be rejected, and all offers are subject to review and acceptance by Thomas FX Group Inc. As all prices are subject to change, your offer may not be accepted or we may have to communicate price changes or availability issues to you after you place an order.
The following is the terms of the agreement between Thomas FX Group Inc., and/or its subsidiaries and affiliates (“Thomas FX”) and the buyer ("Buyer") of goods or services through Thomas FX's Web site (the "Site"). If you do not agree to these terms, you will not be able to complete your offer, so please review these terms carefully:
- Introduction. By completing the Check Out process and submitting valid credit card payment information the Buyer is deemed to have accepted, and will be bound by, the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by, or through, the Site, and acknowledges having read and understood the information contained in Thomas FX’s Privacy Statement, and Thomas FX’s Copyright Information. This Contract constitutes the entire and only agreement between Thomas FX and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
- Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your offer to buy, nor does it constitute confirmation of our offer to sell. Thomas FX reserves the right at any time after receipt of your offer, to accept or decline your order for any reason. Thomas FX reserves the right at any time after receipt of your offer, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed require pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any offer to purchase. Thomas FX is both a manufacturer and a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Thomas FX unless a formal distributor relationship has been established.
- Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or shipping or product information received from our suppliers, Thomas FX shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Thomas FX shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Thomas FX shall issue a credit to your credit card account in the amount of the charge.
- Return policy and Limited Guarantee Against Defects. Every third party product purchased from Thomas FX is backed first by the product manufacture's warranty. The Thomas FX 10 day limited warranty is a defective exchange policy that provides for either repair or replacement (at our sole discretion) of merchandise that has been confirmed as defective by either the manufacturer or Thomas FX. Leased merchandise is not eligible for this warranty. Hardware confirmed as defective by the product manufacturer or Thomas FX will either be accepted for exchange or repair at our sole discretion within the first 10 days of ownership only. After 10 days the product manufacturer’s warranty is the only warranty in effect. Used Equipment is sold on an "As Is / Where Is" basis. There is no warranty on Used Equipment. Terms and conditions may vary by product or manufacturer. Thomas FX will assist customers whenever possible in gaining satisfaction with product manufacturers. For assistance or to exchange a defective product please call (604) 929-5455. Products returned for exchange must be in new condition, in original packaging, and include all parts, registration cards, packing materials and other accessories and be received within 10 days of the original confirmation of sale date. We reserve the right to refuse a return or charge a restocking fee for damaged or incomplete returns. No returns will be accepted without a valid RA number issued by Thomas FX or by the manufacturer when the product manufacturer’s or distributor’s return policies supersede ours. In the case where an item is approved for return to Thomas FX, the Buyer will be responsible for shipping fees to Thomas FX and Thomas FX will be responsible for shipping fees back to the Buyer. Thomas FX will not accept C.O.D. shipments for returned merchandise or equipment.
- Warranty Limitations. There are no other express guarantees, warranties, or conditions respecting the products or equipment. Implied guarantees, warranties, or conditions, if any, are limited to the duration of the express guarantee, warranty, or condition provided herein. Some countries, provinces, or states do not allow limitations on how long an implied guarantee, warranty, or condition lasts, in which case, the foregoing limitation may not apply.
- Setup and Payment. Buyer represents and warrants that (I) the credit card information supplied to Thomas FX is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card Thomas FX and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Thomas FX within 24 hours of any breach of this Contract or unauthorized use of the password. Thomas FX does not protect Buyer from unauthorized use of Buyer's password.
- Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
- Editing, Deleting, and Modification. Thomas FX reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Thomas FX may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
- Right to Refuse or Terminate. Thomas FX reserves the right in its sole discretion to refuse or terminate service at any time, for any reason, without notice, and without explanation. Sale of any goods or services is subject to availability.
- Indemnification. Buyer agrees to indemnify, defend and hold Thomas FX and its Officers, Employees, affiliates, licensers and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the products and services offered on, or purchased through, this Site.
- Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Thomas FX or by Buyer's credit card company.
- Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES AVAILABLE TO THE BUYER FROM OR THROUGH THE SITE OR OTHERWISE THROUGH THE THOMAS FX ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL GUARANTEES, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), AND THE BUYER ACKNOWLEDGES HAVING THE PROFESSIONAL EXPERTISE TO USE SUCH PRODUCTS AS ARE PURCHASED BY THEM THROUGH THE SITE OR THROUGH THOMAS FX, AND IN PURCHASING GOODS THROUGH THE SITE OR FROM THOMAS FX ACKNOWLEDGES THAT THEY HAVE USED THEIR OWN DUE DILIGENCE IN DETERMINING THAT SAID PRODUCTS ARE THE CORRECT AND MOST APPROPRIATE PRODUCTS FOR THEIR PURPOSES AND SAFE USAGE. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THOMAS FX, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PARTICULAR ITEMS PURCHASED. THOMAS FX AND ITS AFFILIATES, DEALERS OR SUPPLIERS MAKE NO REPRESENTATION ABOUT THE QUALITY OR SUITABILITY OF ANY PRODUCTS ADVERTISED THROUGH THIS SITE, OR OTHERWISE, AND ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, DAMAGES TO PERSON OR PROPERTY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THOMAS FX AND BUYER. THIS SITE, AND GOODS AND SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME NATIONAL, FEDERAL, PROVINCIAL, STATE, OR JURISDICTIONAL, STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
- Refund Policy. ALL SALES ARE FINAL. However, if a product purchased is defective in a material manner, Buyer must contact Thomas FX immediately upon receipt to obtain an RA number before being allowed to return the defective merchandise. Upon receipt of a legitimate Thomas FX RA number the Buyer may then return the product in its original condition, and original packaging, at the Buyer’s sole expense within 10 days of receipt, to the following address: [140 Riverside Drive West, North Vancouver, British Columbia, Canada V7H 1T9]. In such event, Thomas FX will determine the validity of the defect and use whatever methods are available to remedy the defect before returning the merchandise to the Buyer, or at its sole discretion, provide the Buyer with an exchange for an identical item, or credit for other purchases from the Site (less shipping and handling charges incurred and a restocking fee of 35% of the purchase price plus such shipping and handling charges as may apply). This Section 14 sets forth Buyer's sole and exclusive right to refund.
- Use of Information. Thomas FX reserves the right, and Buyer authorizes Thomas FX, to the use and assignment of all information regarding Buyer's use of the Site and information provided by Buyer, subject to applicable law.
- Miscellaneous. This Contract shall be treated as though it were executed and performed in North Vancouver, British Columbia, Canada, and shall be governed by and construed in accordance with the laws of Canada and of the Province of British Columbia (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within two (2) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in North Vancouver, British Columbia, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extraterritorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Thomas FX is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Thomas FX to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Links. This site contains links to other Internet sites. Such links are provided for your information and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by Thomas FX.
- Shipping Information. Unless a specific special shipping method has been requested by the Buyer, we will ship by the most economical means. Please allow at least seven (7) days for order processing and shipping. Shipping is charged on a per-product by shipment method basis. However we may contact the customer to determine shipping charges when large quantities of merchandise are ordered. The Thomas FX uses only high quality private delivery carriers and other acceptable carriers, such as Canada Post, for shipment of its goods.
- Credit Card Security. Thomas FX uses technology that ensures your personal and payment information is kept confidential and secure. When you provide the Thomas FX with any personal information - your name, address, e-mail and credit card number - it's done on a secure server. An advanced security system - Secure Socket Layers (SSL) - encrypts all information you provide before sending it to our own server. Only when it reaches Thomas FX's servers is your information decrypted.