In addition to the Terms of Use which govern your use of this site, Walmart.

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(the Site ), these Terms of Sale govern any order or purchase you (the individual c
ompleting this order, you ) make on the Site operated by Wal-Mart Canada Corp. Wal-
Mart Canada Corp. (also operating and referred to herein and on the Site as Walma
rt Canada or Walmart ) is the supplier for your order. By proceeding to place an ord
er and accepting these Terms of Sale, you agree to be bound by these Terms of Sa
le whether or not you have read them. If you do not agree to these Terms of Sale
, do not proceed with your order. Please print and retain a copy of these Terms
of Sale for your records.This Site is only available for use by Canadian reside
nts having a Canadian mailing address and only ships products to addresses in Ca
nada.
1. Ordering Process
All advertisements on the Site are invitations to purchase and not offers to sel
l. Walmart Canada reserves the right, at its sole discretion, to accept or rejec
t the order once you have completed and placed your order.You will receive onlin
e confirmation that your order has been received by Walmart Canada after you pla
ce your order on the Site. This online confirmation that your order has been rec
eived by Walmart Canada does not constitute acceptance of your order. Rather, th
e confirmation of acceptance of your order will be delivered via an automatic e-
mail to the e-mail address associated with your account.In some instances, you m
ay have the opportunity to pre-order products (such as DVDs or video games) on W
almart.ca before they are available for sale. When you place a pre-order, your c
redit card will be authorized, but it will not be charged until the item is ship
ped to you. If Walmart changes its price between when you preorder and when your
item ships, you will be charged the lower of the two prices. Taxes and shipping
will apply as of the date of shipping. Delivery will occur after the release da
te, which is set by the manufacturer or distributor, and is subject to change. Q
uantities of items available on preorder may be limited.
2. Rejection or Cancellation of Orders
There may be certain orders that Walmart Canada must reject before acceptance or
cancel after acceptance. Walmart Canada reserves the right at any time after re
ceipt of your order to accept or reject your order for any reason and Walmart Ca
nada will contact you at the e-mail address provided in the order form of its de
cision to accept or reject your order. In the event that Walmart Canada rejects
the order, Walmart Canada will have no obligation to fulfill your order and you
will have no obligation to pay Walmart Canada for the order. Walmart Canada also
reserves the right, at its sole discretion, to cancel any order after acceptanc
e for any reason. Some situations that may result in your order being rejected o
r cancelled include: Limitations on quantities available for purchase; Inaccuracie
s or errors in product or pricing information; A product recall on the item that
you have purchased; or Problems identified by Walmart Canada's credit and fraud a
voidance department.Walmart Canada may also require additional verifications or
information before accepting any order. Walmart Canada will contact you if all o
r any portion of your order is rejected after your order has been placed but bef
ore it is accepted by Walmart Canada or if additional information is required to
accept your order.
3. Availability and Description of Products
The purchase of products on the Site is subject to availability. In the event th
at Walmart Canada advises you that any products are no longer available, Walmart
Canada will have no obligation to fulfill your order and you will have no oblig
ation to pay Walmart Canada for the order.Product descriptions, representations,
warranties, guarantees and performance claims are provided by our vendors and a
re not independently verified by Walmart Canada. The accuracy of such representa
tions is the sole responsibility of the vendors. While the Site attempts to be a
ccurate in its product descriptions. Walmart Canada does not represent or warran
t that product descriptions or other Content on this Site is accurate, complete,
reliable, current, or error-free. If you find that a product you purchase is no
t as described, your sole remedy is to return it in accordance with Walmart Cana
da's Return Policy
4. Price
By confirming your purchase at the end of the check out process, you agree to pa
y Walmart Canada the amount set out as the ORDER TOTAL in the Confirm Order and
Shipping Address section of the checkout process, subject to adjustment as descr
ibed herein (the Purchase Price ). The ORDER TOTAL is quoted in Canadian dollars an
d includes shipping and handling fees, any applicable environmental or other add
itional fees, and an estimate of all applicable taxes. The Purchase Price will b
e charged in Canadian dollars to your selected credit card by Walmart Canada in
one or more charges as each product is shipped. Please note that actual sales ta
xes are calculated on items as they ship, and therefore, due to mathematical rou
nding, there may be a slight adjustment to actual sales taxes owed and included
in the Purchase Price from those estimated in your Order Total.In the event that
an item is listed at an incorrect price due to an error in pricing, Walmart Can
ada will have the right, at Walmart Canada's sole discretion, to reject or cance
l any orders placed for that item. In the event that an item is mispriced, Walma
rt Canada may, at its discretion, either contact you for instructions or cancel
your order and notify you of such cancellation.For your convenience, the Site li
sts some products that are carried in stores, however, please note that products
and prices available for online purchase on the Site may not be the same as tho
se available at Walmart Canada stores. Store pricing and offers will sometimes d
iffer from online prices and offers. Unless otherwise stated, all Was/Is pricing
or other offers available on the Site refer to prices offered nationally on the
Site only. Walmart Canada stores do not honour prices offered on the Site. Ad M
atch does not apply to online prices advertised on the Site and is not applicabl
e to orders placed on the Site.
5. Quantity Limits and Dealer Sales
Walmart Canada reserves the right, at its sole discretion, to limit the quantity
of items purchased per person, per household or per order. These restrictions m
ay be applicable to orders placed by the same account, the same credit card, and
also to orders that use the same billing and/or shipping address. We will provi
de notification to you should such limits be applied. Walmart Canada also reserv
es the right, at its sole discretion, to prohibit sales to dealers or resellers.
For purposes of these Terms of Sale, reselling is defined as purchasing or inte
nding to purchase any product(s) from the Site for the purpose of engaging in a
commercial sale of that same product(s) to a third party.
6. Method of Payment
You may pay for your purchase using VISA, MasterCard or American Express and you
authorize Walmart Canada to charge the applicable card for the Purchase Price a
nd you represent and warrant that you are the cardholder of the applicable card.
If your card is rejected by the card issuer, your order will not be shipped and
Walmart Canada will have no obligation to fulfill your order.All billing and re
gistration information provided by you to Walmart Canada must be truthful and ac
curate. Providing any untruthful or inaccurate information constitutes a breach
of these Terms of Sale.
7. Shipment
Your order will be shipped by one of Walmart Canada's third party carriers. The
exact carrier delivering your item(s) will be identified in the shipping confirm
ation email you will receive once your order has shipped.Walmart Canada is not r
esponsible for any loss of the products following shipment from Walmart Canada's
or its agents' or mandatories' facilities to your delivery address.For home shi
pping, the products you purchased may be shipped to you separately. If your prod
ucts are shipped separately, the Purchase Price for your items, which includes t
he shipping fees, will be charged to your selected credit card by Walmart Canada
in one or more charges, as products are shipped.
8. Cancellation, Returns, Refunds, and Exchanges
You may have certain statutory rights to cancel your order under applicable prov
incial consumer protection laws and Walmart Canada will respect all such applica
ble laws.In addition to these statutory rights, returns of product purchased on
the Site are governed by Walmart Canada s Return Policy. Please review the Return
Policy and print and retain a copy for your records.Walmart Canada will not exch
ange orders made online. Rather, customers who want to exchange an item purchase
d on the Site will have to return their purchase in accordance with Walmart Cana
da s Return Policy and then place a new order for the item they want.
9. Passwords
You are responsible for the security of your account and password. Walmart Canad
a shall not be liable for any damages and expenses arising out of or relating to
any unauthorized use of such account or password.
10. Privacy
Walmart Canada s personal information practices on the Site, including the collect
ion, use and/or disclosure of your personal information and/or financial informa
tion, are governed by Walmart Canada s privacy policy. Please review this privacy
policy and print a copy for your records.
11. Changes to the Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on th
e date that you place your order, as made available to you when you complete the
check out process. Walmart Canada may modify its Terms of Sale from time to tim
e in accordance with applicable laws. Any such modification will apply to any or
der placed after the effective date of the modification. Therefore, each time yo
u place an order with Walmart Canada you represent that you have accessed, read
and accepted the Terms of Sale applicable to and governing that order.
12. Terms Applicable to Specific Products or Services
The terms of use of Walmart Canada s Photo Centre website, www.walmartphotocentre.
ca, (the Photo Centre Site ) governs any use by you of that site and any order or p
urchase you make from the Photo Centre Site.Certain products sold by Walmart Can
ada are subject to environmental handling, recycling, or disposal fees. These fe
es vary by product and by province. The fees are collected and remitted by Walma
rt Canada to environmental management programs implemented in various provinces,
and are used to cover costs of recycling, collection, handling, transportation
and disposal of products. For more information on individual programs, please vi
sit the website of the environmental management program(s) or government agencie
s in your area.
13. Order History
The Site will generally display a customer's order history for the preceding thr
ee (3) month period. The Site will allow a customer to select a different option
for length of time his/her order history is displayed. The maximum amount of ti
me, however, that an order history will be displayed for is two (2) years.
14. Disclaimers of Warranties
Certain goods offered on this Site may have warranties that apply to them if not
ed on the applicable product page of this Site. These warranties are provided by
the manufacturer of these products and not by Walmart Canada. To the maximum ex
tent permitted by applicable laws, Walmart Canada disclaims all warranties and c
onditions of any kind, whether legal, express or implied (including warranties a
nd conditions of merchantable quality, merchantability, quality or fitness for a
particular purpose and non-infringement), relating to this Site or any content,
information or goods accessed, offered, purchased or sold through this Site or
their use, suitability or availability or any transaction conducted on this Site
, whether arising from statute, course of dealing, usage of trade or otherwise.
Walmart Canada makes no representations or warranties and provides no conditions
in connection with this Site or any content, information or goods accessed or o
ffered through this Site or their use.Some jurisdictions do not allow the limita
tion on implied warranties and conditions. If these laws apply to you, some or a
ll of the above disclaimers may not apply to you.
15. Limitations of Liability
In no event shall Walmart Canada be liable for any direct, indirect, incidental,
special, exemplary, punitive or consequential damages of any nature (including
loss of use, loss of data, loss of profit and loss of savings) to you including
for damages arising in connection with or relating in any manner whatsoever to:
(A) this Site; (B) any content, information or goods accessed, offered, purchase
d or sold through this Site or their use, suitability or availability (including
the inability to use); (C) any transaction conducted on this Site; and (D) any
unauthorized access to or alteration of your data.If the above exclusion or any
portion thereof is found to be invalid or unenforceable for any reason, then the
aggregate liability of Walmart Canada for damages of any nature suffered by you
shall in no event exceed the Purchase Price of your transaction.The above exclu
sion and limitation of liability shall apply whether or not a claim is in contra
ct, tort (including negligence and product liability), strict liability, restitu
tion, breach of statute or any other theory of law and even if Walmart Canada ha
d been advised or had reasons to know of the possibility of such damages. In thi
s Section 15, reference to Walmart Canada means Walmart Canada and its affiliates
and their respective officers, directors, employees, contractors, mandataries an
d agents.Certain jurisdictions do not allow the exclusions of damages as provide
d above. If these laws apply to you, some of the exclusions referred to above ma
y not apply to you. This Section 15 shall apply to you to the maximum extent per
mitted by applicable laws.
16. Export
You acknowledge that the goods sold on the Site, which may include technology an
d software, may be subject to applicable customs and export control laws and reg
ulations. By purchasing technology or software from the Site, you agree to abide
by all such applicable laws and regulations.
17. Applicable Law
These Terms of Sale will be governed by the laws of the province of Ontario and
the laws of Canada applicable therein unless the applicable laws of your provinc
e of residence require that the laws of such province govern, in which case, the
laws of such province are to govern. The exclusive jurisdiction for any claim,
action or dispute with Walmart Canada or relating in any way to your use of the
Site or a purchase made on the Site will be in the courts of the province of Ont
ario unless required otherwise by applicable laws of your province of residence.
18. General
These Terms of Sale together with the details of your order and the Terms of Use
which govern your use of the Site constitute the entire agreement between you a
nd Walmart Canada with respect to any purchase made by you on the Site and super
sede all previous agreements, understandings and representations relating theret
o. If any provision of these Terms of Sale is held to be unenforceable for any r
eason, such provision shall be reformed only to the extent necessary to make it
enforceable and the other terms of these Terms of Sale shall remain in full forc
e and effect. The delay or failure of Walmart Canada to act with respect to a br
each of these Terms of Sale by you or others does not constitute a waiver and sh
all not limit Walmart Canada's rights with respect to such breach or any subsequ
ent breaches. Walmart Canada shall not be liable for any delay or failure to per
form any of its obligations under these Terms of Sale if such delay or failure i
s due to causes beyond its control including, without limitation, weather-relate
d and other uncontrollable shipping delays. You may not assign these Terms of Sa
le to any third party without the prior written consent of Walmart Canada. These
Terms of Sale will be binding upon and will enure to the benefit of (i) you and
your heir, executor, administrator and other legal representatives; and (ii) Wa
lmart Canada and it successors and assigns. In the event of an inconsistency bet
ween the Terms of Use and these Terms of Sale, the wording in these Terms of Sal
e shall prevail. It is the express wish of the parties that these Terms of Sale
and all related documents be drawn up in English. C'est la volont expresse des pa
rties que la prsente convention ainsi que tous les documents qui s'y rattachent s
oient rdigs en anglais.You may contact Walmart Canada at:Wal-Mart Canada Corp.
1940 Argentia Road
Mississauga, ON, L5N 1P9
Customer Service: 1-800-328-0402 or Contact Us Online. By accepting these Terms
of Sale, you represent and warrant that you are of the age of majority in your j
urisdiction. If you are not of the age of majority, you may use this Site only u
nder the supervision of a parent or legal guardian who agrees to be bound by the
se Terms of Sale. If you are a parent or legal guardian agreeing to these Terms
of Sale for the benefit of an individual under the age of majority, be advised t
hat you are fully responsible for his or her use of this Site, including all fin
ancial charges and legal liability that he or she may incur.Last updated: August
30, 2013