TERMS & CONDITIONS

Playit Direct T’s & C’s for BCE Riley Leisure Website

Terms & Conditions

"BCE” means BCE (Distributors) Ltd a company registered in England and Wales under company number 1228770 which operates the company's websites www.rileyleisure.ca (the website) .

F.G.Bradley’s acts as a distributor for BCE in Canada and fulfils orders from the website to Canadian addresses (“Third Party”). F.G.Bradley’s is a division of Playit Incorporated.

Customer means the person or company to whom this document is addressed.

These terms and conditions (Terms) apply to any supply of products (Products) made by the Seller, hereafter referred to as F.G.Bradley’s , to you, the buyer, hereafter referred to as the Customer (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

1. Price and Payment

1.1 All prices are in Canadian dollars and include applicable taxes.

1.2 We process all payments securely through Paypal by which we can accept Visa, MasterCard and Visa Debit.

1.3 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not continue to process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

1.4 Payment is taken upon receipt of the order.

1.5 From time to time F.G.Bradley’s may request evidence of a driving licence, utility bill, bank statement or other photo ID to confirm they are the registered person of their invoice or delivery address or for further security checks.

2. How the Contract is Formed

2.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

2.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been shipped. The Contract between us will only be formed when we send you this email.

2.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website , we will inform you of this by e-mail and we will not continue to process your order for that Product. If you have already paid for that Product, we will refund you the full amount as soon as possible.

3. Deliveries

3.1 Delivery is free of charge within Canada for all orders over $50.00.

3.2 Upon receiving your order, it is processed within 48 business hours and if stock is available in Canada, shipped within 2 to 3 business days after processing.

3.3 Most orders will be shipped Canada Post Expedited Parcel. Expedited Parcel delivers the next business day locally, 1 to 3 business days regionally, and 2 to 7 business days nationally to Major Canadian centres. Remote destinations can take as long as 6 days regionally and 13 days nationally.

3.4 Some Products ship directly from BCE in Great Britain and a longer shipping time is required. We will inform you when this is the case and shipping generally takes an extra 2 weeks.

3.5 We occasionally use other shipping methods depending on the size of your item and your location. We will always inform you of the shipping method and expected delivery time.

3.6 F.G.Bradley’s will deliver the Customer’s Products via a 3rd party courier employed on behalf of F.G.Bradley’s or its supplier. As such we cannot be held responsible for delays, damages caused after we release the product.

3.7 Signature on Delivery - Our shipments require a signature. If you will not be available to sign for your shipment, consider shipping the item to an address where someone you trust will be available to sign for your package. Once your order has been prepared for shipment or has shipped, we are unable to change the shipping address.

3.8 If the Products are found to be damaged upon delivery, the Customer must inform the Driver, reject the Products and contact our Customer Service team at 1-877-837-8456 while the driver is present. The driver will then remove the Products and the Customer must NOT sign for the Products or must only sign as "DAMAGED" If you sign & accept the goods as in "GOOD CONDITION" F.G.Bradley’s cannot be held responsible for any damage thereafter. Subject to clause 6, F.G.Bradley’s or BCE cannot accept any claim for damage where the Product is not unwrapped and inspected at the time of delivery. If the customer is not happy with the Products please follow our Acceptance & Returns procedure.

3.9 Once the Customer has signed for the Products they have now accepted the Products and are now solely responsible for the Products. Subject to clause 8, F.G.Bradley’s or BCE shall not be held responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the Products.

3.10 Subject to clause 9, in the unlikely event that you need to return the item, F.G.Bradley’s can only accept Products in their original packaging and condition. Semi, Unpacked or Assembled Products cannot be returned. Note all returns are at the cost of the Customer. Costs may vary depending on collection address, delivery service, type of Products and the amount of Products. Please follow our Return Procedure for returning Products.

4. Acceptance of Products

4.1 Any item that appear(s) in any photograph, representation, or illustration on the website or in our brochures other than the Product that is described in the title description of the Product, will not form a part of or be included in the Contract. It is meant for illustration purposes only, and may not be included as a part of the Products. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. BCE or F.G.Bradley’s bears no liability for difference of colour.

4.2 Any advertisements or specifications issued by BCE or F.G.Bradley’s and any descriptions or illustrations provided on the website or any brochures will not be included in the Contract. It is provided for guidance or illustration purposes only, and may not accurately reflect the Products. The Products are subject to change without notice.

4.3 Any typographical, clerical, or other error, present on our website, in the confirmation on our invoice sent to you, in our price list, or in any brochures or documentation issued by us shall be subject to correction without any liability on the part of the Company.

4.4 The Customer shall inspect the Products upon delivery, as stated in clause 3.

4.5 The Customer shall be deemed to have accepted the Products unless within 5 working days the Customer notifies F.G.Bradley’s that the Products are rejected in accordance with our returns procedure or cancellation procedure. If no such action has been taken, F.G.Bradley’s shall consider the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.

4.6 If, having notified F.G.Bradley’s the Customer does not follow our returns procedure or our cancellation procedure within 14 working days of such notification, F.G.Bradley’s shall consider the Customer to have accepted the Products and the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.

5. Return Procedure

5.1 If the Products are to be rejected and returned 5 days as set out in clause 4 above for any reason other than cancellation in accordance with clause 6 below, the Customer shall comply with the return procedure detailed in this clause 5.

5.2 F.G.Bradley’s will not accept any returned Products should the return not follow the return procedure.

5.3 The Customer is required to email BCE returns department at customerservice@rileyleisurecanada.com to notify their intention to return any Products, following which collection will be arranged. Please note depending on the Products or issue; it may take a minimum of 7 working days for F.G.Bradley’s to resolve an issue or exchange. All return requests will only be accepted in writing, by email to customerservice@rileyleisurecanada.com or by mail, telephone cancellations will not be accepted under any circumstances.

5.4 The Customer must provide the Order Number.

5.5 F.G.Bradley’s will request photographic evidence or other forms of evidence of any damage. The Customer must comply with F.G.Bradley’s in order to process their intention to return their Products. Any delay in providing information to F.G.Bradley’s returns department will delay a Customer issue being resolved.

5.6 In cases where the rejection of an individual Product is due to that individual Product being faulty or damaged (because it is not fit for its purpose or is defective so as to be unsafe) , the Customer is entitled to a replacement once the fault has been verified by F.G.Bradley’s on inspection acting reasonably. The individual faulty, damaged or miss-described Product must be returned to F.G.Bradley’s premises or other 3rd party premises as instructed by F.G.Bradley’s returns department before the replacement can be issued. The Customer must follow clause 8.3 and 8.4 above in order to comply with the returns procedure.

5.7 In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction, and is cancellation in accordance with clause 9, the Customer is entitled to a partial refund (full refund less cost of shipping, and a restocking fee) only. Products must be returned to F.G.Bradley’s premises or other 3rd party premises before the partial refund can be issued.

5.8 If the Products were delivered to you:

5.8.1 you must arrange for us to collect the Products as soon as reasonably possible. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

5.8.2 unless the Products are faulty or not as described (in this case we will be responsible for the costs), you will be responsible for the cost of us collecting the Products. If you elect to return the product(s) yourself, we recommend using a proof of delivery or trackable courier service as we cannot be held responsible for any missing items. All goods returned to our premises will only be accepted if we have confirmed collection to you by email.

5.8.3 you have a legal obligation to keep the Products in your possession in a safe place and to take all reasonable care of the Products while they are in your possession.

5.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or clause 9 or these Terms.

5.10 Note Semi, Unpacked or Assembled items cannot be returned except in accordance with clause 7 below. Returned item(s) must be in its original packaging and condition and in a saleable condition, otherwise this may jeopardise a partial or full refund.

6. Defective Product

Please contact us immediately upon discovery of a defective item. Defective product returns require a return authorization and will be replaced or repaired within the manufacturer’s warranty period. We arrange and pay for the return freight. Any product damaged in shipping should be claimed with the carrier.

7. Cancellations

Cancellation right does not apply in the case of any “Special Order”, made-to-order or custom-made Products or Products made to your specification or clearly personalised.
To cancel a Contract, please contact us in writing to tell us by sending an e-mail. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail. Please note depending on the Products or issue; it may take a minimum of 7 working days for F.G.Bradley’s to resolve an issue or exchange.
We refund to you any amounts already paid by you to us in respect of the cancelled Products in the original form of payment.
Where you cancel an order more than 7 working days after placing it and it has not been despatched, you will incur a restocking fee of 15% of the order value which is payable immediately upon cancellation.
BCE or F.G.Bradley’s reserves the right to cancel an order without taking any payment from the Customer if:
- we do not have stock to fulfil the order;
- we are unable to deliver the Product to your area;
- your payment was not authorised; and
- an item was incorrectly priced or described on our website.

8. Our Liability to the Customer

If BCE or F.G.Bradley’s fails to comply with these Terms, our maximum liability under this contract is a full refund of the product price and any delivery charges that have been incurred by the customer.
BCE and F.G.Bradley’s only supply the Products for domestic and private use. The Customer agrees not to use the Product for any commercial, business or re-sale purposes, as it may invalidate the warranty of the product(s) and BCE or F.G.Bradley’s has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

By accessing any areas of the Riley Leisure web site the user acknowledges the notices, and agrees to the terms and conditions set out below.

TRADEMARKS AND COPYRIGHTS

No material from the website may be copied, reproduced, republished, posted, transmitted or distributed in any way. The use of any such material for any other reason, on any other web site, or the modification, distribution or republication of this material without prior written permission from BCE is strictly prohibited.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEB SITE AND THE MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. BCE OR PLAYIT INCORPORATED O/A F.G.BRADLEY’S MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS. BCE AND PLAYIT INCORPORTE O/A F.G.BRADLEY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEB SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THIS WEB SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEB SITE BCE INCLUDES LINKS TO OTHER WEB SITES AND THAT BCE HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST BCE WITH RESPECT TO SUCH WEB SITES.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Except as specifically stated on this Website, none of BCE’s or F.G.Bradley’s or any of its respective directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

USERS

The user acknowledges that any content, offers, information, opinions (including without limitation, reviews) ("Content") he or she may provide to F.G. Bradley's becomes the property of F.G. Bradley's including all copyright, without reservations, and user waives in favour of the foregoing any and all moral rights in such Content. The user is hereby notified that all or any portion of the Content may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content, without compensation of any kind to the user.

By submitting Content to F.G. Bradley's, the user automatically warrants that he/ she has the full right and authority to submit such Content, and that none of such Content is subject to any copyright or other proprietary right of a third party.

Any Content expressed or made available by third parties, including any other user of F.G. Bradley's, are those of the respective third parties and not of F.G. Bradley's or any of their officers, directors, employees or agents.

The owners and operators of F.G. Bradley's reserve the right to not publish, or to remove any Content that they deem in their sole discretion, to be inappropriate for F.G. Bradley's, for any reason whatsoever.

We are committed to the privacy of your personal information. Beginning on January 1, 2004, all businesses must comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). The Act gives individuals certain rights concerning the privacy of their personal information.

Why We Need Personal Information

BCE provides products and related services to a wide range of individuals. In doing so, we need to collect personal information for various reasons including: understanding your needs, meeting legal, regulatory and contractual requirements, to facilitate the delivery of products and services, to maintain your contact information, and to provide materials concerning our services and developments. We do not disclose or sell personal information to third parties unless requested by law.

What personal information is collected

Personal information is any information about an individual. This could include information such as your name, address, order identification numbers, credit card information, and any other information relevant to delivery of our products or services.

Collection of your personal information on the website

We collect personal information through various forms and applications on the website. The information is then stored in secure databases on our Internet servers or those of third parties who may be contracted to provide these services. Online applications that request personal information are typically identified on the website.

Consent

In most cases, you will be asked for your consent if we collect, use, or disclose personal information. Permission may be expressed in writing or implied and may be given to us verbally, electronically, or through your authorized representative. Individuals may withdraw permission to collect, use and disclose their personal information at any time, subject to legal and contractual restrictions and reasonable notice. Sometimes consent is implied through conduct with us.

Disclosure of your Personal Information

Under certain circumstances, we may disclose personal information such as when required or authorized by law or ethical reasons, when an individual has consented to the disclosure, where it is necessary to establish or collect fees, or if we engage a third party to provide administrative services to us (like Internet or other computer services) and the third party is bound by privacy obligations.

Personal Information Security

BCE takes all reasonable precautions to ensure that personal information is kept safe from unauthorized access, modification or disclosure. Among the steps taken to protect personal information are the use of secure Internet servers, restricted file access, deploying technological safeguards like security software and firewalls, and internal password and security policies.

Access to Personal Information

Individuals may ask for access to any personal information we hold about them. Summary information is available on request. More detailed requests which require retrieval costs may be subject to our normal professional service fees.

An individual's right to access their personal information is not absolute. We may deny access when denial of access is required or authorized by law, information relates to existing or anticipated legal proceedings, granting access would have an unreasonable impact on other people's privacy, to protect our company's rights and property or if the request is frivolous. Certain ethical, procedural and confidentiality rules may prevent access in certain circumstances. If BCE must deny a request for information, an explanation will be provided.

Changes to the BCE's Privacy Policy

BCE and F.G.Bradley’s regularly reviews all of its policies and procedures and may change the Privacy Policy from time to time.

Requests for Access

If you have any privacy questions please contact our Privacy Officer at:

Riley Leisure

Attn: Privacy Officer

And email: customerservice@Rileyleisurecanada.com

Web Site Links and Statistics

The Riley Leisure website contains links to other sites, which are not governed by this privacy policy. We may monitor traffic patterns, site usage and related site information in order to optimize our web site information and service or product offerings. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.