Terms & Conditions

SASKMADE MARKETPLACE TERMS AND CONDITIONS OF SALE

The following terms and conditions govern the sale by SaskMade Marketplace ("SaskMade") to Customer of the products (the "Products"). By accepting delivery of the Products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions.

1. Other Documents

These terms and conditions may not be altered, supplemented or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SaskMade. SaskMade may change these terms and conditions as they relate to future sales or deliveries at any time without prior notice.

2. Governing Law

The laws of the Province of Saskatchewan and the applicable laws of Canada will govern these terms and conditions and all related transactions. The parties agree to the non- exclusive jurisdiction of the courts of the Province of Saskatchewan.

3. Payment Terms, Orders, Interest

Unless otherwise specified in SaskMade's invoice, payment must be received by SaskMade prior to SaskMade's acceptance of an order. Payment for the Products will be made by credit card, wire transfer, or some other pre-arranged payment method. If credit terms have been agreed to by SaskMade, invoices are due and payable within thirty days after the date of the invoice. SaskMade may invoice parts of an order separately. Orders are not binding on SaskMade until accepted by SaskMade.

4. Shipping Charges; Taxes

Separate charges for shipping and handling will be shown on SaskMade's invoice(s). Unless Customer provides SaskMade with a valid and correct tax exemption certificate applicable to the product ship-to location prior to SaskMade's acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on SaskMade's net income. If applicable, a separate charge for taxes will be shown on SaskMade's invoice

5. Title

Title to Products passes from SaskMade to Customer at the time the Products leave SaskMade's warehouse. Any damage to the order while in transit is the responsibility of Canada Post and any claim for damage must be filed with Canada Post per their standard terms and conditions. SaskMade will not be liable for damages or loss during transit. SaskMade will not be liable for any loss, damage or deterioration of the products that may occur due to a delayed or rescheduled delivery. It can take 3 to 5 business days for orders to leave our store. Please note that delays may occur during transit due to weather conditions, product availability, national holidays, and other factors. NO ORDERS SHIPPED ON WEEKENDS AND HOLIDAYS. Ship dates are estimates only. SaskMade is not liable for delays in shipment or failure to ship by the estimated ship date.

6. Warranties

(1) SASKMADE MAKES NO EXPRESS WARRANTIES OR CONDITIONS EXCEPT THOSE IN SASKMADE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.

(2) SASKMADE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(3) SASKMADE RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE WITH RESPECT TO FUTURE SALES AND DELIVERIES.

(4) SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

7. Return Policies & Exchanges

We want you to be pleased with our products and our service. We guarantee that your products will be of good quality and in good physical condition when shipped. Any item(s) that you deem unsatisfactory will be refunded in the form of a SaskMade Marketplace Gift Certificate limited to the cost of the item(s) deemed unsatisfactory provided that you inform us of the problem within two (2) business days of having received your order. We will not ask you to return the goods to us in order to claim a refund. Shipping and or handling costs will not be refunded under any case.

Of course we hope that you are aware that tastes, aromas, and textures are subjective and obviously not everyone has the same tastes and perceptions. We make every effort to describe our products and services in terms that are understandable and hope that you understand that just because an item does not agree with your tastes or expectations do not mean that it is defective or not of good quality. In other words, please don’t ask us for a refund just because you did not like the taste, texture or aroma of a particular item. We have a very positive and customer oriented return policy when compared to most in our industry and we reserve the right to become more strict if people begin to take advantage of our trust.

9. Products

SaskMade's policy is one of ongoing product update and revision. SaskMade may revise and discontinue Products at any time without prior notice. Our products are subject to availability due to seasonal variations. Saskmade reserves the right to make changes to its pricing to reflect changes in market supply. We pledge to make the customer aware of any changes as soon as it is possible. Our web site shows the most current and up-to-date pricing on all products.

10. Limitation of Liability

SASKMADE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT OR IN THE APPLICABLE WARRANTY STATEMENT OR SERVICE OFFERING INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. SASKMADE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.

11. Applicable Law and Not For Resale

Customer agrees to comply with all applicable laws and regulations of Canada and its provinces. Customer agrees and represents that it is buying for its own internal use only, and not for resale. SaskMade has separate terms and conditions governing resale of Products.

12. Entire Agreement

Customer agrees that these terms and conditions and any document incorporated by reference or referred to in this Agreement constitute the entire agreement between Customer and SaskMade pertaining to the subject-matter of these terms and conditions,

and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and SaskMade. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to in this Agreement, these terms and conditions of sale shall govern.

13. Severability

The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision of this Agreement and any such invalid or unenforceable provision shall be deemed to be severable.

14. Headings

The section headings used in this Agreement are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

15. Force Majeure

SaskMade shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

SASKMADE MARKETPLACE WEBSITE TERMS OF USE

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. SaskMade Marketplace (“SaskMade”) reserves the right to amend, remove, or add to these terms and conditions at any time. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by SaskMade and shall be of no force or effect.

1. Trade Marks, Copyrights and Restrictions

This site is controlled and operated by SaskMade. The telephone number is 1-888-955-1832. All material on this site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights which are owned and controlled by SaskMade or by other parties that have licensed their material to SaskMade (the “Copyrights”). Material from this Web site or from any other Web site owned, operated, licensed or controlled by SaskMade (“SaskMade’s Web sites”) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.

2. Privacy - Personal Information Sent Through E-Mail Subscriptions and Shopping Transactions

SaskMade does not share customer names, e-mail addresses or personal information required for shopping transactions or e-mail subscriptions with any outside agencies or companies. When you order items online through our Web site, you have several payment options including the use of your credit card. When you make a purchase, we will forward to the credit facility of your choice the information necessary for you to charge the amount of your purchase in accordance with the terms and conditions of such credit facility.

3. Any Other Information You Send Us

Apart from information you may forward to us concerning shopping orders or e-mail subscriptions, we do not wish to receive any information or other materials from you through this Web site that may be considered to be confidential or proprietary. All information and materials received (other than information concerning shopping orders, e-mail subscriptions and cookie-based information) will be considered to be non-confidential. If you provide SaskMade with your e-mail address or mailing address, you expressly agree and consent to SaskMade providing you with promotional material and special offers by e-mail or regular mail. We do not partner with or have special relationships with any ad server companies. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we w ill post the policy changes to our Web site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward.

4. About Information We Can Gather Electronically

Cookie technology is widely used on the Internet and we intend to use it with the intent of making your visit more effective and secure. By using “cookies” throughout your visit, SaskMade promises to deliver what you want online, when you want it. Cookie -based information is not sold or redistributed. The information helps us to:

determine what site areas you like;
offer you special sales opportunities; and
make navigation through our site easier and faster for you by removing unnecessary windows or frames.

5. Shopping Security

To ensure secure transactions, our site uses the Secure Sockets Layer (SSL) protocol, which encrypts any information you send us electronically. With this system, you can enter your credit card number, delivery and billing information safely through the secure server. The encryption process protects the information by scrambling it before it is sent to us from your computer. Should you have any questions about privacy, please e-mail saskmademarketplace@sasktel.net or call 1-888-955-1832.3.

6. Linked Sites

SaskMade, whether or not affiliated with sites which may be linked to this site, is not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.

7. Disclaimer

The materials in SaskMade’s Web sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SaskMade disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SaskMade does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that SaskMade’s Web sites or the server that makes them available are free of viruses or other harmful components. SaskMade does not warrant or make any representations regarding the use or the results of the use of the materials in SaskMade’s Web sites in terms of their correctness, accuracy, reliability or otherwise. You (and not SaskMade) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Furthermore, neither SaskMade nor its affiliated or related entities or its content SaskMades are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in SaskMade’s Web sites.

8. Jurisdictional Issues

(1) Unless otherwise specified, the materials in SaskMade’s Web sites are presented solely for the purpose of entertainment and promoting programs, films and other products available in Canada and its territories. This site is controlled and operated by SaskMade from its offices within the Province of Saskatchewan. SaskMade makes no representation that materials in SaskMade’s Web sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(2) This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Saskatchewan, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or SaskMade bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of Saskatchewan, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by SaskMade, with the excoetion of purchases made through the SaskMade Web site, which shall also be governed by the Terms and Conditions of Sale.