Terms of sale
CCM Terms and Conditions of Sale
ccmhockey.com Canada – Last Updated as of May 31, 2021.
The following Terms and Conditions of Sale (the “Terms of Sale”) of this CCM website (the “Website”) apply to all orders placed by the customer (“you”) on the Website. You are welcome to print the text of these Terms of Sale for reference.
Your use of this Website, and your purchase of any products offered on this Website, is subject to and conditional upon your acceptance of these Terms of Sale. Except where you have otherwise expressly agreed to and accepted these Terms of Sale, use of this Website signifies and constitutes your agreement to comply with, and be bound by these Terms of Sale, including the terms, conditions and provisions of the “General Terms and Conditions of Use” and the “Privacy Notice” posted on this Website, which you agree are hereby incorporated into, and form a part of, these Terms of Sale. The CCM Website General Terms and Conditions of Use and the Privacy Notice.
You may only purchase or order items for personal, non-commercial purposes. Any resale or distribution of CCM products purchased on this Website is strictly prohibited.
The Website is for general purpose and is not targeted towards children under the age of thirteen (13). By accessing or using the Website, including by registering an account on the Website, you represent and warrant that are the age of majority in your place of residence or older. If you are under the age of majority in your place of residence, you should use the Website only with the consent and supervision of a parent or guardian.
SPORT MASKA INC. ("CCM", “us” or “we”) may amend these Terms of Sale at any time immediately upon revision hereof and posting same as revised. You are solely responsible for reading these Terms of Sale each time you visit and use this Website, and your continued use of this Website after any such amendment shall be deemed to express your unqualified agreement with these Terms of Sale as then amended. You expressly agree that CCM has no obligation to provide you with any notice of any changes, other than publishing the “Last Updated” date, and to the fullest extent permitted by applicable law, you hereby expressly waive any right you may have to receive any other notice of any changes to these Terms of Sale.
You can create an account in order to save your invoicing and delivery information for future orders. Note that purchases can also be made on the Website as a guest without the need to create an account.
If you create an account, you will be asked to create your own password for subsequent use of the account. At your own risk, you agree to secure and protect your login information confidential and never communicate it to third parties. Accordingly, you agree that any purchase made using your login information shall be deemed to be done by you as the owner of the login information. If your password is lost, stolen or used fraudulently, you must inform CCM immediately. You may deactivate your account on this Website by contacting CCM's Customer Service department. After deactivating your account, you are free to create a new account at your convenience.
Terms of Ordering
This Website may be used to order a selection of CCM products from CCM, directly online via the Internet for delivery in Canada only. For each order on this Website, you accept the version of these Terms of Sale that is in force at the date on which your order is placed.
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing personalized items, adding items to your shopping cart and submitting your order.
A customer service representative is available to assist with questions, Monday to Friday, 9:00 a.m. to 5:00 p.m. EST toll free from anywhere in Canada at 1-800-644-1677 excluding national holidays.
For any exceptional order, please contact CCM's Customer Service by phone or by email.
Availability of Products
Our offers of products and prices are valid only as they are presented on this Website, and subject to availability. From time to time, errors on this Website may exist, or information displayed on this Website may change, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of that by email as soon as possible.
If you cancel your order for non-personalized products or personalized products due to unavailability, we will forthwith cancel all corresponding holds or pre-authorizations on your credit card. We reserve the right to correct any errors, inaccuracies. or omissions, to change or update information, and cancel orders if any product information is incorrect at any time without prior notice, regardless of whether the order has been confirmed or your credit card has been charged.
If you believe your order has been cancelled by mistake, please contact our Customer Service department.
If an item you want is unavailable on the Website, please check back later. Note that some items may be unavailable even if the Website indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. CCM is not liable in case of stock outage or unavailability of products.
CCM reserves the right to change the products proposed on the Website at any time and without any previous notice.
The products which may be subject to a personalized marking are indicated on the Website with a specific mention. Some products on the Website are exclusively sold with a personalized marking and therefore may not be purchased without customization.
From time to time, some CCM products may be offered for sale only through this Website.
Representation of products on website
While every effort is taken to try to ensure that the colouring, design and style of the CCM products in the photographs displayed on this Website are representative of the original products, variations may occur due to technical restrictions of colour reproduction on your computer.
Accordingly, CCM shall not be responsible or liable in connection with any variations that occur due to technical restrictions of your computer, including any error or inaccuracy in the photographs or graphical representations of CCM products displayed on this Website. If you have any questions about the products, you may contact our Customer Service department.
Finalization of the order
For each product selected on this Website, a summary page will be displayed automatically featuring a photograph of the item, its colouring and references, the quantity selected, its unit price, the total amount owed for your order, applicable taxes and shipping costs. You are responsible for ensuring that information accurately reflects your selection before confirming your order.
By placing an order through this Website, you make an offer to purchase the products you selected. The order you place will not constitute a binding contract between you and CCM unless and until CCM provides an on-screen confirmation of your order. A copy of the confirmation will also be sent to you to the email address you provided during check-out. The confirmation email will identify the products selected, the quantity of items purchased, the price for each items, shipping costs, applicable sales taxes, and total transaction cost.
Upon confirmation, your order will be submitted to CCM for processing. You agree that all purchases you make on this Website are from CCM and no other party, and all legal and contractual obligations and duties in any connection with this Website, including any related orders and purchases, are strictly and exclusively between you and CCM.
Please note that each custom-made marking on a personalized product is unique, and the photograph displayed of each personalized product on the Website is only a simulation. Accordingly, CCM shall not be liable for any difference between a photograph of a marking on a personalized product that is displayed as a simulation on the Website and the delivered personalized product.
For every order you make on this Website, you must provide the complete and accurate information that is required. The information requested shall include your: title (if applicable), surname, first name, phone number, e-mail address, delivery and invoicing address.
CCM, acting reasonably and in good faith and to the fullest extent permitted by applicable law, reserves the right, in its absolute discretion, except as required by law, to (i) limit the quantities of items you may purchase, and (ii) decline, correct, cancel or refuse your order in the following situations, without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we cancelled:
- the product is not available or in stock;
- your billing information is not correct or not verifiable;
- your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
- we believe you are under the applicable legal age of majority;
- we believe that you are a reseller;
- there was an error in the price displayed on the Website;
- we could not deliver to the address provided by you;
- due to Force Majeure, act of God, pandemic, or other occurrences outside of CCM’s control; or
- in the event of misspelling, pricing or other errors or mistakes in the Website information.
In order to help protect you and CCM from potentially fraudulent transactions, CCM may provide your transaction-related information to third party organizations to perform an address verification, in accordance with the terms of our Privacy Notice. This address verification is to help ensure that the "bill to" address provided matches your credit card billing address. In the event that CCM determines that it cannot (or is unable to) to ship an item, you will be notified by email and any corresponding holds or pre-authorizations on your credit card will be cancelled (or corresponding payment refunded in the event your credit card has already been charged).
For each order to purchase products on this Website, you will receive an order confirmation by e-mail. The acknowledgement of receipt shall mention the description of the products selected, the quantity, the price, the shipping cost and applicable sales taxes.
This Website records and maintains a record of all transactions operated between CCM and its customers. You agree and confirm that, in case of dispute between you and CCM about a transaction made on this Website, all information, transaction data, records, and your activities on this Website that is captured, recorded, stored and maintained by CCM shall constitute accurate, complete and reliable records and admissible legal evidence of all such activities, information, transactions and related content.
The prices of CCM products are indicated in Canadian currency, excluding taxes and shipping costs (see “Shipping and Delivery" section below).
CCM reserves the right to modify the prices of products offered on this Website at any time and without prior notice to you. You will be charged the prices displayed on this Website at the time your order is placed provided the products ordered were available at this time, for the amount stated on the confirmation page and in the confirmation email. The personalized marking will be invoiced according to the products concerned.
For non-personalized products, we will charge your method of payment once we notify you that the purchased goods have been shipped. For personalized products, we will charge your method of payment when the order is placed.
We only accept payment by the following credit cards: MasterCard®, Visa® and American Express®. Your order will only be processed and accepted once we have verified your payment method and received authorization to process your payment.
We use the services of Moneris (the “Payment Processor”), a third-party payment processor, in order to process all payments made on the Website. By entering your credit card information and placing an order on the Website, you agree to us sending such credit card information to the Payment Processor in order to process your payment.
If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the products purchased.
The total price specified in the final check out screen includes taxes and shipping costs. This price will be recorded in the order confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
SHIPPING AND DELIVERY
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in this Website.
Products purchased via this Website may only be delivered within Canada.
Any delivery address situated outside of Canada will result in an inability to complete an order or the cancellation of an order. CCM will not process any order for which a post office box address is provided.
Delivery of products purchased through the Website will be made via FedEx.
You will be asked to select the shipment method you would prefer as part of the order procedure. Shipping is extra depending on the delivery address. Except as otherwise indicated herein, shipping costs will be payable by you in addition to the price, including taxes, of the products ordered. Surcharges may apply for deliveries to certain areas. Shipping charges will be disclosed to you on both the checkout page and in the confirmation email you will receive after purchase.
Please note that any order including at least one product with personalized marking entails an additional time period for delivery. If the personalized marking process is to take longer than usual, you will be notified accordingly. An order including such a product will be dispatched only when this product has been marked with the personalized marking.
Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to certain geographical constraints, an order for multiple products may result in split shipments.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. You will not be charged for any additional delivery cost, and your credit card will only be debited for the products shipped.
For deliveries to a postal address:
- During the check-out process and before you place your order, we will inform you of the estimated time for delivery, the various shipping methods available, and the shipping costs associated with each shipping method for the products purchased.
- Some items may be subject to delivery delays depending on stock availabilities as well as factors beyond CCM’s control. If your order is not able to ship within the time frame initially shown to you on the Website and confirmed to you in the order confirmation email you received after placing your order, a customer service representative will contact you to provide more detail and an estimated shipping date.
If your order does not arrive by the scheduled delivery date, please contact our Customer Service department.
You should check that your shipment is correct on delivery. If there is any damage or discrepancy in your order when the products are delivered to you, you should note the nature of the potential damage or discrepancy (e.g., open package, damaged goods, etc.) on the delivery notice, and sign to the extent required.
If the products do not conform to your order or you are not satisfied with them, you may return them and request a refund according to the Returns and Refunds provisions of these Terms of Sale.
Neither CCM nor you shall be responsible for damages or for delays, interruptions, or failures in performance resulting from (whether directly or indirectly) acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, public health emergencies, natural disasters, extreme weather, water, acts of God, third party criminal conduct, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation disruptions, fuel or energy shortages, or acts or omissions of other common carriers (any one of such occurrences a “Force Majeure”).
RETURNS AND REFUNDS
Returns and Refunds
Your order may be accepted for refund if returned unused, in original condition and packaging (including, without limitation, labels and tags), within thirty (30) days from the delivery date.
Returning a product for refund is complimentary. CCM will provide you with a pre-paid return label from FedEx or another reputable carrier. Visit the Returns section in the Customer Service section of the Website to initiate a return procedure. Shipping costs for the initial delivery of the returned product(s) are not refundable.
A product ordered on the Website that has been subject to a personalized marking at your request will not be accepted for return. All customized items or items subject to a personalized marking are final sale and are not eligible for returns, exchanges, cancellations, or alterations. Face masks and medical supplies are also final sale and not eligible for refunds.
If you ask for a purchase price refund, CCM will use commercially reasonable efforts to ensure that such refund will be made within 15 days of receipt of the products returned by crediting the credit card which was used to pay for the order.
CCM has sole and absolute discretion in determining whether the returned products are unused and in original condition and packaging when returned to CCM.
For the avoidance of doubt, CCM does not allow refunds for goods purchased in physical stores via this Website.
You represent and covenant that you are accessing this Website, and engaging in any associated transactions, within North America and not from any other jurisdiction, territory or nation whatsoever. CCM reserves the right to prosecute all misrepresentations, willful injury, fraud, malicious conduct, and any criminal conduct that you may engage in in any connection with this Website.
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.