CONDITIONS OF USE
Welcome to www.quarkyscience.com (the “Quarky Science site”). The services on this site are offered to you by Quarky Science Hobbies and Optics, Inc. (“Quarky Science”), subject to the following conditions. If you visit or shop at the Quarky Science site, you accept these conditions. Please read them carefully. When you use any current or future Quarky Science service you will be subject also to the guidelines and conditions applicable to such service or business. By using the Quarky Science site and the services offered through it, you agree to be bound by these conditions of use and all related policies, conditions, and guidelines. If you do not agree with any of these conditions of use, you may not use the Quarky Science site.
If Quarky Science has your product(s) in stock, we will email you a shipping notice confirming that the items have shipped and are en-route to you; that notice is our acceptance of your order. In-stock orders (excluding Scheduled Delivery items) normally ship within 2 business days of placing your order. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen.
The total price of your order will be charged to your credit card when our shipping notice email has been sent to your email address. If you wish to cancel an order, you may request a cancellation by logging into your account and cancelling your order or by emailing firstname.lastname@example.org. However, we may not receive and process your cancellation request before we accept and ship your order, in which case your cancellation request may not be effective.
We rely on the information you provide through the website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other user may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
RETURNS AND REFUNDS
If for any reason you are not completely satisfied with a product you have purchased, we will gladly exchange it or give you a credit for the full purchase price if you return it to Quarky Science within 30 days after you receive it (14 days for telescopes, microscopes, spotting scopes and other optics) in its original condition (including all packaging, accessories and manuals). A restocking charge of 20% applies to all special order items. Your electronic invoice is required for all returns. In the event that a returned order has any packaging, manuals, accessories, blank warranty cards or other items missing, the return may be refused, or we may deduct the value of any of the missing items. Shipping charges are non-refundable; however, we will refund your original shipping cost if you are returning an item because of an error on our part, or we have determined that the product is defective. Items that fall under copyright laws (which includes, but is not limited to software) in opened packages may only be exchanged for the same item.
RISK OF LOSS
All items purchased from Quarky Science are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Quarky Science collects personal information for the following purposes: a) to establish and maintain responsible commercial relations with individuals and to provide ongoing service; b) to understand individual needs; c) to develop, enhance, market or provide products and services; and) to manage and develop its business and operations. This information is not shared with or sold to any other individual, business, government, or charity.
As examples of the above:
i) Quarky Science may use your personal information to contact you about changes, enhancements or similar notices related to Quarky Science products and services;
ii) if you indicate that you are interested in receiving offers or information from Quarky Science, we may send you materials about products and services that Quarky Science feels may be of interest to you; and
iii) if you enter a contest or other promotion offered by Quarky Science, Quarky Science may, under the rules of the promotion, use your name and certain other information to administer the promotion, such as contacting, announcing and promoting the winner of the promotion.
When you visit the Quarky Science site or send e-mail or post comments, feedback, or reviews, you are communicating with us electronically. In return, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Quarky Science site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENCE AND SITE ACCESS
Quarky Science grants you a limited licence to access and make personal use of the Quarky Science site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Quarky Science. This licence does not include any resale or commercial use of the Quarky Science site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Quarky Science site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. The Quarky Science site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Quarky Science. You may not frame or utilize framing techniques to enclose any logo or proprietary information (including images, text, page layout, or form) of Quarky Science without express written consent. You may not use any meta tags or any other “hidden text” utilizing Quarky Science’s name without the express written consent of Quarky Science. Any unauthorized use terminates the permission or licence granted by Quarky Science. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the any web page on the Quarky Science website, so long as the link does not portray Quarky Science or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
If you use the Quarky Science site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC. We reserve the right at any time to reject, correct, cancel, or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our website, we will provide you with an opportunity to place an order at the correct price. Quarky Science reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders to their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any user or entity, or otherwise mislead as to the origin of a card or other content. Quarky Science reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Quarky Science a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Quarky Science the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any user or entity; and that you will indemnify Quarky Science for all claims resulting from content you supply. Quarky Science has the right but not the obligation to monitor and edit or remove any activity or content. Quarky Science takes no responsibility and assumes no liability for any content posted by you or any third party.
Quarky Science attempts to be as accurate as possible. However, Quarky Science does not warrant that product descriptions or other content of the Quarky Science site are accurate, complete, reliable, current, or error-free. If a product offered by Quarky Science itself is not as described, your sole remedy is to return it in unused condition.
All prices are in Canadian dollars.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY QUARKY SCIENCE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QUARKY SCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUARKY SCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUARKY SCIENCE DOES NOT WARRANT THAT THE QUARKY SCIENCE SITE;, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS, OR E-MAIL SENT FROM QUARKY SCIENCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUARKY SCIENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE QUARKY SCIENCE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Quarky Science site, you agree that the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Quarky Science .
Any dispute relating in any way to your visit to the Quarky Science site or to products you purchase through Quarky Science shall be submitted to confidential arbitration in Victoria, British Columbia, Canada except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Quarky Science, Quarky Science may seek injunctive or other appropriate relief in any state or federal court in the province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association of British Columbia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the Quarky Science site. Your use of the Quarky Science site will be subject to the version of the Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the Quarky Science site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE QUARKY SCIENCE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.