Terms & Conditions

TERMS OF SERVICE

Last updated on, 2018

These 2129658 Ontario Limited, doing business as Proweld Electric Fireplaces, terms of service (the “Agreement” or the “Terms“) are a legal agreement between you (“you,” “your“) and Proweld Electric Fireplaces, an Ontario corporation (“Proweld Electric Fireplaces,” “we“, “our” or “us“).

Our website (the “Website”) enables you to purchase our products online in a fast and convenient way. By utilizing the Website, you become subject to these Terms. Please read these Terms carefully before using the Website. By accessing or using the Website, you explicitly agree to comply with and be bound by the Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Terms, do not use the Website. The Website is for your own use only. You may not resell, lease or provide them in any other way to anyone else. You must be the age of majority in your jurisdiction of residency to use our Website.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Proweld Electric Fireplaces or its affiliates for products, Website or otherwise. Also, these Terms are in addition to the end user license agreement for any website we may provide.

Proweld Electric Fireplaces reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline relating to the Website, at any time and in its sole discretion. If you do not agree with the changes, you can cancel your account with us without further obligation or cease to use the Website. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions through the Website, and your continued use of the Website after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Website. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Website. If you have any questions about the Terms, please contact us.

SERVICE AND PASSWORD SECURITY

You are responsible for maintaining the confidentiality of your Website password, and are responsible for all activities that occur under your account. You agree to immediately notify Proweld Electric Fireplaces of any unauthorized use of your password or account or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.

Proweld Electric Fireplaces reserves the right to revoke access to the Website, at its sole option and discretion and without notice to you, if any misuse or foul play occurs or is suspected within the system.

Proweld Electric Fireplaces will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

PRIVACY POLICY

Please refer to Proweld Electric Fireplaces’ privacy policy (the “Privacy Policy“) for information on how Proweld Electric Fireplaces collects, uses and discloses personally identifiable information from its members. By agreeing to these Terms or using the Website, you agree to our collection, use and disclosure of your personally identifiable information in accordance with the Privacy Policy. The Privacy Policy can be found here.

PAYMENT TERMS

A valid credit card or PayPal account is required to set up any type of account with Proweld Electric Fireplaces.

Customers acknowledge that Proweld Electric Fireplaces relies on the validity of payment to complete your transaction, and that by providing our company with payment information you are agreeing to the following terms and conditions:


ART L1

Any provision of payment information is the responsibility of the customer and Proweld Electric Fireplaces is not responsible for any duties in all respects pertaining to payment security unless otherwise stated. The cardholder understands that safeguarding payment cards registered and offered is their responsibility and will reimburse the company in the eventuality of lost or stolen card information.

In the eventuality of any dispute in payment validity by the company, the cardholder is held up to standards to complete payment in full. The cardholder acknowledges that the company is relying on the veracity of any payment provided, and that authorization for the payment constitutes full and final proof of the customer’s liability for any financial obligations incurred. The customer agrees to resolve any and all claims through the company’s refund policies, and in the event that company policy dictates no refund for purchase will be given, the customer will relinquish all right to claim full or partial refund.

The customer agrees to immediately reimburse Proweld Electrical Fireplaces for any financial costs, loss and problems incurred in the recovery of any amounts upon notification by the company in the event of the customer registering claims outside these terms and conditions. The customer understands that the company uses all reasonable and verified security measures to process and validate payment information and that authorization of any transactions by your financing institution is irrevocable proof of the customer’s liability.

The customer similarly understands and agrees that the shipment of any item from Proweld Electric Fireplaces, whether registered to the address of the card or not, is agreement to the terms and conditions contained within these grounds, and is not any manner of grounds for non-payment.

Methods of Payment:

You can rest assured that no matter what kind of payment you use, your information is handled securely and safely. Your totals at check out will include all costs; including provincial/federal taxes, shipping and handling charges and additional costs, which will be clearly outlined if incurred as a result of your location. Contact us for our shipping rates, or to inquire about international purchases. Any taxes or duties which may arise as a result of international shipping are the sole responsibility of the customer.

We accept the following methods of payment:

  • Visa
  • MasterCard
  • Paypal
  • Inquire about payment with other options directly.

PRICING AND SHIPPING

Proweld Electric Fireplaces lists product retail prices as suggested by our manufacturer or supplier, and regularly update prices according to updates or promotions. As pricing is subject to change, small

amounts of items may be mispriced or mislabeled. We reserve the right to correct or adjust pricing when applicable. If you are aware of an error in pricing, please notify us directly.

ONLINE ORDERING, SHIPPING AND PRODUCT PRICE INQUIRY

Our fireplace experts are there to help you customize and order, and to provide you with accurate quotes and product suggestions. We highly recommend our customers take advantage of this feature to get the most out of our Website. In order to further facilitate your experience, we will always confirm pricing and shipping/pick-up location, as well as provide you with timing of delivery whenever possible.

We offer delivery for online orders throughout the Greater Toronto Area and further, whenever possible. We ship throughout Canada, however you are subject to additional shipping charges if shipping outside the Greater Toronto Area. Please contact us directly with your shipping questions.

REFUND POLICY

We do not provide refunds for misplaced orders, or orders of the wrong item. Please ensure that the new product you are purchasing online is the one you are intending to buy. We recommend you call our office or stop by our showroom to discuss your item.

If your order is damaged, non-functional or missing parts, please contact us immediately and we will attempt to rectify the issue. We should be notified within 24-48 hours of receiving damaged item. Please note that if the exterior packing of your item is damaged upon return, we will apply charges. ProWeld Electric Fireplaces reserves the right to determine whether the item damages are covered by warranty.

WARRANTY INFORMATION

All of our electric fireplace items are covered by a complete warranty from the manufacturer. We are a trustworthy, authorized online retailer of high-quality electric fireplaces. We understand that an electric fireplace is an investment, which is why all of our products come with our warranty. This way you can be assured that in the eventuality of any issues, you will receive a new product and we are responsible for any flaws and issues. You will find complete warranty information under the Warranty Information page within product specifications/manual. This can be downloaded directly from the product page.

The warranty for Amantii and Sierra Flames electric fireplaces is from the manufacturer only. As we are a reseller of high-quality fireplaces, we do not offer repairs on items. For repairs to your electric fireplaces please contact the manufacturer directly. Redmond Williams is available toll free at 1-888-571-2627 for all warranty information.

For all other products by Paramount, as well as outdoor heaters, please contact Paramount for repairs and service at 1-800-561-5550, and bring them for repair to JR HOMES – 161 North Rivermede Road Unit #5, Concord, ON L4K 2V3.

Repairs from either manufacturer are generally available within your home, if you are located within the Greater Toronto Area. If outside the area, you are responsible for uninstallation and shipping of the damaged items at your own costs. Contact the manufacturer directly for more information, or call our store.

All units sold by ProWeld Electric Fireplaces come with a one-year warranty, which is only applicable with receipt of purchase. The warranty is not valid without proof of purchase.

DIRECT PURCHASE ITEMS

If purchasing directly from our showroom, please ensure that you have the space within your vehicle as well as the manpower to load your item. Oversized items unable to be placed within a vehicle may be shipped to your home, and you will be responsible for shipping costs. Later-date pick up is available. Inquire directly, or speak to our team members ahead of time for assistance with direct purchase items.

OPINIONS AND CONTENT

Information included in the Website may be provided by third parties. The comments and opinions expressed in information found in the Website are those of the authors who provided them. They do not necessarily represent the views of Proweld Electric Fireplaces, its management or employees or its affiliates nor does Proweld Electric Fireplaces or its affiliates endorse said comments and opinions.

HANDLING OF COMMENTS POSTED

In addition to the other terms and conditions herein, here are some other things you should know:

All comments may be reviewed before posting and best efforts will be made to post appropriate comments within 24 hours if such review is undertaken. We reserve the right to decide what to post. This includes removing posts, and whether we will respond to posts.

Please respect other users; this means that comments must not be inappropriate, abusive, contain profanity or be otherwise offensive.

Please stay on-topic; all comments must relate in some way to the post on which you are commenting.

We respect copyright laws. By posting, you represent that you have the right to share the material in your posts, including without limitation, trademarks and copyrighted material.

This is a public forum. If you do not agree with these Terms, do not post here.

Because of the relatively informal nature of this blog, we avoid marking our trademarks at every instance. However, we continue to reserve all rights in our trademarks, regardless of how they are used on this Site.

Although we welcome feedback from customers, this blog is not intended to replace our customer service team. Comments or questions relating to specific issues beyond the scope of the blog discussions should be directed to us via email. Please also check the Proweld Electric Fireplaces Support Forums for additional help.

CONTENT SUBMITTED BY YOU

By posting, uploading, inputting, providing or submitting any information to this site, you consent to Proweld Electric Fireplaces’ collection of such information, and you grant Proweld Electric Fireplaces, its affiliated companies and necessary sublicensees permission to use such submitted information in

connection with the operation of the Website and its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted information; and to publish your name and any contact information you approve of in connection with your submitted information. You warrant and represent that you own or otherwise control all of the rights to any information submitted by you to Proweld Electric Fireplaces through this site or otherwise, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your submitted information. No compensation will be paid with respect to the use of your submitted information. Proweld Electric Fireplaces is under no obligation to post or use any information you may provide and Proweld Electric Fireplaces may remove any such information at any time in its sole discretion. For greater certainty, Proweld Electric Fireplaces does not claim ownership to any information that you may provide to Proweld Electric Fireplaces, unless otherwise expressly provided. Notwithstanding the foregoing, any enhancements made by you or anyone acting on your behalf, including your employees, will be the property of Proweld Electric Fireplaces without any further consideration to you, whether or not such enhancements are incorporated into Proweld Electric Fireplaces’ Website.

In the event that you submit personal information to Proweld Electric Fireplaces in confidence through this site, you consent to the collection, processing, transmission and disclosure of such information by Proweld Electric Fireplaces for the purposes of Proweld Electric Fireplaces internal use and specifically the purposes set out on the Website requesting such information or in Proweld Electric Fireplaces’ Privacy Policy. Proweld Electric Fireplaces will make commercially reasonable efforts to keep such personal information confidential, and shall not disclose such personal information to any third party except in accordance with our Privacy Policy.

UNSOLICITED SUBMISSIONS

Proweld Electric Fireplaces welcomes comments regarding its Website. However, Proweld Electric Fireplaces’ policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Proweld Electric Fireplaces’ very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. While we do value your feedback on our Website and products, we request that you be specific in your comments on those Website and products and not submit any creative ideas, suggestions or materials.

If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Information“), the Unsolicited Information shall be deemed, and shall remain, the property of Proweld Electric Fireplaces. None of the Unsolicited Information shall be subject to any obligation of confidentiality on the part of Proweld Electric Fireplaces and Proweld Electric Fireplaces shall not be liable or owe any compensation for any use or disclosure of the Unsolicited Information.

OWNERSHIP AND COPYRIGHT

Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained in or communicated using the Website, including, without limitation, the Proweld Electric Fireplaces logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Content“) are the property of Proweld Electric Fireplaces or its licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved. Nothing contained in the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Proweld Electric Fireplaces or any third party without the prior

written permission of Proweld Electric Fireplaces or such other party that may own such patent, trademark, copyright or other proprietary right(s).

TRADEMARKS

Proweld Electric Fireplaces, its logo and all other product or service names or slogans displayed on or communicated through the Website are registered and/or common law trademarks of Proweld Electric Fireplaces and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Proweld Electric Fireplaces or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Proweld Electric Fireplaces and may not be copied, imitated or used, in whole or in part, without the prior written permission of Proweld Electric Fireplaces. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Website are the property of their respective owners. Reference to any products, Website, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Proweld Electric Fireplaces.

LIMITED LICENSE TO THE CONTENT

Proweld Electric Fireplaces grants you a limited, non-sublicensable license to access and use the Website and to view portions of the content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view portions of the content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Website or the content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Website or the content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Website or any content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or content without the prior written permission of Proweld Electric Fireplaces is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

You represent and warrant that your use of the Website and the content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Proweld Electric Fireplaces against any liability to any person arising out of your use of content not in accordance with these Terms.

To request permission for uses of content not included in the foregoing license, you may contact Proweld Electric Fireplaces at the address set out at the bottom of these Terms.

HYPERLINKS

The Website may contain links to third-party web sites (“Third-Party Sites“) and third-party content (“Third-Party Content“) as a service to those interested in this information. You use links to Third-Party

Sites, and any Third-Party Content therein, at your own risk. Proweld Electric Fireplaces does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Proweld Electric Fireplaces provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Proweld Electric Fireplaces’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Proweld Electric Fireplaces accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or web sites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

ADVERTISEMENTS AND PROMOTIONS

Proweld Electric Fireplaces may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, parties other than Proweld Electric Fireplaces, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Proweld Electric Fireplaces is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

REGISTRATION DATA AND ACCOUNT SECURITY

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data“); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Proweld Electric Fireplaces, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Proweld Electric Fireplaces. We mail checks to the address and send notices to the email address you maintain in your Registration Data. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current.

LIMITATIONS OF LIABILITY

YOU SPECIFICALLY AGREE THAT PROWELD ELECTRIC FIREPLACES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT PROWELD ELECTRIC FIREPLACES IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PROWELD ELECTRIC FIREPLACES IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE BLOGS, COMMUNICATION WEBSITE AND/OR INCLUDED IN THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL PROWELD ELECTRIC FIREPLACES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) LOSS OF ENJOYMENT, (5) INJURY OR DEATH, (6) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT PROWELD ELECTRIC FIREPLACES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

USER COMMUNICATIONS

Proweld Electric Fireplaces is under no obligation to refrain from reproducing, publishing or otherwise using, without compensation, communications other than personal information, you send to or receive from Proweld Electric Fireplaces by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or Website incorporating such information.

APPLICABLE LAW AND VENUE

The Website (excluding Third-Party Sites) are controlled by Proweld Electric Fireplaces and operated by it from its offices in Ontario. While Proweld Electric Fireplaces has made no effort to publish the Website other than in certain Provinces of Canada and the United States, the Site is accessible elsewhere.

You and Proweld Electric Fireplaces explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

You agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Website from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Proweld Electric Fireplaces for your failure to comply with any such laws.

TERMINATION / MODIFICATION OF LICENSE AND SITE OFFERINGS

Notwithstanding any provision of these Terms, Proweld Electric Fireplaces reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Website, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website or content; (c) change, suspend or discontinue any aspect of the Website or content; and (d) impose limits on the Website or content.

ASSIGNMENT

Proweld Electric Fireplaces may assign all of its rights, interests and obligations pursuant to this Agreement to any person or company without your consent. You shall not assign or transfer any of your right or obligations pursuant to this Agreement without the prior express written consent of Proweld Electric Fireplaces.

MISCELLANEOUS

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Proweld Electric Fireplaces may assign any or all of its rights

hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Proweld Electric Fireplaces, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Proweld Electric Fireplaces regarding your use of the Website, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Proweld Electric Fireplaces regarding your use of the Website.

QUESTIONS AND COMMENTS

If you have any questions regarding these Terms or your use of the Website, please submit a support request or contact us:

Phone: 905-669-8633

Or visit us in person at: 371 Bradwick Dr. #5, Concord, ON L4K 2P4, Canada