Dyson Terms & Conditions

This www.DysonCanada.ca website (the “Website”) is owned and operated by Dyson Canada Limited of 312 Adelaide Street West, 7th Floor, Toronto, Ontario, M5V 1R2 and its affiliates (collectively "Dyson").

Revised as of: 10/03/2015

Using the Website - Terms of Use

  1. All users of this Website agree that their accessing and use of this Website and the sale of goods and services offered on this Website are subject to these terms of use and all other disclaimers, guidelines, policies and terms and conditions appearing on the Website (collectively, the "Terms of Use") and all applicable laws, and that any such access or use is an acknowledgement that the user has read the Terms of Use and agrees to follow and be bound by them. The Terms of Use are subject to change at any time without prior notice. We therefore recommend that you read them carefully each time you use this Website.
  2. All content, graphics, code and software used on or incorporated into this Website and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Dyson and all rights thereto are specifically reserved. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or logo displayed on this site without the written permission of Dyson. Users may electronically copy and print hard copies of pages from this Website solely for personal, non-commercial purposes related to ordering goods from or shopping with Dyson through this Website. Any other use of this Website or content or information contained in this Website, including but not limited to reproducing, publishing, uploading, posting, transmitting or distributing such content or information in any way is strictly prohibited without the prior written consent of Dyson.
  3. Dyson does not guarantee that the information contained in this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Dyson therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on this Website at any time without prior notice and further reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.
  4. This Website, and any information or content on this Website, are provided "as is". Dyson makes no representations or warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to this Website or content or information available on or through this Website. In no event shall Dyson, its directors, officers, employees, affiliates, successors, assigns or other representatives be liable, whether in contract, warranty, tort, product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website or any content on this Website, even if Dyson or its representative has been advised of the possibility of such damages. Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
  5. Dyson and www.DysonCanada.ca as well as other Dyson logos, marks, trade names, page headers, graphics, buttons, images and other content on this Website, are subject to trademark, service mark, copyright and or other proprietary or intellectual property rights or licenses held by Dyson. Other trademarks, product names and company names or logos used on this Website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Website is strictly prohibited.
  6. Dyson does not make any representations or warranties about any Website you may access through this Website. Any such Website is independent from Dyson and Dyson has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between this Website and another website does not mean that Dyson endorses that website.
  7. As a user of the Website you may have occasion to post content to the Website, including reviews, comments, photos, videos and other content. By posting content, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:
    • is not consistent with the permissible uses outlined by these Terms of Use, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
    • infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    • constitutes commercial solicitation, political campaigning, or advertising or promotion, or any other form of unauthorized solicitation. Links that connect to commercial Web sites will not be considered unauthorized solicitations unless the link or the Web site content appears to be intended as a means of solicitation as determined by Dyson in its sole discretion;
    • contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
    • provides any non-public information about Dyson or any of its affiliates or any other company without the proper authorization to do so. This includes providing the names, addresses and extension numbers of employees of Dyson or any of its affiliates;
    • provides any personal information about any identifiable individual including other Website users without proper consent to do so;
    • intentionally interferes with the operation of this Website, including without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
    • impersonates any person or entity, including an employee of Dyson or any of its affiliated entities, or otherwise misrepresents the origin of content;
    • attacks or insults another Web site user or Web site manager; or suggests or encourages illegal activity.
  8. If you do post content or submit material, and unless Dyson indicates otherwise in writing, you grant Dyson and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, perform, create compilations and derivative works from, distribute, and display such content throughout the world in any media whether now known or hereafter developed. You grant Dyson and its affiliates and its and their sublicensees the right to use the name that you submit in connection with such content, if they choose. You waive your moral rights in the content in favour of Dyson and its sublicensees. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that you have the right to grant Dyson the license referred to above; that the content is accurate; that use of the content you supply does not and will not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dyson and its affiliates for all claims resulting from content you supply.
  9. Dyson generally does not pre-screen, verify or edit the content posted by users to this Website. However, Dyson and its agents reserve the right to do so and investigate any violation of these Terms of Use and to take appropriate remedial action. Dyson has absolute discretion to enforce these Terms of Use, including, but not limited to, warning users of violations, disabling or suspending access, deleting, screening or editing any content, or prohibiting any behaviour that does not comply with these Terms of Use, or which is otherwise inappropriate for this Website as determined by Dyson in its sole discretion. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to post content to this Website violates these Terms of Use and may result in legal action.
  10. Dyson and its affiliates also may release information concerning you and the content posted by you when Dyson believes release is appropriate to comply with the law; to enforce or apply these Terms of Use; and to protect Dyson or its affiliates' rights or property, or to protect Dyson's users from fraudulent, abusive, or unlawful use of content posting features; or if Dyson reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records.

Purchasing from the Website – Terms of Purchase

  1. In addition to the Terms of Use of the Website, the following terms (the “Terms of Purchase”) govern any order or purchase you (the individual completing an order, “you”) make on the Website. By proceeding to place an order and accepting these Terms of Purchase, you agree to be bound by these Terms of Purchase whether or not you have read them. If you do not agree to these Terms of Purchase, proceed to cancel your order now. Please print a copy of these Terms of Purchase for your records.
  2. All advertisements on the Website are invitations to purchase and not offers to sell. Dyson reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.
  3. Once you have submitted an order, receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that the order has been received by Dyson and does not constitute acceptance of your order. Dyson reserves the right at any time after receipt of your order to accept or decline your order for any reason and Dyson will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Dyson rejects the order, Dyson will have no obligation to fulfill your order and you will have no obligation to pay Dyson for the order.
  4. Even though we try to accept all orders, sometimes this might not be possible. If your order is declined or cancelled by us after your credit card has been charged for the purchase, we will promptly issue a credit to your credit card.
  5. You agree to pay Dyson the amount set out as the “Total” in your order summary. Payment for the goods you order must be made by Pay Pal, American Express, MasterCard or Visa credit card and you represent and warrant that you are the cardholder of the applicable card and authorize Dyson to charge this card for the fees. If your payment is rejected by the card issuer, Dyson will have no obligation to fulfill your order and your order will not be shipped. The ownership of the ordered goods will only pass following payment in full.
  6. The prices and availability of the goods displayed on the Website are subject to change without notice.
  7. Your order will be shipped via Purolator to the Canadian delivery address specified by you during the order process. Delivery dates of the goods are intended to be an estimate only. If you select the standard shipping option, wee will ship the goods within 7-10 business days, plus processing time, upon the acceptance of your order, subject to availability of stock. If you order more than one product, your order may be dispatched separately and may be delivered to you at different times. If you select the expedited shipping option, we aim to ship your item within 1-3 business days, plus processing time. Dyson Canada will make every effort to process orders within this timeframe, but issues outside of our control, such as weather, may cause delays. Dyson Canada will not be held liable for shipping delays in those cases. To process orders within this timeframe, we may need to contact you to validate your credentials. Please note that there are a small number of postal codes, usually in remote rural areas, to which we may not be able to deliver within this timescale. In this instance, free standard shipping will appear in your order summary instead. If you have any queries regarding your order, please contact service@dysoncanada.ca.
  8. The goods will be at your risk from the time of delivery.
  9. Dyson’s personal information practices with respect to the Website are governed by Dyson’s Privacy Policy, available here.
  10. We hope that you will be totally satisfied with your order. Return of any purchased goods will only be accepted if you notify Dyson of your intent to return the goods and return the goods within thirty (30) days of receiving the goods. Your notification may be given either:
    • By post to the address above, marked for attention of the Customer Service
    • By email to service@dysoncanada.ca; or
    • Call Helpline 1-877-397-6622
  11. You must return the goods in their original packaging to us. Note that if you fail to take reasonable care of the goods we might not be able to accept their return. Otherwise, Dyson will refund the full purchase price to you within 30 days of the receipt of your notice of cancellation. Dyson will pay in advance for the return shipping of any machines.
  12. Certain jurisdictions may provide you specific cancellation right; Dyson will respect all such applicable laws.
  13. To the full extent permitted by applicable laws, in no event shall Dyson be liable for any indirect, special, incidental, consequential, punitive or aggravated damages or any other damages of any kind, arising out of or in connection with any goods or products purchased on the Website or their use or misuse, whether or not arising from breach of contract, tort (including negligence), civil liability or otherwise, even if it has been advised of the possibility of such damages. This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of this agreement or any fundamental breach of this agreement.
  14. Tax Rates
    • Alberta: 5%
    • British Columbia: 12%
    • Manitoba: 13%
    • New Brunswick: 13%
    • Newfoundland and Labrador: 13%
    • North West Territories: 5%
    • Nova Scotia: 15%
    • Nunavut: 5%
    • Ontario: 13%
    • Prince Edward Island: 14%
    • Quebec: 14.975%
    • Saskatchewan: 10%
    • Yukon Territory: 5%

DysonCanada.ca Exclusive – Bonus Gift

Promotion only valid while supplies last.

  1. This offer is only valid on purchases of eligible new vacuums completed between 12:01 a.m. EST July 01, 2015 and 11:59pm. EST July 31, 2015 for purchases by residents of Canada who select a shipping address in Canada.
  2. Excludes all Dyson Fan heater, Dyson Fan, Dyson Airblade, Dyson engineered tools, parts, accessories and refurbished machines.
  3. Does not apply, and may not be used with any other offers, sales, rebates, coupons, or promotions.
  4. Promotion is end-customers only and does not apply to purchases by distributors, resellers, retailers or other parties.
  5. Dyson reserves the right to withdraw, amend or otherwise modify this promotion at any time without notice.

General

The Terms of Use and Terms of Purchase (together, the “Terms and Conditions”) are governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence requires that the laws of such province to govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Dyson or relating in any way to your use of the Website or a purchase made on the Website will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.

These Terms and Conditions, combined with any limited warranty provided with the product you purchase, the Privacy Policy and the terms and conditions respecting the financing of your purchase, if any (collectively, the “Contract”), constitute the entire agreement between you and Dyson with respect to your use of the Website and any purchase made by you on the Website and supersede all previous agreements, understandings and representations relating thereto. No failure by Dyson to exercise any rights, powers or remedies under the Contract or its delay to do so shall constitute a waiver of these rights, powers or remedies, and all waivers shall be in writing. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of the Contract or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of the Contract, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Dyson shall not be liable for any delay or failure to perform any of its obligations under the Contract if such delay or failure is due to causes beyond its control. You may not assign the Contract to any third party without the prior written consent of Dyson. It is the express wish of the parties that the Contract and all related documents be drawn up in English. C’est la volonté expresse des parties que le présent contrat ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.