1.1. The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as "you“) with SCH Holdings, dba Track N Trail referred to as "Track N Trail“ or "we“ at shop.trackntrail.ca.
1.2. We reserve the right to amend these Terms from to time without prior notice to you. The version of the Terms that will apply to your order will be those on the website at the time you place your order
2.1. The prices and offers displayed on the Website are valid at the time they occur, unless other specific terms are stated on the Website. Prices in stores, in catalogues and online may deviate from each other.
2.2. Whilst we make every effort to ensure that details are correct, we cannot be held responsible for any pricing or printing or spelling errors.
2.3. The prices displayed online do not include a delivery charge.
3.1. Each order submitted constitutes an offer to purchase merchandise from us. Orders are subject to our acceptance.
3.2. Once you have placed your order, and have supplied us with your email address, you will receive an order confirmation email. This receipt confirmation does not represent acceptance of your order but merely informs you that your order has been received. No purchase contract takes place until we dispatch the ordered product to you.
3.3. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If payment for an order is processed and if we have already accepted payment for the order, this will be refunded using the payment method which you chose.
4.1. We strive to keep the delivery time as short as possible.
4.2. Orders submitted on weekends and public holidays will be processed the following business day. We aim to deliver your order within the estimated timeframes but delays can occur. Of course you have the right to cancel your order if delivery is delayed.
4.3. Shortly after your order has been confirmed, you will receive an order confirmation email with details of your order. You can check the status of your order at any time by signing into your Account or checking our Order Status page.
If you change your mind or are not completely satisfied with any item(s), you may cancel or return your order from the date you place your order until 14 days after receipt of the ordered item(s) without any reason by giving notice via email or a printed letter in the box with the goods. We will refund any such item(s) within max. 14 days after receipt of the returned items provided that all items have been kept in re-sellable condition with all tags, boxes, etc.
You can decide how you want to pay for the goods. We offer online payment services through Authorize.net and accept Visa, Mastercard and American Express.
The goods delivered to you will remain the property of Track N Trail until payment is completed. As long as the property has not yet officially been handed over to you, you are obliged to handle the goods with the utmost care. If the delivered goods are seized or exposed to any interference by a third party, you are obliged to inform us of this immediately and in writing.
Track N Trail cannot guarantee that the product colors are reproduces completely accurately. This is because the colors you see depend on the type of computer you have and the settings on it as well as the internet browser you use.
In the event of damage occurred in transit please report any visible damage directly to the carrier which has delivered the parcel to you, as well as report the damage to Track N Trail.
10.1. Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
10.2. We do not:
• accept any liability for damage to your computer system or loss of data that results from your use of the Website;
• guarantee which content and services will be available on the Website. All content and services on the Website are provided on an 'as is' and 'as available' basis; or
• guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention).
10.3. Our total liability to you for any loss or damage arising in connection with this agreement shall be limited to the total price of your order.
10.4. Nothing in these Terms is intended to affect your statutory rights.
We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
Fenix reserves the right to assign and to pledge any claims for payment that are due and have arisen in connection with goods delivered to third parties.
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with our express prior written permission.
15.1. These Terms will be governed by and construed in accordance with the laws of Alberta, Canada and any disputes that may arise shall be subject to the non-exclusive jurisdiction of the Canadian courts.
15.2. If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.