Website Terms and Conditions of Sale

                                                                                                      General Terms and Conditions for the Sale of Tires, Wheels, Accessories, and Installation Services on the Website

 

1. INTERPRETATION

1.1 In these Conditions:

“Company” means Solutions BKC Canada Inc., 3324 Taschereau Blvd., Greenfield Park, QC J4V 2H6.

“Blackcircles Website” means the website published by the Company on the Internet World Wide Web at the URL https://www.blackcircles.ca.

“Conditions” means these general terms and conditions governing the sale of tires and tire installation services through the Website.

“Contract” means the purchase and sale contract entered into through the Website, as evidenced by the Customer Order and the Order Confirmation.

“Customer” means the person whose order (“Customer Order”) is accepted by the Company.

“Customer Order” means an order submitted by the Customer to the Company through the Blackcircles Website by completing the step-by-step ordering process described therein, by submitting forms, and by following the procedures indicated on the Blackcircles Website.

“Force Majeure” means any event the occurrence of which was unforeseeable and unavoidable, including, without limitation, explosion, flood, storm, lightning, fire, accident, war or threat of war, sabotage, insurrection, civil unrest or requisition; any acts, restrictions, regulations, by-laws, orders, prohibitions or measures of any kind issued by any governmental, parliamentary, regional or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes, whether involving employees of the Company or of a third party; difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failures; or machinery breakdowns.

“Fully Fitted Service” means the services provided by the Company for the sale of tires to Customers through the Website and the subsequent installation of such tires on Customers’ vehicles by third-party service providers.

“Home Delivery” means the services provided by the Company for the sale of tires to the Customer through the Blackcircles Website and the subsequent delivery arrangements to the Customer’s home in accordance with the delivery instructions provided by the Customer.

“Goods” means the tires, rims, other products and services purchased by the Customer through the Website in accordance with these Conditions.

“Order Confirmation” means the Company’s written confirmation of acceptance of the Customer Order, issued before delivery of the Goods to the Customer.

“Website” means Blackcircles.ca.

The term “in writing” includes email, telex, cable, facsimile transmission and comparable means of communication.

2. BASIS OF SALE

2.1 The Company shall sell, and the Customer shall purchase, the Goods in accordance with the Customer Order and the Order Confirmation, subject to these Conditions, which shall govern the Contract to the exclusion of all other terms and conditions.

2.2 The Customer acknowledges that the Website text, price lists, lists of items for sale, and any other sales documentation published on the Website constitute an invitation to treat and shall not be construed by the Customer as a firm offer or binding obligation on the part of the Company to sell any item to the Customer, including because all such matters are subject to the availability of the Goods at the time the order is processed, payment, and issuance of the Order Confirmation by the Company.

2.3 No amendment to these Conditions shall be binding unless agreed to in writing by the authorized representatives of both the Customer and the Company.

2.4 The employees or agents of the Company are not authorized to make any representations concerning the Goods other than those published on the Website.

2.5 Any advice or recommendation given by the Company or its employees or agents to the Customer regarding the storage, application or use of the Goods, which is not confirmed in writing by the Company, shall not bind the Company and shall be followed or acted upon entirely at the Customer’s own risk. Accordingly, the Company shall not be liable for any such advice or recommendation.

2.6 Although the Company uses all reasonable efforts to avoid errors or omissions, it reserves the right to correct, without any liability on its part, any typographical, clerical, administrative or other error or omission in any sales documentation, price list, images, Website text, acceptance of offer, invoice or other document or information issued by the Company.

3. ORDERS AND SPECIFICATIONS

3.1 Customer Orders shall be deemed accepted by the Company only once an Order Confirmation has been issued to the Customer.

3.2 The Customer is responsible for ensuring the accuracy of the information contained in the Customer Order and for providing the Company with all necessary information relating to the Goods. The Company shall not be liable for any inaccurate or late information provided by the Customer.

3.3 The quantity, quality and description of the Goods, as well as any specifications relating thereto, shall be those set out in the Order Confirmation.

3.4 The Company may, without notice, make minor technical changes to the Goods ordered where required by law, by a manufacturer, or for safety reasons, provided that such changes do not alter the essential characteristics of the order. Any product substitution shall require the Customer’s consent in accordance with section 4, with the necessary modifications.

3.5 Subject to section 9.1 hereof, the Customer Order may not be cancelled by the Customer after the Order Confirmation has been issued, except with the Company’s written consent and provided that the Customer fully indemnifies the Company for all losses, including loss of profit, costs, including the cost of all labour and materials used, damages, charges and expenses incurred by the Company as a result of the Customer’s cancellation of the Customer Order.

3.6 Once the Customer has paid for the Goods in full in accordance with the Customer Order, the Company shall deliver Goods manufactured no later than 36 months after the week indicated on the order. If the Goods were manufactured more than 36 months before the week indicated on the order label and payment, and the Customer is not satisfied with the Goods, the Customer must notify the Company within 30 days from the date of the order and payment of the Customer’s intention to return them. Failing refusal by the Customer within such 30-day period, the Goods shall be deemed accepted.

3.7 The Company may, in its sole discretion, designate an installer other than the one selected by the Customer, provided that such installer is located within 15 kilometres of the installer selected by the Customer, without any liability.

4. AVAILABILITY OF GOODS

Despite the Company’s efforts to maintain accurate inventory information on the Website, it may occur that a product ordered and paid for is no longer available at the time the order is processed.

In such event, you may request cancellation of your order and obtain a refund, and the Company may also unilaterally cancel your order and issue a refund upon notice to you.

At its discretion, a Blackcircles representative may contact you in certain cases to propose alternative products or solutions. If you choose to place a new order and replace the original product with a higher-value, non-equivalent product, you agree to pay the applicable price difference. No higher-value product will be provided unless and until such difference has been paid in full.

Subject to the consumer rights provided by applicable law, the remedies set out in this section constitute the sole remedies offered by the Company in the event of product unavailability or stock shortage. It is understood that the Company shall not be required to reimburse any price difference for a product purchased from a third party, nor compensate you for any inconvenience, delay, or loss of time resulting from such unavailability or stock shortage.

5. PRICE OF THE GOODS

5.1 The price of the Goods shall be the price indicated on the Website in effect on the date and time of the Order Confirmation.

5.2 The Company reserves the right, upon notice to the Customer at any time prior to issuance of the Order Confirmation, to increase the price of the Goods to reflect:

5.2.1

any increase in costs to the Company resulting from factors beyond the Company’s control, including, without limitation, fluctuations in exchange rates, currency regulations, increases in customs duties, or significant increases in labour, material or manufacturing costs;

5.2.2

any change in delivery dates, quantities or specifications for the Goods requested by the Customer; or

5.2.3

any delay caused by the Customer’s instructions or by the Customer’s failure to provide the Company with adequate information or instructions.

5.3 The price of the Goods shall include all applicable taxes.

6. PAYMENT TERMS

6.1 Subject to any special terms agreed upon in writing between the Customer and the Company, the Company shall be entitled to full payment of the price of the Goods, including applicable taxes, on the date of the Customer Order. The Company shall charge the Customer’s credit card, debit card, PayPal account or Flexiti account for the full payment of the Goods and applicable taxes as of the date of the Customer Order.

6.2 The Customer shall pay the price of the Goods on the date of the Customer Order. The Company shall be entitled to process payment for the Goods even if delivery has not yet occurred and title to the Goods has not yet passed to the Customer. A payment receipt shall be issued.

6.3 If the Customer fails to make payment when due, or if payment is declined or unauthorized by the issuer of the Customer’s credit or debit card when processed by the Company, then, without prejudice to any other rights or remedies available to the Company, the Company shall be entitled to:

6.3.1

cancel the Contract or suspend any further deliveries to the Customer;

6.3.2

apply any payment made by the Customer toward such Goods, or toward goods supplied under any other contract between the Customer and the Company, as the Company may determine, notwithstanding any purported allocation by the Customer; and

6.4 We reserve the right, to the extent permitted by law, to request proof of identity or any other relevant document where we have reason to suspect potential fraud, unauthorized use of payment methods, or inconsistencies in the information provided during the ordering process. Such verification is conducted solely to protect our customers and ensure transaction security.

Any information provided shall be used exclusively for verification purposes, securely retained for the period reasonably necessary, and thereafter deleted in accordance with our Privacy Policy and applicable data protection laws.

If the Customer chooses not to provide the requested documents, we will contact the Customer to confirm whether the Customer wishes to cancel the order. If no response or satisfactory resolution is received within a reasonable timeframe, the order may be cancelled for security reasons.

By placing an order on our Website, you consent to such verifications, where applicable, in accordance with Canadian consumer protection and privacy laws.

7. DELIVERY

7.1 Where a Customer has booked installation services, delivery of the Goods shall be made by the Company prior to the date on which the Goods are to be installed on the Customer’s vehicle at the installation centre specified in the Order Confirmation or at any other address approved in advance in writing by the Company.

7.2 All delivery and/or installation dates for the Goods are estimates only and are not guaranteed. The Company shall not be liable for any delay in delivery and/or installation, regardless of cause. Time for delivery or installation shall not be of the essence of the Contract unless otherwise agreed in writing by the Company.

7.3 If the Customer fails to take delivery of the Goods or fails to provide the Company with adequate delivery instructions in the Customer Order, then, without prejudice to any other rights or remedies available to the Company, the Company may:

7.3.1

store the Goods until actual delivery and charge the Customer for the reasonable costs, including insurance, of storage; or

7.3.2

sell the Goods at the best price reasonably obtainable and, after deducting all reasonable storage and selling expenses, either credit the Customer with any excess over the Contract price or charge the Customer for any shortfall below the Contract price; or

7.3.3

return the Goods to the supplier and charge the Customer for all costs incurred as a result of such return.

7.4 On the date of installation of the Goods at the installation centre, the Customer shall confirm their identity by presenting either the electronic receipt or the vehicle registration certificate. If the vehicle registration presented differs from the information shown on the Order Confirmation, the Customer must notify the Company prior to the installation date. Failing such notice, the Company and the installation centre reserve the right to refuse installation.

7.4.1

The Customer acknowledges that partner mechanical service centres are independent entities. Accordingly, the Company shall not be held liable for services provided by such centres, including, without limitation, installation quality, property damage, delays, or any other incident occurring during the provision of services. Any claim relating to installation services must be directed to the relevant mechanical service centre.

7.5 If the Customer requests a change of installation centre prior to installation of the Goods, the Customer shall be required to pay an additional transportation fee of $25 per item per request.

7.6 If the Customer requests a change of delivery address after the order is already in transit, handling and processing fees of $50 per shipment may apply.

7.7 Where a Customer selects Home Delivery, the Company shall deliver the Goods to the delivery address provided by the Customer at the time of the order. If the Customer provides an incorrect or incomplete address, the Customer shall be responsible for any loss, delay, or additional charges incurred by the Company as a result thereof.

7.8 Delivery dates are estimates only and are not guaranteed. Delivery generally takes between one (1) and five (5) business days; however, delays may occur during peak periods or where products are shipped from warehouses located in other provinces. The Company shall not be liable for any delivery delay, regardless of cause, unless otherwise specifically agreed in writing.

7.9 If an order is already being processed or shipped, any request to modify the delivery address may result in additional processing fees of CAD $50 per shipment. Such fees cover rerouting or handling charges imposed by the carrier.

7.10 In certain exceptional circumstances, additional delivery charges may apply, including, without limitation, for addresses located outside the Company’s regular delivery areas (for example: Newfoundland and Labrador, Yukon, Northwest Territories, or northern regions of certain provinces), as well as for interprovincial, oversized, or unusually heavy orders. Such fees may not be known at the time the online order is placed. If additional fees apply, the Company shall contact the Customer prior to shipment to notify the Customer and obtain consent. The Customer may then elect either to accept the additional charges or to cancel the order and obtain a full refund.

7.11 Delivery is made through a national carrier. A tracking number shall be sent to the Customer once the order has shipped. Once the carrier confirms delivery to the address provided, the order shall be deemed delivered. The Customer is responsible for ensuring the security of the delivery location and must report any irregularity or missing package within ten (10) business days following delivery confirmation.

Proof of delivery provided by the carrier, including, without limitation, “delivered” status, photographs, GPS coordinates, signature, or delivery code, shall constitute proof of delivery unless evidence to the contrary is established.

The Company shall not be liable for any loss or theft occurring after delivery has been confirmed, except in cases of proven fault by the carrier or the Company.

8. TITLE AND RISK

8.1 Risk of damage to or loss of the Goods shall pass to the Customer once the Customer has been informed that the Goods have been installed.

8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title to the Goods shall not pass to the Customer until all amounts owing by the Customer to the Company, including applicable interest and charges, have been paid in full.

8.3 The Customer shall not create or permit to exist any lien, charge or encumbrance of any nature whatsoever over the Goods while title thereto remains vested in the Company. If the Customer breaches this provision, all amounts owing by the Customer to the Company shall immediately become due and payable, without prejudice to any other rights or remedies available to the Company. The Company shall also be entitled to exercise all necessary recourses to discharge such liens or encumbrances at the Customer’s expense, including all legal and extrajudicial fees.

8.4 Any tires removed from the Customer’s vehicle prior to installation of the Goods shall remain the property of the Customer. If the Customer elects to leave such used tires at the installation centre, the Customer shall be deemed to have waived ownership thereof.

9. RETURNS

9.1 Subject to section 9.2, prior to installation, the Customer shall have the right to cancel the Contract and return the Goods, provided that the Goods have not been used, remain in the same condition as when received, and are returned to the Company. In such case, return shipping costs shall be borne by the Customer, who shall indemnify the Company for all related costs. If the Company retrieves the Goods, it reserves the right to charge the Customer for the direct costs associated with such return.

9.2 Subject to section 4 and section 9.1, refunds to the Customer shall be entirely at the Company’s sole discretion. If the Company, in its sole discretion, grants a refund to the Customer, all costs incurred by the Company in connection with such refund shall be borne by the Customer and deducted from the refunded amount.

9.3 Subject to section 9.1, the time required to process a refund to the Customer shall depend on the Customer’s bank and/or credit card issuer and any other associated parties.

10. LIABILITY

10.1 The Company shall not be liable for any defect in the Goods arising from inaccuracies in the Customer Order. The Company shall also not be liable for any errors contained in a Customer Order or for any resulting loss or damage arising therefrom.

10.2 The Company shall have no liability for any defect in the Goods resulting from normal wear and tear, intentional damage, negligence, abnormal working conditions, failure to follow the Company’s or manufacturer’s instructions, whether oral or written, or misuse, alteration or repair of the Goods by unqualified persons.

10.3 Except as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.4 Any claim by the Customer based on a defect in the quality or condition of the Goods or on the Goods’ failure to correspond with specifications must, whether or not delivery is refused by the Customer, be notified to the Company immediately on the installation date or prior to the installation process, as the case may be.

10.5 If the Company receives a claim relating to damage allegedly caused to a vehicle or wheels by the Goods, the Company must be given the opportunity to inspect and repair the alleged damage. If the travel distance required for such inspection is unreasonable, the Company shall designate an alternative inspection location, and the Customer shall be responsible for transporting the vehicle to such location.

Any work carried out by third parties prior to the Company’s inspection, or which has not been approved in writing by the Company before commencement, shall not be covered by the Company.

10.6 Subject to section 8.1, if delivery is not refused and the Customer fails to notify the Company in accordance with section 10.4, the Goods shall be deemed free from defect or non-conformity with the Customer Order to the satisfaction of the Customer, and the Company shall have no liability for any such defect or non-conformity.

10.7 Where a valid claim relating to any Goods, based on defective quality or condition or failure to meet specifications, is properly notified to the Company in accordance with these Conditions, the Company shall be entitled, at its option, either to replace the Goods free of charge or to refund the Customer for the price of the Goods subject to the valid claim, and the Company shall have no further liability whatsoever to the Customer or any other person.

10.8 Except in cases of death or personal injury caused by the negligence of the Company, the Company shall not be liable to the Customer by reason of any representation, except fraudulent misrepresentation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage, including loss of profit, costs, expenses or other compensation claims of any nature whatsoever, whether caused by the negligence of the Company, its employees or agents, or otherwise, arising out of or in connection with the supply, installation, use or resale of the Goods by the Customer. The Company’s total liability under or in connection with the Contract shall in no event exceed the purchase price of the Goods, except as otherwise expressly provided in these Conditions.

10.9 The Company shall not be liable to the Customer, nor be deemed to be in breach of the Contract, by reason of any delay in performance or failure to perform any obligation relating to the Goods where such delay or failure results from Force Majeure or any cause beyond the reasonable control of the Company.

11. GENERAL

11.1 The Company may perform any of its obligations or exercise any of its rights under these Conditions itself or, where applicable, through any other person or entity.

11.2 Any notice required or permitted to be given by either party under these Conditions shall be made in writing and sent to the other party at its registered office, residence, or any other address previously notified in accordance with this provision.

11.3 No waiver by the Company of any breach of the Contract by the Customer shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

11.4 If any provision of these Conditions is held by a competent authority to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions and the remainder of the provision in question shall not be affected.

11.5 The Contract and these Conditions constitute the entire agreement between the Customer and the Company with respect to the supply of the Goods and supersede all prior representations, agreements, understandings or communications, whether oral or written, relating thereto. In particular, the Customer acknowledges that no reliance has been placed on any representation made by any employee, representative or agent of the Company.

11.6 The Company may assign the Contract, in whole or in part, or subcontract any of its obligations thereunder to any person or entity. Except with the Company’s prior written consent, the Customer may not assign the Contract, in whole or in part, to any third party.

12. WARRANTY

Please click here to review the general terms and conditions applicable to the warranty offered by the Company.

13. GOVERNING LAW AND JURIDICTION

These Conditions shall be governed by and construed in accordance with the applicable laws of the Province of Quebec and the federal laws of Canada applicable therein.

Any dispute relating to the interpretation, application, validity or enforcement of these Conditions shall be submitted to the exclusive jurisdiction of the courts of the judicial district of the Customer’s region, subject to any rights provided under applicable consumer protection legislation, including the Consumer Protection Act, where applicable.

14. CONTACT INFORMATION

For any questions, requests for information or claims, the Customer may contact us:

• By email: support@blackcircles.ca
• By telephone: 1-844-926-2527

We undertake to respond within a reasonable timeframe, generally between two (2) and twenty-four (24) hours, depending on the nature of the request and seasonal demand.