Terms and Conditions



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the copyright laws of Canada, the United States and other copyright laws, and is the property of Valcomp Technology Inc. (dba SmartpenCentral.com). The collective work includes works that are licensed to Valcomp Technology Inc. (dba SmartpenCentral.com). Copyright 2014, Valcomp Technology Inc. (dba SmartpenCentral.com) ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Valcomp Technology Inc. (dba SmartpenCentral.com) or purchasing Valcomp Technology Inc. (dba SmartpenCentral.com) products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Valcomp Technology Inc. (dba SmartpenCentral.com) or to purchase Valcomp Technology Inc. (dba SmartpenCentral.com) products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Valcomp Technology Inc. (dba SmartpenCentral.com). You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks and trade names of Valcomp Technology Inc. (dba SmartpenCentral.com) used in the site are trademarks or registered trademarks of Valcomp Technology Inc. (dba SmartpenCentral.com). All other trademarks, service marks and trade names used in the site are trademards or registered trademarks of their resprecitve owners.


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Valcomp Technology Inc. (dba SmartpenCentral.com) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Valcomp Technology Inc. (dba SmartpenCentral.com) does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Valcomp Technology Inc. (dba SmartpenCentral.com) does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability

Valcomp Technology Inc. (dba SmartpenCentral.com) shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Valcomp Technology Inc. (dba SmartpenCentral.com) has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors; Product Information and Availability; Orders

In the event that a Valcomp Technology Inc. (dba SmartpenCentral.com) product is mistakenly listed at an incorrect price, Valcomp Technology Inc. (dba SmartpenCentral.com) reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Valcomp Technology Inc. (dba SmartpenCentral.com) reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Valcomp Technology Inc. (dba SmartpenCentral.com) shall issue a credit to your credit card account in the amount of the incorrect price.

Valcomp Technology Inc. (dba SmartpenCentral.com) reserves the right to change the prices and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person.

Valcomp Technology Inc. (dba SmartpenCentral.com) cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. Valcomp Technology Inc. (dba SmartpenCentral.com) also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever.

If you order goods for which the price was incorrectly displayed, Valcomp Technology Inc. (dba SmartpenCentral.com) will provide you with an opportunity to place an order at the correct price. If you order goods that are not available, Valcomp Technology Inc. (dba SmartpenCentral.com) will notify you by email. Valcomp Technology Inc. (dba SmartpenCentral.com) reserves the right to limit quantities sold.


Order Cancellation

All sales are final. No returns will be accepted unless an explicit exemption is provided in writing by management at SmartpenCentral (a division of Valcomp Technology Inc.). If you wish to cancel an order, you may request a cancellation by sending an email to Customer Service. Please note however that such cancellation requests will not generally be accepted.

The prices displayed on this Web Site are quoted in Canadian Dollars.


Merchandise Returns

Merchandise returns must be requested no later than 30 days from the date of delivery of your order. Please note however that such Merchanise Returns are not generally permitted as ALL SALES are FINAL. When the management of SmartpenCentral issues an exceptional authorization for Merchanse Returns, all such returns must be accompanied by an RMA# obtained from Customer Service without exception and must be shipped by you at your own expense and free of charges, duties and fees due by Valcomp Technology Inc. (dba SmartpenCentral.com) on delivery or thereafter.

The RMA# shall be prominently displayed on the destination address shipping label to allow for processing of your returned merchandise.

Shipping charges are not refundable.


Unopened Box Returns

All sales are FINAL. No merchanise may be returned without exceptional approval and such approval will seldom be provided. If SmartpenCentral does allow items to be returned, all such merchandise must be returned in unopened original retail packaging, with original seals and labels in tact and untamperred. At its sole discretion, SmartpenCentral may or may not accept such returns. SmartpenCentral may or may not issue a credit for the purchase price of the products (less any applied coupons or discounts applied to the order) and after the condition of the returned merchandise is verified by Valcomp Technology Inc. (dba SmartpenCentral.com).

Consumable Items will only be accepted if they are in a sellable, "new" condition, with all original retail packaging, seals and labels in tact and untampered. No Consumable Items will be accepted in any other condition.


Open Box Returns

All sales are FINAL. No merchanise may be returned without exceptional approval and such approval will seldom be provided. If SmartpenCentral does allow items to be returned, non-consumable items that are returned must be undamaged, unscratched and unmodified in any way in appearance or function, with the original retail packaging open but otherwise undamaged. If authorization is provided, and if the goods are in the condition described ("open but sell-able") a credit will be issued for the items less a 20% restocking fee.

Valcomp Technology Inc. (dba SmartpenCentral.com) reserves the right at its sole discretion to refuse Non-consumable Items if Valcomp Technology Inc. (dba SmartpenCentral.com) feels that they do not meet its open box requirements that are determined by Valcomp Technology Inc. (dba SmartpenCentral.com) at its sole discretion.


Unqualifying Returns

Merchandise returned to Valcomp Technology Inc. (dba SmartpenCentral.com) that does not meet the Unopenned Box or Open Box return conditions will be communicated to you. Valcomp Technology Inc. (dba SmartpenCentral.com) will contact you by any means available and the choice of such means will be made at its sole discretion. You will have the option of having these items shipped back to you at your own expense. If within 30 days of Valcomp Technology Inc. (dba SmartpenCentral.com) receiving the returned merchandise you have failed to communicate your acceptance of the return shipping costs, Valcomp Technology Inc. (dba SmartpenCentral.com) will have the right to dispose of these items at its sole discretion and with no financial compensation or liability to you or any other party whatsoever.


Consumable Items

All merchandise that is transformed, destroyed or in any way altered as part of its intended use. This includes and is not limited to: dot paper products and ink refills.


Non-consumable Items

All merchandise that is not considered Consumable Items as defined in this agreement.


Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Valcomp Technology Inc. (dba SmartpenCentral.com) without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice

Valcomp Technology Inc. (dba SmartpenCentral.com) may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Valcomp Technology Inc. (dba SmartpenCentral.com).


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the province of Quebec, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Valcomp Technology Inc. (dba SmartpenCentral.com) products) shall be in the provincial or federal courts located in Montreal, Quebec. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Valcomp Technology Inc. (dba SmartpenCentral.com) products) must be commenced within one (1) year after the claim or cause of action arises. Valcomp Technology Inc. (dba SmartpenCentral.com)'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Valcomp Technology Inc. (dba SmartpenCentral.com) may assign its rights and duties under this Agreement to any party at any time without notice to you.

The Parties have expressly requested that this Agreement be written in English.

Les parties aux présentes ont spécifiquement exigé que la convention soit rédigée en anglais.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Valcomp Technology Inc. (dba SmartpenCentral.com) or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Valcomp Technology Inc. (dba SmartpenCentral.com) does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Valcomp Technology Inc. (dba SmartpenCentral.com) is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Valcomp Technology Inc. (dba SmartpenCentral.com) reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Valcomp Technology Inc. (dba SmartpenCentral.com) in its sole discretion.


Indemnification

You agree to indemnify, defend, and hold harmless Valcomp Technology Inc. (dba SmartpenCentral.com), its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links

In an attempt to provide increased value to our visitors, Valcomp Technology Inc. (dba SmartpenCentral.com) may link to sites operated by third parties. However, even if the third party is affiliated with Valcomp Technology Inc. (dba SmartpenCentral.com), Valcomp Technology Inc. (dba SmartpenCentral.com) has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Valcomp Technology Inc. (dba SmartpenCentral.com). These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Valcomp Technology Inc. (dba SmartpenCentral.com) seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).