Standard Terms and Conditions of Sale
Lapera Inc.
Revised 2024 August 05
Applicability
The following Terms and Conditions of Sale apply to the purchase of goods and/or services from Lapera Inc., which operates at 59 Saint Viateur Street East, Montreal, Quebec, H2T1A7, Canada. By placing an order for goods or services (“Purchase Order”) from Lapera Inc. (“Seller”), you (“Buyer”) agree to these Terms and Conditions as stated below.
Prices
All prices for goods where shipping is explicitly included are FOB Destination. Price does not include any applicable taxes including sales tax in the destination jurisdiction. Seller’s prices are subject to change without notification.
Cancellation
An order for standard Equipment may be cancelled or modified, in whole or in part, no later than one business day prior to the shipping date. An order for custom Equipment may not be cancelled or modified, in whole or in part, without Seller’s prior written consent. For cancelled orders of standard and custom Equipment a re-stocking fee of up to 10% and up to 25% respectively may be applied, at the Seller’s sole discretion.
Delivery
Seller will deliver all goods for shipment by a carrier to the destination the Buyer specifies. Seller will arrange for carriage by a common carrier. When shipping by Seller’s selected common carrier, Seller will purchase insurance coverage on the shipment(s).
Title and Risk of Loss Or Damage
Title to, and the risk of any damage to, or loss or shortage of goods remains with the Seller until the Buyer has signed for the shipment.
Inspection and Acceptance Of Deliveries
Immediately upon receipt of the shipment, it is the Buyer’s responsibility to inspect the goods for damage. Before you sign and release the carrier from liability, inspect the outside of the box, inspect the inside of the box and look closely at the machine for any cosmetic damage. Failure to report the damage upon reception could result in denial of damage claims.
Espresso Machine Returns
Seller does not accept returns of espresso machines, unless expressly agreed to by Seller in writing. Equipment in new condition in original packaging may be accepted if returned within 7 days of reception. A re-stocking fee of up to 30% may be applied to standard and custom Equipment, subject to Seller’s sole discretion. Shipping charges associated with returns are the Buyer’s responsibility.
Parts, Merchandise and Accessories Returns
Seller will accept return of Parts, Merchandise or Accessories within thirty (30) days of reception. The Parts, Merchandise and Accessories must be in working order and in saleable condition, as determined by Seller. The original packaging must be intact and the return must be accompanied by proof of purchase. Seller does not accept returns of electrical Parts under any circumstance. A re-stocking fee of 20% may be applied, subject to Seller’s sole discretion. Shipping charges associated with returns are the Buyer’s responsibility.
Returns
All returns are subject to payment on part of the Buyer of import duties, customs fees, credit card or payment service processing fees. These fees will not be returned as part of the refund and Buyer agrees to be responsible for payment processing fees.
Limitation of Liability
In no event shall Seller be liable to the Buyer or any of the Buyer customers, employees or agents for (I) any indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to damages for lost profits or goodwill, (II) any other commercial damages or losses, direct or indirect, or (III) any personal injury or product liability damages or losses, whether in contract, tort, or any other cause of action, even if advised of the possibility of such damages. In the event Seller is found liable for any reason arising under or related to the goods or services provided to the Buyer, in no event shall Seller’s liability exceed the purchase price the Buyer paid to Seller for such goods or services.
Dispute Resolution
AGREEMENT TO RESOLVE ALL DISPUTES THROUGH MEDIATION AND/OR ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS
The Buyer and Seller agree to resolve any controversy, dispute, or claim arising out of or relating to Buyer’s purchase of any product or service from Seller by Private Dispute Prevention and Resolution (DPR) or by binding Arbitration administered by the Ministère de la Justice of Quebec, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. Buyer and Seller agree that the arbitration or small claim proceeding will take place in Montreal, Quebec, Canada.
Buyer and Seller agree that the Arbitration Award may be taken to a Court of competent jurisdiction to become an enforceable judgment. Buyer and Seller agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.
This Arbitration Agreement affects Buyer’s and Seller’s legal rights. Arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. Buyer agrees that, by entering into this Agreement, both parties are each waiving the right to a trial by jury or to participate in a class action.
THE ACCEPTANCE BY THE BUYER FROM SELLER OF ANY GOODS AND/OR SERVICES SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS & CONDITIONS.