Terms & Conditions
Please review the following terms and policies carefully as they are the terms of sale that govern your purchases at BARGAINBISTRO.COM (hereinafter known as BARGAINBISTRO.COM). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at BARGAINBISTRO.COM constitutes your agreement that these policies apply to the order, so be certain you understand them prior to placing your order. BARGAINBISTRO.COM is operated and based in Canada.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by BARGAINBISTRO.COM or any of its affiliates. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 BARGAINBISTRO.COM may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by BARGAINBISTRO.COM of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of BARGAINBISTRO.COM.
1.4 When you visit BARGAINBISTRO.COM or send customer requests (Customer Service Express Tickets) to BARGAINBISTRO.COM, you are communicating with BARGAINBISTRO.COM electronically. You consent to receive communications from BARGAINBISTRO.COM electronically. BARGAINBISTRO.COM will communicate with you by e-mail or by posting notices on this site.
2. Users Generally.
2.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the " BARGAINBISTRO.COM Content") for the purpose of re-selling or re-distributing the BARGAINBISTRO.COM Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with BARGAINBISTRO.COM, or otherwise commercially exploiting the BARGAINBISTRO.COM Content. Systematic retrieval of BARGAINBISTRO.COM Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BARGAINBISTRO.COM is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2 Some of the BARGAINBISTRO.COM Content displayed on this Site is provided or posted by third parties ("Third Party Content"). BARGAINBISTRO.COM is not the author of Third-Party Content, whether contributed by anonymous users or registered users. Any Third Party Content is the sole responsibility of the party who provided the content. BARGAINBISTRO.COM is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, BARGAINBISTRO.COM is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
2.3 BARGAINBISTRO.COM may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that BARGAINBISTRO.COM has no control over such third party's web site, does not monitor such sites, and BARGAINBISTRO.COM shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
2.4 BARGAINBISTRO.COM reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall BARGAINBISTRO.COM be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.5 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by BARGAINBISTRO.COM and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.7 As a condition of your access to and use of BARGAINBISTRO.COM, you agree that you will not use the BARGAINBISTRO.COM service to infringe the intellectual property rights or other legitimate rights of others in any way. BARGAINBISTRO.COM and/or its affiliates will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, BARGAINBISTRO.COM and/or its affiliates reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the BARGAINBISTRO.COM service, or if BARGAINBISTRO.COM believes that User's conduct is harmful to the interests of BARGAINBISTRO.COM, its affiliates, or other users, or for any other reason in BARGAINBISTRO.COM’s sole discretion, with or without cause.
3. Registered Users
3.1 Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to BARGAINBISTRO.COM or another BARGAINBISTRO.COM group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
3.2 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to BARGAINBISTRO.COM and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
3.3 By becoming a Registered User, you consent to the inclusion of your personal data in our Buyer Database. BARGAINBISTRO.COM may send emails to you or contact you otherwise through your personal data with whatever information BARGAINBISTRO.COM would like to convey to you.
3.4 BARGAINBISTRO.COM or its affiliates may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided however, that notice is not required for such termination if (a) in BARGAINBISTRO.COM ‘s determination, there is any breach of the provisions of this Agreement by the Registered User, or (b) BARGAINBISTRO.COM has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) BARGAINBISTRO.COM believes that the Registered User's actions may cause financial loss or legal liability to such Registered User.
3.5 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of BARGAINBISTRO.COM. BARGAINBISTRO.COM may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
3.6 Notwithstanding Section 3.1 above, BARGAINBISTRO.COM may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.
4. Relationship among Buyers, BARGAINBISTRO.COM and Suppliers
4.1 BARGAINBISTRO.COM is an online agent for all Buyers, collecting purchase orders from the Buyers, to reinforce its price negotiation advantage against the Suppliers. It acts on behalf of the Buyers to purchase the products designated by the Buyers. Through the Site, BARGAINBISTRO.COM provides an electronic web-based platform for displaying the products information and other common terms and conditions of the transactions provided by the Suppliers. Any Sellers who are interested in listing their products on Site are encouraged to contact our reseller department by email: PRODUCTS@BARGAINBISTRO.COM.
4.2 Despite the provision of the platform through the Site, BARGAINBISTRO.COM does not represent the Supplier in specific transactions via the Site. No sales agency relationship is created between any Supplier and BARGAINBISTRO.COM, our affiliates, directors, officers or employees by virtue of BARGAINBISTRO.COM‘s display of any of products supplied by the sellers. The sales contract is entered in to between the Buyer and the Supplier.
4.3 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. BARGAINBISTRO.COM has very strict systems in selecting reliable suppliers. BARGAINBISTRO.COM cannot control and is not liable to or responsible for the availability of the products or services offered for sale displayed on the Site. Therefore BARGAINBISTRO.COM will not and cannot warrant to the Buyers that the purchase orders placed through the Site will be eventually fulfilled and there are situations that the Suppliers may have ceased to provide such products or provide such products at a different price in which situations the payment paid by the Buyer to our PayPal Account will be returned to the Buyers or will be adjusted in such manner acceptable to the Buyers.
4.4 The risks of purchase transactions when using the Site to conduct transactions shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, delay or default in delivery, cost miscalculations and transportation accidents. All of the foregoing risks are hereafter referred to as "Transaction Risks." All items purchased from BARGAINBISTRO.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to user upon our delivery to the carrier. But when user submit the issues that may arise as result of or in connection with the transaction risks on the website, we will help user to solve the problem in due course per user's requirement
4.5 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In case the terms and conditions of the Transactions have been changed and such change is notified to BARGAINBISTRO.COM by some specific Suppliers, BARGAINBISTRO.COM will post such amended terms of conditions on the Site. The mere obligation of BARGAINBISTRO.COM is to display such terms and conditions of the transactions subject to amendment by the Suppliers from time to time. There may be situations that the Buyers have placed orders while the terms and conditions of the transactions are changed. BARGAINBISTRO.COM will, as instructed by the seller, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
4.6 Except where noted otherwise, the List Price displayed for products on the Site represents the price suggested by the supplier. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold on the Site, BARGAINBISTRO.COM cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in the catalog may be mispriced. If an item's correct price is higher than the stated price, BARGAINBISTRO.COM will, as instructed by the seller, cancel your order, notify you of such cancellation and make necessary compensation to you after friendly consultation with you.
4.7 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify BARGAINBISTRO.COM (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5. Intellectual Property Rights (IPR) Protection Policy
5.1 BARGAINBISTRO.COM respects the intellectual property rights of others, and we expect our users to do the same. Unauthorized use of another party's materials and trademarks are dealt with severely on our website.
5.2 BARGAINBISTRO.COM will request each seller to ensure that listing of counterfeits, non-licensed replicas, or unauthorized products such as counterfeit designer garment, watches, handbags, sunglasses or other accessories is strictly prohibited on BARGAINBISTRO.COM, and no products can be displayed on BARGAINBISTRO.COM without the explicit permission from the intellectual property right holder. Branded products are permitted to be displayed on BARGAINBISTRO.COM if a certificate of authorization has been issued by the brand owner.
5.3 Repeat violations of our IPR policy may result in a range of actions, including Removal of listing(s). The following actions are used as a deterrent against infringement of IPR:
With millions of Users trading on BARGAINBISTRO.COM each day, we expect each and every seller to behave responsibly.
We request those who assert claims of infringement to stand behind their claims. By submitting a report of alleged infringement to BARGAINBISTRO.COM, you agree to indemnify BARGAINBISTRO.COM against claims or damages arising from the removal of the listing.
5.4 How to report an alleged IPR infringement to BARGAINBISTRO.COM:
6. Limitation of Liability
6.1 To the maximum extent permitted by law, the features and services on the site are provided on an "as is" and "as available" basis, and BARGAINBISTRO.COM hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARGAINBISTRO.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, BARGAINBISTRO.COM DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND BARGAINBISTRO.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
6.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from BARGAINBISTRO.COM or through or from the Site shall create any warranty not expressly stated herein.
6.4 Under no circumstances shall BARGAINBISTRO.COM be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. BARGAINBISTRO.COM will not be held liable for goods purchased on or supplied by BARGAINBISTRO.COM that have been seized or held up by foreign and/or national customs agencies
6.5 Each User hereby agrees to indemnify and save BARGAINBISTRO.COM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save BARGAINBISTRO.COM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to BARGAINBISTRO.COM. Each User hereby further agrees to indemnify and save BARGAINBISTRO.COM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that BARGAINBISTRO.COM is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. BARGAINBISTRO.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BARGAINBISTRO.COM in asserting any available defenses.
6.6 BARGAINBISTRO.COM shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of BARGAINBISTRO.COM, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each User for all claims arising from the use of the Site or the BARGAINBISTRO.COM service shall be limited to the greater of (a) the amount of fees the User pays to BARGAINBISTRO.COM or its affiliates in the 12 months period prior to the action giving rise to liability and (b) HK$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the BARGAINBISTRO.COM service must be filed within one (1) year from the date the cause of action arose.
6.8 BARGAINBISTRO.COM, its affiliates, directors, officers and employees, shall not be held responsible for any undesired effects that may occur in regards to products purchased on BARGAINBISTRO.COM; this includes but is not limited to: Side effects, injury, damage to physical and mental health, or death. Prior to the use of nutraceuticals, supplements, or any other ingestibles/consumables offered on or by BARGAINBISTRO.COM, BARGAINBISTRO.COM strongly urges User to consult with a physician. BARGAINBISTRO.COM acts as a Third-Party facilitator between manufacturers, suppliers and the User. BARGAINBISTRO.COM is at times contracted by affiliate companies and will not be held liable for any and all ill effects that may occur as a result of such affiliation.
7. Intellectual Property Rights
7.1 BARGAINBISTRO.COM is the sole owner or lawful licensee of all the rights to the Site and the BARGAINBISTRO.COM Content. The Site and BARGAINBISTRO.COM Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and BARGAINBISTRO.COM Content shall remain with BARGAINBISTRO.COM, its affiliates or licensors of the BARGAINBISTRO.COM Content, as the case may be. All rights not otherwise claimed under this Agreement or by BARGAINBISTRO.COM are hereby reserved.
7.2 "BARGAINBISTRO.COM", "BARGAINBISTRO.COM" and related icons and logos are registered trademarks or trademarks or service marks of BARGAINBISTRO.COM, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
8.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
8.4 BARGAINBISTRO.COM's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives BARGAINBISTRO.COM's right to act with respect with subsequent or similar breaches.
8.5 BARGAINBISTRO.COM shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement). The User may not assign, in whole or part, this Agreement to any person or entity.
8.6 This Agreement shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of Ontario courts.
8.7 If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.
Please review these policies carefully as they are the terms of sale that govern your purchases at BARGAINBISTRO.COM (hereinafter known as BARGAINBISTRO.COM). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at BARGAINBISTRO.COM constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
Return DOA (Dead on Arrival) Item
Any products, regardless of the guarantee offered, dead on arrival (incorrect usage excluded) within 5 days after delivery.
In this case, please kindly provide us with proof as below:
In a DOA Situation, return shipping fees are the sole responsibility of the customer. Exceptions to the aforementioned are at the sole discretion of BARGAINBISTRO.COM.
Return Defective Item
We strive to make sure the products shipped to our customers are in the best condition. If your product (only for items without Special Warranty terms in the product description and physical damage or incorrect use excluded) turns out to be defective:
Within 5 days (from the date of delivery) [**]
Policy: Upon being returned, the defective item will be refunded or replaced for free. Return shipping costs are the sole responsibility of the customer; these costs will not be reimbursed by BARGAINBISTRO.COM. Exceptions to the aforementioned are at the sole discretion of BARGAINBISTRO.COM.
Return Incorrect Item Received
If the item you received is completely different from the one you ordered, please contact us via our Customer Service email (SUPPORT@BARGAINBISTRO.COM) and provide us the picture proof of the error.
If return is necessary, replacement will be issued to you upon receipt of returned item. Please be sure that the incorrect item you return is in the original package and the merchandise is in the same condition in which it was received.
For the incorrect item, if you are able to find a use of it and prefer to keep it, you may suggest that to us and we will offer you a certain discount for buying it.
After receiving the incorrect product, please kindly provide us with proof as below:
Because different batches of the products are supplied, the item logo or packaging you received may vary from the one displayed on our website. If all the functions and appearance of the product prove to be correct, please understand that this case will not be included in this policy.
Product-Specific Return Policies
Although we have a very flexible return policy on most of the items we sell, there are some exceptions. Some items (such as cell phone, Laptops or some large electronics) may have special returns policies.
All such kinds of products are provided with a specific period manufacturer's warranty; this warranty is offered directly by the manufacturer. Should the item become defective within the manufacturer's warranty period (physical damages and damages caused by incorrect usage excluded), customers may send the unit back to BARGAINBISTRO.COM's office. BARGAINBISTRO.COM will help by forwarding the item to the manufacturer for repair or replacement, and will monitor the progress. The customer will need to cover shipping fees both ways.
This specific return policy applies to some certain items. Please refer to the specifications section for further detail before making any orders for these products.
Refunds can be taken as cash through PayPal or BARGAINBISTRO.COM Store Credit. Store Credit is always for the full refund price without additional fees and expires after 30 days of receipt of Store Credit. Full PayPal cash refunds can only be issued within 10 days of order delivery. Customers are responsible for all PayPal fees (if any) issued after 10 days of order delivery.
If possible, please make sure you have checked the package contents before you sign for it. In case of damage or empty, please refuse to accept it and contact us. Once you sign for the item, you are signing acceptance of the integrity of all products as is and CANNOT refute the charges for the empty package.
** During the rush season (such as Christmas) and holidays (including unforeseen delays) the warranty period will be extended.