Terms of Sale

Last updated: January 22, 2014

In addition to the Terms of Use, which govern your use of this website (www.gianttiger.com), these Terms of Sale govern any order or purchase you  make on the website operated by Giant Tiger Stores Limited (also referred to as “Giant Tiger”). Giant Tiger is the supplier for your order and by proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.

This web store is only available to Canadian or American residents having a Canadian or American billing address and products will be shipped  to addresses in Canada ONLY.

Changes to the Terms of Sale

The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Giant Tiger may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Giant Tiger you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.

Availability and Description of Products

The purchase of products on this web store is subject to availability. In the event that Giant Tiger advises you that any products are no longer available, Giant Tiger will have no obligation to fulfill your order and you will have no obligation to pay Giant Tiger for the order.

Product descriptions, representations, warranties, guarantees and performance claims are provided by our vendors and are not independently verified by Giant Tiger. The accuracy of such representations is the sole responsibility of the vendors. While the website attempts to be accurate in its product descriptions, Giant Tiger does not represent or warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If you find that a product you purchased is not as described, your sole remedy is to return it in accordance with Giant Tiger's Return Policy.

Price

All prices quoted are payable in Canadian dollars. Taxes, levies, surcharges and shipping are all extra depending on the delivery address and are displayed during checkout and in the Order Confirmation. By confirming your purchase at the end of the checkout process, you agree to pay to Giant Tiger the amount set out as the Cart Total in the Place Order section of the checkout process, subject to adjustment as described herein (the “Purchase Price”). The Cart Total is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. Giant Tiger will charge the Purchase Price in Canadian dollars to your selected credit card or Pay Pal account in one or more charges as each product is shipped. Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Cart Total.

In the event that an item is listed at an incorrect price due to an error in pricing, Giant Tiger will have the right, at Giant Tiger’s sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Giant Tiger may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

For your convenience, the web store lists some products that are carried in stores; however, please note that products and prices available for online purchase may not be the same as those available at Giant Tiger Stores.. Unless stated otherwise, all Now/Was pricing or other offers available on the web store refer only to prices offered nationally  at  www.gianttiger.com. It is at the discretion of Giant Tiger physical retail locations if they will honour the prices offered online. Please not that the Ad Match does not apply to online prices advertised or to orders placed on the web store.

Placing an Order

All advertisements on the web store are invitations to purchase and not offers to sell. Giant Tiger reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order.

Once you have placed your order online, you will receive an email with the confirmation that Giant Tiger has received your order. However, this confirmation does not mean your order has been accepted. You will receive in a separate email the confirmation of acceptance of your order with more information about  the delivery of your products.

Rejection or Cancellation of Orders

Giant Tiger may require additional verifications before accepting any order and reserves the right to accept or reject your order for any reason.. In any case, Giant Tiger will contact you at the email address provided in the order form to keep you informed about your order.. In the event that Giant Tiger rejects your order, you will have no obligation to pay Giant Tiger for the order and Giant Tiger will have no obligation to fulfill your order.

Some situations that may result in your order being rejected or cancelled include:

  • Limitations on quantities available for purchase;
  • Inaccuracies or errors in product or pricing information;
  • A product recall on the item that you have purchased; or
  • Problems identified by Giant Tiger’s Loss Prevention department

Methods of Payment

You may pay for your purchase using MasterCard, VISA, VISA Debit or a Pay Pal Account and you authorize Giant Tiger to charge the applicable card or account number for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Giant Tiger will have no obligation to fulfill your order.

All billing and registration information provided by you to Giant Tiger must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

Shipping

Your order will be shipped to you by one of Giant Tiger's third party carriers. Giant Tiger is not responsible for any loss of the products following shipment from Giant Tiger’s or its agents’ warehouses to your delivery address.The products you purchased may be shipped to you separately. If your products are shipped separately, the Purchase Price for your items, which includes the shipping fees, will be charged to your selected credit card by Giant Tiger in one or more charges, as products are shipped.

Cancellations, Returns, Refunds, and Exchanges

You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and Giant Tiger will respect all such applicable laws.

In addition to these statutory rights, returns of product purchased on the web store are governed by Giant Tiger’s Return Policy. Please review and print the Return Policy and retain a copy for your records.

Giant Tiger will not exchange orders made online. Rather, customers who want to exchange an item purchased on the web store will have to return their purchase in accordance with Giant Tiger’s Return Policy and then place a new order for the item they want.

Privacy

Giant Tiger collects, stores, uses and discloses your personal information and credit card information in accordance with our Privacy Policy in order to process and deliver your purchase.. Please keep in mind that while we use reasonable efforts to protect your personal information, we cannot ensure or warrant the security of any information you  provide to us online. We cannot be responsible for Internet fraud or theft.

Environmental Fees

Certain products sold by Giant Tiger are subject to environmental handling, recycling, or disposal fees. These fees vary by product and by province. The fees are collected and remitted by Giant Tiger to environmental management programs implemented in various provinces and are used to cover costs of recycling, collection, handling, transportation and disposal of products. For more information on individual programs, please visit the website of the environmental management program(s) or government agencies in your area.

Exclusion of Warranties and Limitation of Liability

If you reside in a jurisdiction where this section or parts hereof may not be valid by virtue of local consumer protection laws, then this section does not apply to you and you maintain your recourses provided by law. Please read this entire section carefully. Certain federal, state or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the following disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

The following disclaimers, exclusions, or limitations do not apply to residents of Quebec.

Except as expressed provided for in this agreement, Giant Tiger does not make or give any representation, warranty or condition of any kind, whether expressed or implied, statutory or otherwise, including without limitation warranties or conditions as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.

In no event will Giant Tiger be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by Giant Tiger or otherwise related to this agreement or the transactions conducted on or from the site, even if Giant Tiger or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will Giant Tiger’s total liability arising under any cause whatsoever be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates (including without limitation breach of contract, negligence, gross negligence or otherwise). In no event will Giant Tiger be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, Giant Tiger’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of Giant Tiger.

For the purposes of this document, reference to “Giant Tiger” means Giant Tiger Stores Limited and its affiliates and their respective officers, directors, employees, contractors, mandataries and agents.

Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This Section shall apply to you to the maximum extent permitted by applicable laws.

Applicable Law

These Terms of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Giant Tiger relating in any way to your use of the website or a purchase made onlinewill be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.

First Nations Tax Exemption

In order to qualify for a tax exemption, an approved Native Status Card must be presented at the time of purchase. This is not possible for online purchases, however you may be eligible to receive a First Nations Tax Exemption through submission of Form GST189, General Applications For Rebate Of GST/HST at the Canada Revenue Agency Website (http://www.cra-arc.gc.ca/E/pbg/gf/gst189/).

General

These Terms of Sale together with the details of your order and the Terms of Use, which govern your use of the website, constitute the entire agreement between you and Giant Tiger with respect to any purchase you have made online and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Giant Tiger to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Giant Tiger's rights with respect to such breach or any subsequent breaches. Giant Tiger shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable shipping delays. You may not assign these Terms of Sale to any third party without the prior written consent of Giant Tiger. These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Giant Tiger and its successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail.

You may contact Giant Tiger at:

Giant Tiger Stores Limited
2480 Walkley Road
Ottawa, ON K1G 6A9
Customer Service: 1-844-99-GIANT (44268) or webstorehelp@gianttiger.com

By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this website, including all financial charges and legal liability that he or she may incur.