Acceptance of Terms:
By accessing or using PCE’s website (the “Site”) or purchasing products from Prairie Clean Enterprises, you (“Customer” or “you”) agree to be bound by these Terms of Service (“Terms”) as well as our Privacy Policy and any other policies referenced herein or available by hyperlink. These Terms form a legally binding agreement between you and Prairie Clean Enterprises. If you do not agree to all the provisions of these Terms, you must not use the Site or services. Please read these Terms carefully before placing an order or creating an account. These Terms apply to all users of the Site, including browsers, customers, merchants, and content contributors. In the event of any conflict between these Terms and any other policy (such as a Returns Policy) posted on our Site, these Terms will prevail to the extent of the inconsistency, except where doing so would violate applicable consumer protection laws or other laws in your jurisdiction.
Changes to Terms:
PCE reserves the right to update or modify these Terms at any time. We will provide notice of material changes (such as by posting an updated version with a new effective date at the top of this document, and/or by email notification for registered users). Your continued use of the Site or services after any changes constitute acceptance of those changes. If you do not agree with the revised terms, you must stop using the Site. For Quebec consumers: no amendment to these Terms will apply to you unless you expressly consent to it, if such amendment would diminish your rights or increase your responsibilities (this is in accordance with Quebec’s Consumer Protection Act).
Account Creation and Security:
To purchase products or certain services, you may need to create an online account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide current, complete, and accurate information for all purchases and account registration. You must be the age of majority in your province or state of residence to open an account or use our services (or have the consent of a parent/guardian). PCE reserves the right to refuse service, terminate accounts, or cancel orders at our discretion if we suspect fraud, misuse, or violation of these Terms.
Permissible Use of Site:
You agree to use the Site and services only for lawful purposes and in accordance with these Terms. You will not misuse the Site, engage in any activity that interferes with or disrupts the Site (including by transmitting viruses or malicious code), nor attempt to gain unauthorized access to any portion of the Site or its systems. All content on the Site, including text, graphics, logos, images, and software, is the property of PCE or its licensors and is protected by intellectual property laws. We grant you a limited, revocable license to access and use the Site for personal, non-commercial use in accordance with these Terms. Any other use (such as copying content for republication, reverse engineering our software, etc.) is prohibited without our prior written consent. You may not use any trademark, logo, or other proprietary information from our Site without permission. PCE reserves all rights not expressly granted in these Terms.
Product Information and Pricing:
We strive to ensure that the product descriptions, pricing, and other content on our Site are accurate and up-to-date. However, errors or inaccuracies may occur. PCE does not warrant that product descriptions or other content are error-free or complete. If a product you purchase is not as described, your sole remedy is to return it in unused condition (as per our Return & Refund Policy). All prices are listed in Canadian dollars (CAD) unless otherwise noted. Applicable taxes and shipping fees will be added at checkout. We reserve the right to modify prices or discontinue products at any time without notice (but such changes will not affect orders already placed and accepted). In the event of a pricing error, we may cancel any orders placed for the incorrectly priced item, with a full refund provided, after notifying you of the error.
Order Process and Contract Formation:
Your placement of an order constitutes an offer to purchase the products in that order. We reserve the right to accept or reject any order in our sole discretion. Order acceptance occurs when we send you an order confirmation email and/or charge your payment method, at which point a sales contract is formed. Prior to that point, we may decline or cancel an order for any reason. If we cancel an order after you have been charged, we will refund the amount charged.
Consumer Purchases vs. Business Purchases:
Prairie Clean Enterprises sells primarily to consumers. If you are purchasing as a consumer, you benefit from mandatory protections under consumer protection laws. These Terms are intended to be interpreted in accordance with such laws. If you are purchasing on behalf of a business or for commercial use, then you agree that consumer protection legislation may not apply. Business purchasers also confirm that they have authority to bind the organization they represent.
No Waiver of Statutory Rights (Severability of Prohibited Terms):
No provision of these Terms will be interpreted to deprive a consumer of rights available under applicable law. If any provision is found void or unenforceable, that provision shall be deemed severed or modified, and the remainder shall remain in effect.
Limited Warranties (Products):
PCE guarantees that the products will be free from material defects at the time of delivery. Any manufacturer’s warranty applicable will be passed on. PCE provides products on an “as-is” basis and disclaims other warranties to the fullest extent permitted by law. Statutory consumer warranties still apply.
Limitation of Liability:
For Consumers: PCE is not liable for indirect or consequential damages unless required by law. For Business Purchasers: PCE’s liability is limited to the amount paid for the product. This limitation is a fundamental part of the bargain.
Indemnification:
You agree to indemnify and hold harmless PCE and affiliates from any claims or liabilities arising from your breach of these Terms or misuse of the Site.
Dispute Resolution (No Mandatory Arbitration for Consumers):
For Canadian Consumers: Disputes may be pursued in court. No mandatory arbitration or class action waivers are enforced. After a dispute arises, arbitration may be mutually agreed upon.
For Non-Consumer or International Users:
PCE may propose arbitration after a dispute arises, subject to mutual agreement. Otherwise, disputes are resolved in court.
Governing Law and Jurisdiction:
These Terms are governed by the laws of Saskatchewan and Canada. However, consumers remain protected by their own provincial laws. International users agree to jurisdiction in Saskatchewan where legally permissible.
Language of Contract:
These Terms are provided in English. In case of conflict between language versions, the English version prevails.
Entire Agreement:
These Terms, along with our other policies, represent the complete agreement between you and PCE and supersede any prior agreements.
Severability:
If any part of these Terms is found to be invalid or unenforceable, the remaining portions will still apply. Severed clauses may be replaced by valid ones that match original intent where permitted.
Termination:
These Terms remain effective until terminated by either party. PCE may terminate access without notice for violations.
Force Majeure:
PCE is not liable for delays caused by events beyond its control, including natural disasters, war, pandemics, or infrastructure failures.
Contact Information:
Questions about the Terms of Service should be sent to info@prairiecleanlitter.ca or via our Contact Us page. Legal correspondence can be directed to 203-2221 Cornwall Street, Regina, SK, Canada, S4P 0X7. We aim to respond to inquiries within 10 business days.