Upon placing a purchase order on the Site, you will be required to provide your credit card information (“Active Credit Card”) which will be charged the applicable amount depending on your purchase. All purchase prices on the Site are expressed in Canadian currency and are payable in Canadian currency. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Foremost in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Foremost reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Foremost’s authorization to provide and bill in connection with the services available on the Site is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.
We are confident that you will be satisfied with the products you purchase from Foremost. We understand, however, that sometimes a product may not be what you expected it to be. In that unlikely event, we invite you to review the following terms related to returning a product.
For any undamaged product, simply ship the product along with the original invoice to the return address within 30 days of the date you purchased the product, and we’ll offer a refund based upon the original payment method. In addition, please note the following:
- Should you wish to return a product, you will be responsible for paying the shipping and handling fees to return the product to us. We do not reimburse purchasers for the costs incurred to facilitate the return process.
- The amount of the refund will be the purchase price of the product, exclusive of the cost of shipping and handling.
- Refunds are conditional upon the product passing an inspection upon its return to confirm that the product is still in good working order.
License Grant and Proprietary Rights
The Site (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Site) is the property of Foremost and others, and is protected by Canadian and international copyright, trademark and other laws. The Foremost name and logo are trademarks of Foremost International Ltd. All other trademarks are the property of their respective owners. The use of any Foremost trademark without Foremost’s express written consent is strictly prohibited. The posting of information or material on the Site by Foremost does not constitute a waiver of any right in or to such information and/or materials. Foremost reserves all rights not expressly granted hereunder.
Your use of the Site does not transfer to you any ownership or other rights in the Site or its content. The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited.
You may print pages from the Site provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
The Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Foremost. You may not sell or resell any part of the Site or access to the Site. You may not use any of the software that is used in the operation or provision of the Site except while you are using the Site in accordance with this Agreement.
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. FOREMOST MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. FOREMOST DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT FOREMOST MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) THE SITE MAY INCLUDE LINKS TO THIRD PARTY SITES OVER WHICH FOREMOST HAS NO CONTROL. FOREMOST PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST FOREMOST WITH RESPECT TO SUCH THIRD PARTY SITES.
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF FOREMOST, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
FOREMOST RESERVES THE RIGHT TO LIMIT QUANTITIES.
Limited Product Warranty
Foremost provides a limited product warranty in respect of certain of its products. For a copy of our limited product warranty, click here.
Our limited warranty applies only to the original purchaser and installation of these products. All de-installation and re-installation and transportation costs or charges incidental to warranty services are to be borne by the owner. In no event will Foremost be liable for the cost of repair or replacement of any installation materials, including but not limited to, tiles, marble etc. Foremost will not be responsible for and this warranty does not cover and specifically excludes any liability to the purchaser or any third party for consequential or incidental damages, all of which are hereby expressly disclaimed, or the extension beyond the duration of this warranty of any implied warranties, including those of merchantability or fitness for an intended purpose.
Our warranty does not apply to local building code compliance. Since local building codes vary considerably, a purchaser of our products should check with a local building or plumbing contractor to insure local code compliance before installation. Foremost shall not be responsible or liable for any failure or damage to its toilet tank trim, plumbing fittings, or china products caused by the use of either chloramines or high concentration of chlorine, lime/iron sediments and/or other minerals not removed from public water during the treatment of public water supplies or caused by toilet tank type cleaners containing chlorine, calcium hypochlorite, and / or other chemicals.
Our warranty is void if the product has been moved from its initial place of installation; if it has been subjected to faulty maintenance, abuse, misuse, accident or other damages; if it was not installed in accordance with Foremost ’s instructions; or if it has been modified in a manner inconsistent with the product as shipped by Foremost.
Note: Some states or provinces do not allow the limitations on an implied warranty, and some states/provinces do not allow exclusions or limitations regarding incidental or consequential damages, so the above limitations may not apply to you. Our warranty gives you specific legal rights, and you may have other rights, which vary from state to state or province to province. No person is authorized to change, add to, or creates any warranty or obligation other than that set forth herein.
To obtain warranty service or product information call Customer Relations Department Warranty Service Group 1-888-256-7551 (Canada)
Our warranty gives the original purchaser of the product specific legal right, which may vary from state to state or from province to province. In some states or provinces, the exclusion or limitation of incidental or consequential damages is not allowed, so those exclusions may not apply to you.
What Type of Information Do We Collect?
Our website does not require our visitors to submit personal information (meaning information about a visitor that can uniquely identify the visitor) to Foremost while visiting the Website; however, personal information is required for the purchase of our products. In every transaction the Foremost website will request personal information including: full name, email address, billing address, phone number, and credit card number.
How Do We Use This Information?
The information we collect is used primarily to process payments and delivery quality products in an efficient and timely manner to our customers. Additionally, we may use your information to:
- send you emails or other information or materials you request;
- respond to your questions and comments and provide customer support;
- communicate with you about our and our affiliates’ products, services, offers, and promotions;
- operate, evaluate, and improve our business and the products and services we offer; and
- comply with applicable legal requirements and industry standards.
In addition, if you identify yourself to us by sending us an email with questions or comments, we may use such information (including personal information) to respond to your questions or comments, and we may file your questions or comments for future reference.
How Do We Share This Information?
Foremost does not sell, rent, individually post, or otherwise disclose any personal information about visitors to or customers of our website to unrelated third parties for marketing purposes. However, the personal information that you provide will be available to Foremost, our affiliates, agents, representatives, franchisees, and trusted service providers and contractors, as appropriate, to be used for the purposes indicated above at the time you voluntarily provide such personal information and to support our business.
In addition, we may disclose your personal information in response to a legal request (such as search warrants, court orders, and summons) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Canada where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
Children Under the Age of 13
The Foremost Website is not directed to, and Foremost will not knowingly collect or solicit personal information from, children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at: [email protected] Foremost encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
How Long Do We Store This Information?
We may retain information about you and information that you have provided for a commercially reasonable time for backup, archival, and/or audit purposes.
To opt-out of receiving e-mail advertising, SMS text-based marketing (where and to the extent permitted by applicable law), telemarketing and direct mail marketing from us, you can follow the instructions at the end of the applicable marketing message or check the Unsubscribe box.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Services, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related and inquiry response-related messages from Foremost, you must cease requesting and/or utilizing the Services and cease submitting inquiries to Foremost, as applicable.
Deleting and Updating Your Information
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at [email protected]; provided, however, that we ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical.