STORE CREDIT AND CREDIT ACCOUNTS TERMS AND CONDITIONS
Store Credit (from returns and refunds.)
1. Store Credit can be redeemed for goods and/or services in store only. Store Credit cannot be used to purchase Gift Cards.
2. Store Credit is valid for 24 months from the date it is issued. Any unused Store Credit will not be redeemable after 24 months. The validity date cannot be extended.
3. Once Store Credit has been issued, the value cannot be changed to a cash refund.
4. Store Credit does not accrue interest.
5. Store Credit can only be used on orders associated with your original account or email address. Store credit cannot be transferred to another person or account.
6. Trekkers Outdoor Ltd. will not be responsible for any lost or stolen gift cards.
7. If the value of your purchase is less than the value of the Store Credit, your spend will be deducted and the remaining balance can be redeemed when you next make a purchase. Purchase amounts that exceed the value of the Store Credit will require an additional method of payment for the balance due.
8. If an Order made using Store Credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only, and not refunded as cash. Restocking and handling fees may apply.
9. We reserve the right to correct the balance of your store credit if we believe that a clerical or account error has occurred.
Store Credit Accounts
1. Creation of Account. Upon approval of account, the applicant shall have the right to purchase, up to the credit limit granted, goods and services from Trekkers Outdoor Ltd. under a trade credit account authorized by these Terms and Conditions (the "Account"). Applicant agrees to repay Trekkers Outdoor Ltd. any amounts due relating to any goods or services purchased through the Account, pursuant to these Terms and Conditions. Applicant understands that such credit includes all accrued finance charges and any additional charges provided for in these Terms and Conditions. All purchases made by Applicant under the Account shall be billed to Applicant by invoice 14 days after the purchase date. Trekkers Outdoor Ltd management shall determine the credit limit for the Account after determining Applicant's creditworthiness and notify Applicant of such.
2. Payment. All goods and services charged to the Account and any interest due on the Account shall be paid in full no later than the due date as indicated on the relevant invoice. Trekkers Outdoor Ltd. shall charge a one and one-half percent (1 1/2%) finance charge, per month, on all past due amounts. Any payment made by Applicant hereunder will be applied first to any additional charges described in these Terms and Conditions, second to any outstanding finance charges and third to reduce the remaining portion of the balance due on the Account. Purchasing privileges may be suspended (at managements discretion) on all overdue accounts.
3. Fees for Cheques Returned by Financial Institutions. If any cheque or similar instrument provided by Applicant to Trekkers Outdoor Ltd. is refused for any reason, an additional charge equal to the fee charged by the applicable financial institution to Trekkers Outdoor Ltd., plus a handling fee of $20, or the highest fee allowable by law, whichever is less, shall be added to the balance then owed on the Account.
4. Default. Applicant shall be in default hereunder if any of the following occurs: (a) Applicant breaches any of these Terms and Conditions; (b) Applicant enters into a compromise with its creditors, becomes insolvent, is declared bankrupt, goes into liquidation or a receiver is appointed in respect of it, or any event analogous in nature occurs under the laws of any jurisdiction; (c) Applicant ceases, or threatens to cease, carrying on any material part of its business or operations; or (d) the prospect of payment or performance hereunder is significantly impaired. In the event of such a default, Trekkers Outdoor Ltd. shall be entitled to declare any outstanding amount owing in respect of the Account immediately due and payable.
5. Limitation on Use of Account; Cancellation. Trekkers Outdoor Ltd. may at any time, without prior notice, refuse to allow Applicant the right to purchase goods and/or services under the Account. Trekkers Outdoor Ltd. may also cancel the Account at any time, for any reason, without prior notice. However, such cancellation shall not relieve Applicant from any of its obligations under these Terms and Conditions.
6. Trekkers Outdoor Ltd. Recovery of Costs. Subject to any limitations provided by applicable law, if Trekkers Outdoor Ltd. prevail in any dispute under these Terms and Conditions, including any arbitration proceeding, Trekkers Outdoor Ltd. shall be entitled to reimbursement from Applicant for all expenses, including but not limited to, reasonable attorneys' fees incurred by Trekkers Outdoor Ltd. in connection with such action. Despite the foregoing, the recovery of such costs shall be limited by the following: (a) recovered costs shall not include costs incurred by a salaried employee of Trekkers Outdoor Ltd. and (b) the total amount of the recovered costs shall not exceed 15% of the aggregate amount due and payable under the Account.
7. Arbitration. Any controversy or claim arising out of or relating to the Account shall be decided by arbitration administered by the Canadian Arbitration Association in accordance with its Commercial Arbitration Rules, subject to the limitations and restrictions set forth in this Section 7. A demand for arbitration shall be made within a reasonable time after a controversy or claim has arisen and in no event shall be made after the date when institution of legal or equitable proceedings based upon such claim or controversy would be barred by the applicable statute of limitations. The arbitrator(s) shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages. The parties acknowledge and agree that these Terms and Conditions evidence a transaction involving interstate commerce. Accordingly, the Canadian Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration provisions hereunder. The place of arbitration shall be the Canadian Arbitration Association's office closest to the location of Trekkers Outdoor Ltd. granting credit hereunder. The parties shall be entitled to discover all documents and information reasonably necessary for a full understanding of any relevant issue raised in the arbitration. Regardless of any term or provision herein to the contrary, claims for contribution or indemnity filed by a party in any lawsuit or action filed or asserted by a third party on account of personal injury or death of any person or damage to property shall not be subject to the terms and provisions of this Section 7. The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
8. Amendment. Trekkers Outdoor Ltd. may amend these Terms and Conditions at any time by giving written notice of the same to Applicant at the billing address on the records of the Trekkers Outdoor Ltd.. Unless otherwise restricted by applicable law, the effective date of such notice shall be 15 days after the date such notice is deposited in the mail. Except as set forth in this section, these Terms and Conditions may only be amended in a writing signed by the parties hereto.
9. Miscellaneous. No waiver by either party of a breach or default hereunder shall be deemed a waiver by such party of a subsequent breach or default of a like or similar nature. No waiver of any of these Terms and Conditions shall be effective against any of Trekkers Outdoor Ltd. unless in writing signed by the appropriate corporate officer or authorized manager. If any of these Terms or Conditions is unenforceable, such term or condition shall be limited only to the extent necessary to make it enforceable, and all other terms and conditions will remain in full force and effect. These Terms and Conditions shall be governed by the laws of the State of Missouri, without giving effect to the choice of laws provisions thereof. The remedies expressly provided for in these Terms and Conditions will be in addition to any other remedies that Trekkers Outdoor Ltd. may have under other applicable law. Applicant may not assign these Terms and Conditions without the prior written consent of Trekkers Outdoor Ltd.. These Terms and Conditions represent the sole and exclusive agreement of the parties with respect to the matters contemplated herein and supersede all prior negotiations, agreements, representations or warranties; provided, however, that these Terms and Conditions shall in now way supersede or effect any unrelated and separate lending or security agreements of any one or all of Trekkers Outdoor Ltd. or Applicant. These Terms and Conditions shall be binding upon and inure to the benefit of the parties and their successors and assigns, to the extent successors and assigns are allowed hereby.