TERMS OF USE AND SALE

Terms of Use and Sale

These Terms of Use govern your use of our website at www.electrolux.ca, www.frigidaire.ca, or any other websites to which we link these Terms, (our “Website”), our mobile applications, and  our sale of appliances and other goods and services through our Website (collectively, the “Services”).  The Services are provided by Electrolux Canada Corp. (“Electrolux”).

Where permitted by applicable law, and excluding individual residents of Quebec, note that Section 12 of these Terms contains an arbitration clause and a class action waiver provision. It affects how disputes between you and Electrolux may be resolved.

1.                   Acceptance of these Terms

By accessing or using the Website or any of the Services you agree to these Terms of Use and Sale (the "Terms") and to our privacy policy (“Privacy Policy”). If you do not agree to these Terms or the Privacy Policy, please do not access or use the Website or the Services.

2.                   Modifications and Termination

We reserve the right to modify the Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. Any revised versions of the Services will be subject to these Terms, unless we provide otherwise. If you don’t like any changes, you can stop using the Services at any time.

3.                   Your Account

You may be required to create an account and specify a password in order to use certain Services. To create an account, you must be at least 18 years old and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. You are solely responsible for the activity that occurs on your account and for keeping your account password secure. If you believe that your account has been compromised at any time, please contact us at 1-800-265-8352.  We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.

4.                  Your Use of the Services

You may not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features of the Services (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Services, and take other legal actions we deem appropriate.

Using the Services does not give you ownership of any intellectual property rights to the content you access. You may not use content from the Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

5.                   Prices and Payment

You have a legal obligation to pay for any orders made by you or through your account. In order to complete an Order, you may be required to provide certain additional information that is required to process your order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your order. By completing an order, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your order, either by credit card or other permitted payment method. Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars.

You will be billed for your order at the time your order is placed. You will be responsible for all applicable taxes related to your order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, and other charges. Taxes may depend on delivery location. Payments are processed by a third party service provider. We will charge you the amount on the invoice presented to you, but your financial institution may charge you a service charge or other bank fees.

We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.

If complete payment for your order is not received and verified by us, your order will not be processed. If you do not complete or improperly complete your order it may not be accepted or acknowledged.

Electrolux reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Prices may differ from those for purchases made through other channels.

6.                   Orders

All orders made through the Services are subject to these Terms, as well as any other applicable terms and conditions outlined on the Website relating to the order.

Please note that adding an item or items to your cart does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your cart. If an item was removed from your cart, this may mean that we have sold out prior to you completing your order.

Electrolux uses reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. Electrolux reserves the right to limit the number of items ordered and to refuse services to any customer without prior notification. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that an item is listed an incorrect price, either due to typographical or other error, Electrolux shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made, Electrolux shall promptly refund the purchase price.

All orders are subject to verification by Electrolux at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Electrolux): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms.

7.                   Shipping and Delivery

Electrolux reserves the right to restrict delivery to addresses within Canada. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your order (unless you are able to provide an alternate eligible shipping address).

Shipping and handling fees and applicable sales/use tax will be added by Electrolux as necessary.

The estimated delivery timeline will be specified in your order; however, as we use a third party to deliver orders, it is possible that your order will arrive before or after the estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control.

Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order.

8.                   Returns and Cancellations

Products may either be returned for credit or exchanged. No credited orders will also be eligible for product exchange.

No Refunds after 90 days; no exchanges after 6 months. $5.00 re-stocking fee for all returns up to 90 days after purchase. Refunds and exchanges require product return. Products must be returned unused in all cases.

9.               Read the Manual

The Service is not a substitute for responsible and safe appliance operation.  Please refer to your owner’s manual for further information.  You should not rely on the Service as a means of preventing accidents, fire, or damage to your appliance or residence.  It is your responsibility to ensure that your appliance is maintained in good working order and that your appliance is used in a safe and responsible manner.  Electrolux does not guarantee any results or the accuracy of any results that you may obtain from the Service.

10.               Your Use of Connected Appliances

Electrolux collects and stores certain data on or about you and your Smart Appliance. Our Privacy Policy, which is available for review at https://www.frigidaire.ca/privacy-policy, describes how Electrolux will collect, access, use and disclose your personal information and information related to your connected appliance and the Service.

Your appliance may use your Internet connection to provide you with the Service. You must have a working wireless Internet connection at the location of your connected appliance in order to use the Service. You acknowledge that you are responsible for all fees charged by your Internet service provider (“ISP”) and mobile service carrier (“Carrier”) in connection with your use of the Service. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier. Electrolux is not responsible for any charges or actions that your ISP or Carrier may take against you for using data or the network in violation of your ISP’s or Carrier’s terms and policies.

To the maximum extent permitted by applicable law, Electrolux makes no warranty that the Service: (a) will meet your requirements; (b) will be compatible with your computer or mobile device; (c) will be available on an uninterrupted, timely, secure, or error-free basis; or (d) will be accurate or reliable. You acknowledge and agree that the availability of the Service is dependent on (a) your computer, mobile device, home wiring, and other related equipment (“Equipment”); (b) your ISP; and (c) your Carrier. Electrolux does not guarantee the reliability or timeliness of communications or notifications from or between you and your connected appliance. You agree that the Services are subject to limitations and restrictions outside of Electrolux’s control, which include such things as wireless network capabilities, Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of the Internet or with satellites and satellite data. Electrolux is not responsible for these limitations.

11.              Electrolux Trademarks and Copyrights

All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Electrolux and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking all available legal remedies, if we deem it necessary.

13.              Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Services. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant Electrolux, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, translate, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using our Services. Further, you waive all moral rights in your User Content in favour of Electrolux, and anyone acting with our authorization.

You agree to indemnify Electrolux against any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.

13.              Code of Conduct

You agree that you will not use the Services to upload, post, communicate or otherwise submit or transmit any Content that:

  • a)    may, in the sole and absolute discretion of Electrolux, degrade, disparage, tarnish or deprecate Electrolux and/or the public image or standing in the community of Electrolux, provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with Electrolux or its services or products in a manner prohibited under applicable law;
     
  • b)    is deemed, in the sole and absolute discretion of Electrolux, to be defamatory, trade libelous, pornographic or obscene;   
     
  • c)    is deemed, in the sole and absolute discretion of Electrolux, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of other individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Electrolux; any identifiable third party products, trade-marks, brands and/or logos, other than those of Electrolux; conduct or other activities in violation of these Terms; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Electrolux in its sole and absolute discretion;
       
  • d)    contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
     
  • e)    infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
     
  • f)     contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
     
  • g)    violates or encourages violation of any law;

  • h)    contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

We reserve the right, but no obligation to screen all Content. Any Content that we deem, in our sole and absolute discretion, to violate the terms and conditions set forth in these Terms may be deleted or not posted. We reserve the right, in our sole and absolute discretion and at any time and for any reason and without notice, to remove any Content (or any part thereof). 

14.              Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other Service user. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

15.              Non-Confidential Information

Subject to our Privacy Policy, any material, information or idea you transmit or post to the Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Electrolux for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.

16.              Copyright Protection

If you believe any Content on the Services infringes your copyrights or other proprietary right, you may request that we remove the Content from the Services (or disable access to that Content) by contacting us and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by e-mail to customerservice@frigidaire.com.

17.              Social Networks

The Services may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking websites is governed by the terms of service and other agreements posted on those websites. You are responsible for ensuring that your use of those website complies with any applicable terms of service or other agreements.

18.              Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of care, but there are certain things that we cannot guarantee.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT WHERE PROHIIBITED FOR INDIVIDUALS RESIDING IN THE PROVINCE OF QUEBEC, YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FRIGIDAIRE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ELECTROLUX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.  SHOULD THE SERVICE PROVE DEFECTIVE, SUBJECT TO ANY WRITTEN WARRANTY WE HAVE PROVIDED YOU, AND WITHOUT LIMITING STATUTORY RIGHTS THAT CANNOT BE LIMITED BY LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

THIS SECTION DOES NOT LIMIT ANY MANUFACTURER’S WARRANTY OR EXTENDED SERVICE AGREEMENT WE MAY PROVIDE TO YOU IN WRITING. SUCH MANUFACTURER’S WARRANTIES AND EXTENDED SERVICE PLANS ARE SUBJECT TO THEIR OWN TERMS AND LIMITATIONS.

19.              Liability for our Services

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITATION TO THE QUEBEC CONSUMER PROTECTION ACT WHERE SUCH APPLIES, YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. EXCEPT WHERE PROHIBITED, ELECTROLUX SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF ELECTROLUX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

20.              Disputes

This Section 20 applies to the maximum extent permitted by applicable law, and does not apply to individuals resident in Quebec.

You agree that agree that any dispute or claim arising out of your use of the Services or any products sold through the Service, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The US Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Electrolux by mailing it to 5855 Terry Fox Way, Mississauga, Ontario, L5V 3E4, pursuant to the JAMS instructions.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

21.              Changes to these Terms

Electrolux may modify these Terms or any part of these Terms at any time and from time to time, so be sure to check back regularly. Without limiting the foregoing, we may modify our payment terms, delivery terms, warranties and return policies, and shipping policies. If we amend these Terms, we’ll let you know either by posting the updated Terms on the Website or through other communications. Where required by law or at our discretion, we will send a message to the email address (or other contact information at our discretion) associated with your account, setting out the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, at least thirty (30) days in advance of the change. It’s important that you review the Terms of Service whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, then you are agreeing to be bound by the updated Terms of Service. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. If you do not agree with any modification, then you may terminate the Services, without cost or penalty by sending us notice to that effect.

By continuing to use or log in to the Service after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Service.

22.              Additional Details

The Service may contain links to third-party websites or apps. That doesn’t mean that we control or endorse those websites or app, or any goods or services sold on those websites or apps. Similarly, the Service may contain ads from third-parties. We do not control or endorse any products being advertised. We are not responsible for any third party websites or apps, or for any goods or services sold on them.

When you use the Service or send communications to us through the Service, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Services from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Electrolux to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).

For users that are not individuals resident in the province of Quebec, these Terms are governed by and construed in accordance with the laws of Ontario, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Toronto, Ontario, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

For individuals resident in the province of Quebec, these Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, as applied to agreements entered into and completely performed in the Province of Quebec, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Montréal, Quebec, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

23.              Contact Us

If you have any questions about these Terms or our Services, you may contact us at:

5855 Terry Fox Way, Mississauga, Ontario, L5V 3E4

1 (800) 265-8352

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Last updated: June 26, 2024