BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT BELOW. PLEASE READ THE FOLLOWING CAREFULLY:
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE PRODUCTS AND/OR SERVICES YOU PURCHASE ARE SUITABLE AND ADEQUATE FOR YOUR REQUIREMENTS AND AVANTI SHALL NOT HAVE ANY LIABILITY TO YOU (WHETHER IN CONTRACT,TORT [INCLUDING NEGLIGENCE] OR OTHERWISE) IF THESE PRODUCTS AND/OR SERVICES ARE NOT SUITABLE OR ADEQUATE FOR YOUR REQUIREMENTS.
1. Copyright and Trade Marks
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Canadian and other copyright laws, and is the property of Avanti Sports Group Inc., (hereinafter referred to as AVANTI). The collective work includes works that are licensed to AVANTI. Copyright 2022, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with AVANTI or purchasing AVANTI products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with AVANTI or to purchase AVANTI products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by AVANTI.
All trademarks, service marks and trade names of AVANTI used in the site are trademarks or registered trademarks of AVANTI.
2. Information
AVANTI does not represent or warrant that the information on this website will be accurate, reliable, complete or current. AVANTI advises you to verify the accuracy of any information on the website before relying on it.
3. Terms and Conditions of Purchase
If you wish to purchase products and/or services that we offer on our website, you must agree to our terms and conditions of purchase.
4. Links
This website may contain links to other websites. AVANTI accepts no responsibility or liability in respect of the operation or content of other websites linked to this website.
5. Modification
AVANTI may at any time modify these terms and conditions and will post the new version on the website. Your continued use of the website constitutes your agreement to these modified terms and conditions.
6. Typographical Errors
In the event that a AVANTI product is mistakenly listed at an incorrect price, AVANTI reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. AVANTI reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, AVANTI shall issue a credit to your credit card account in the amount of the incorrect price.
7. Governing Law
These terms and conditions and your use of the website are governed by Canadian law and you submit to the exclusive jurisdiction of the Canadian provincial or federal courts.
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of AVANTI products) shall be in the provincial or federal courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of AVANTI products) must be commenced within one (1) year after the claim or cause of action arises. AVANTI's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AVANTI may assign its rights and duties under this Agreement to any party at any time without notice to you.
TERMS AND CONDITIONS OF PURCHASE
1. Terms and Conditions
You agree that these terms and conditions apply to your purchase of all products and services that we offer on our website.
In addition to these terms and conditions, you also agree that any terms and conditions AVANTI is obliged to impose by licensors of products it offers on our website will apply to your use of those products. These terms and conditions prevail over such licensors' terms and conditions in the event of conflict or inconsistency.
2. Contract
A binding contract for the sale and purchase of goods and/or services between you and AVANTI will only come into effect when AVANTI has received full and final payment from you. AVANTI is not obliged to accept any order/ purchase request you submit.
3. Warranty
AVANTI warrants that products are free from defects when they leave our warehouse. In the event you receive a defective product, this must be reported to AVANTI by email (sales@avantisportswear.com) within 48 hours. It must also be noted on the Bill of Laiding from the delivering carrier. AVANTI provides warranty against breakage or defect for most products under normal use for a period of 90 days. It is soley at AVANTI's descretion if a products qualifies for warranty replacement or refund.
4. Liability
AVANTI makes no guarantee of any kind regarding the operation of this website.
AVANTI its affiliates and related companies, and its directors, officers, employers, consultants and agents do not make any representations or warranties of any kind, express or implied, regarding this website. This website is provided on an "as is" and "as available" basis.
AVANTI does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of this website, or any of the content or data found on this website, and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
AVANTI and its third party partners and suppliers on this website (collectively the Third Parties), their affiliates and related companies, and their respective directors, officers, employees, consultants, representatives and agents are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
AVANTI and the Third Parties, their affiliates and related companies, and their respective directors, officers, employees, consultants, representatives and agents assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on our website or your downloading of any materials, data, text, images, video or audio from our website or the transmission of confidential or sensitive information over the Internet. In no event shall AVANTI or any of the Third Parties, their affiliates and related companies, their respective directors, officers, employees, consultants, representatives and agents be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of this website or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of this website for purchases), or the performance or non-performance by AVANTI or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.
Notwithstanding the foregoing, any products you purchase through our website shall be subject to all terms and conditions relating to such purchase, including, without limitation, all terms and conditions posted on our website and all terms and conditions delivered to you (in any form or manner) in connection with such purchased products.
Sports can be fun and fulfilling, but can also be dangerous. Please enjoy your chosen activity responsibly, get the right training, make sure you are in good physical condition, and are correctly equipped. Some or all of the activities for which we sell equipment, apparel and footwear can pose a significant risk to your well-being. AVANTI does not assume any responsibility for actions resulting from or associated in any way with the purchase of any products through our website. By using our website, and through your purchase, you acknowledge and attest that you understand these risks, and you take full responsibility for your own actions. You acknowledge that you release AVANTI from and against any loss, cost, liability or damage (including reasonable attorney's fees and costs) resulting from any claim, suit or proceeding (threatened or otherwise) made or brought or which may be made or brought against us based upon any use or purchase of products or services provided by this website.
5. Indemnification
In addition and to the maximum extent permitted by applicable law, you shall indemnify and save harmless AVANTI and the Third Parties, their affiliates and related companies and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of this website, the placement or transmission of any information or other materials on this website made by you or others using your computer. AVANTI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6. Shipping
Small orders are shipped with Canpar, Purolator, UPS, FedEx or local carriers. Larger orders may ship with regional or national trucking companies. During check-out you will be quoted available shipping options for your postal/zip code. Shipping rate calculation is based on the destination postal/zip code and the total weight of your order.
Orders received before 12:00 noon EST usually ship the same day. Transit time is dependent on your selected shipping method. In most cases, you will receive a tracking number for your package by email once your order has left our warehouse.
We reserve to right to alter shipping arrangements, including carrier, in order to provide the most efficient delivery possible for your destination. Fuel surcharges may apply periodically. Free shipping is capped at 15 percent of your order value. Some markets may exceed this cap and you will be notified by email or phone prior to your order shipping if additional charges will apply. At this point you will have the option to accept the additional charges or cancel your order.
If you have any questions about shipping, please email us at sales@avantisportswear.com
7. Exchanges and Returns
Avanti offers 15-day refund and/or exchange for most merchandise with individual retail value under $500.00. All items considered for refund or exchange must be returned in "as new" unopened condition, free of visible marks, scratches or defects, complete with all packaging materials. After 15 days all merchandise is considered used and may be considered for trade-in purpose only. There are no refunds or exchanges on merchandise valued over $500. Products damaged during shipping must be noted on the delivery Bill of Lading and reported to Avanti within 48 hours of receipt of goods. All returns are subject to inspection and return approval by an Avanti Sales Associate or Manager.
Avanti reserves the right to charge for missing or damaged merchandise and parts. If Avanti Management determines that an item is returnable but does not meet all Exchange & Return guidelines, Avanti reserves the right to charge a Restocking Fee. The fee charged may vary according to the item's condition, the state of the item's packaging and the item value. The minimum restocking fee is 15%.
Upon approval of a return the following conditions must be met prior to a refund or exchange:
The item must be accompanied by the original receipt.
The total will be refunded in the fashion it was paid (credit card, debit, etc.)
If refunded by credit card or debit, the original account will be refunded.
Avanti does not accept for refund or exchange the following products:
merchandise exceeding Avanti's retail price of $500.00
Gift Cards
Batteries
Non-stocked special order or custom items
Returnable items can be brought directly to Avanti's showroom or shipped to Avanti by mail or courier to the address noted below. Please contact Avanti by e-mail (sales@avantisportswear.com) or phone (1-877-470-0069) prior to shipping goods. Your shipment will be checked upon receipt. Any shortage of merchandise or damage to product will be reported to you within 10 days of Avanti's receipt and an appropriate restocking charge applied. Shipping, duty, brokerage and insurance charges are non-refundable; however, Avanti will refund your original shipping cost if the return is a result of our error.
Return Shipping Address:
The shipping address for returned items is:
Avanti - Returns
7250 Victoria Park Ave. Unit A
Markham, ON L3R 2M5
Canada
By using our website and/or placing orders through our website you are stating and acknowledging that you have read the aforementioned policies and that you understand such policies and agree to be bound by them.