MEGAComfort International Inc. (“MEGAComfort”) will attempt to ship all orders within 2-3 business days. Unfortunately, due to overwhelming demand and other factors, this is not always possible. In such cases MEGAComfort will attempt to ship these orders as soon as possible in a timely fashion. As a result, no discounts or refunds will be given for fulfillment delays.
Upon receipt of a signed credit application (available upon request), MEGAComfort may establish a credit limit. In establishing credit limits MEGAComfort may require additional security in the form of personal guarantees or bank letters of credit. All credit limits exceeding $25,000 will require additional security. Credit approvals with a signed credit application may take up to 7 business days to process depending on the information available.
Payment is due upon shipment of goods. Terms to distributors with an established credit limit, are 30 days NET from shipment of goods. A forbearance and/or finance charge of 1.0 % per 10 days but subject to the maximum otherwise allowed under the law will be assessed on all accounts past due. Any terms and finance commitments granted to distributor are contingent upon distributor maintaining its account current. Upon an account becoming past due, all terms and finance commitments shall be void and all monies due shall accrue interest at the rate of 1.0% per 10 days but not to exceed the maximum rate allowable under the law. All future orders will require payment prior to shipment of goods.
MEGAComfort will ship using the carrier and method of its best judgment unless other instructions are provided on the order form and agreed to in advance. MEGAComfort will prepay freight charges and bill distributors accordingly. Consignee shipping may be also available with certain carriers. MEGAComfort assumes no responsibility for carrier time and transit delays. All merchandise is packed carefully for shipment and, therefore MEGAComfort is not responsible for damaged product suffered in transit once the carrier has accepted it. Should the distributor discover damages or loss in shipment, MEGAComfort will assist the distributor in settling claims for damages or loss, but is not responsible for the collection of claims or replacement of merchandise. A 10% surcharge will be added for all drop ship orders.
ERRORS AND SHORTAGES
All claims for shortages or errors in shipments must be made within 5 business days of receipt of shipment.
30 DAY COMFORT GUARANTEE
MEGAComfort offers a 30-day comfort guarantee to individual consumers. Distributors can obtain a credit from MEGAComfort, by returning any MEGAComfort insoles/orthotics returned to them within 30 days from the date of an individual consumer’s purchase. To obtain this credit, returned products must be shipped back to MEGAComfort, along with a copy of the individual consumer’s proof of purchase and credit or refund note with dates clearly marked. Such returns will only be accepted once per month.
MEGAComfort warrants that all its products sold shall be free from defects in material and workmanship for a period of six months. This warranty is not valid for misused, abused or improperly worn products. To obtain a credit for defective goods, returned products must be shipped back to MEGAComfort to be certified as defective and such returns will only be accepted once per month.
No returns other than those which fall under this warranty or MEGAComfort’s 30-day comfort guarantee will be allowed unless authorized in writing in advance by MEGAComfort. All returns will be subject to a 15% restocking fee plus shipping costs. A restocking fee will not be charged in cases where MEGAComfort is correcting an incorrect order sent out previously.
Taxes applicable to goods sold shall be added to the purchase price and paid by the distributor.
All marketing materials including, but not limited to websites, brochures and product images, must clearly display MEGAComfort’s name and/or logo unless otherwise agreed to in advance in writing by MEGAComfort. All printed materials and website content which includes MEGAComfort’s name, products, trademarks or any other intellectual property belonging to MEGAComfort must be pre-approved in writing by MEGAComfort. MEGAComfort retains the right at its sole discretion to request any party to immediately remove material from its website or refrain from using printed materials that either: (i) use MEGAComfort’s name, products, trademarks or any other intellectual property belonging to MEGAComfort without prior written authorization, or (ii) does not clearly display MEGAComfort’s name and/or logo on the party’s marketing materials. The distributor agrees not to attempt to copy or reverse engineer any MEGAComfort product or to adopt or use any name, logo or trademark or part number which is confusingly similar to any MEGAComfort product name, logo or trademark. The distributor agrees that it will not sell any product which copies or is confusingly similar with any MEGAComfort product, packaging, name, logo or trademark or part number.
POINT OF SALES
The distributor agrees that all MEGAComfort point of sale racks or displays remain the property of MEGAComfort and can only be used for the sole purpose of displaying and stocking MEGAComfort products.
MINIMUM ADVERTISED POLICY (MAP)
In order to protect MEGAComfort’s reputation for exceptional products, MEGAComfort has a minimum advertised price policy for all its products (“MAP”), as set forth on its pricing schedules. The MAP may be adjusted by MEGAComfort at its sole discretion upon providing written notice to the distributor. The MAP applies to all advertisements for any MEGAComfort products in any and all media, including, but not limited to: flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and other public displays. If the advertising does not comply with the MAP, the Distributor shall have twenty-four (24) hours to bring advertising into compliance, or MEGAComfort will cease supplying for a period of fourteen (14) days, the product in question to any dealer whose advertising of the product: (i) fails to display a price equal to or greater than the MAP for the product or (ii] contains a price lower than the MAP. MEGAComfort’s policy is to cease supplying for a period of thirty (30) days for any second violation, and one (1) year for any subsequent violation of this policy. The MAP applies only to advertised prices and does not apply to the price at which MEGAComfort products are actually sold or ordered for sale. MEGAComfort may periodically discontinue products or engage in promotions with respect to certain items. In such events, MEGAComfort may, at its discretion, modify or suspend the MAP with respect to the affected products upon providing written notice to the distributor.
If you have provided MEGAComfort with your e-mail address, we may use it to send you periodic updates regarding any promotions we have, or notifying you of important information regarding the operation of our business. By providing MEGAComfort with your e-mail address, you have consented to being contacted in this manner. If you do not wish for MEGAComfort to continue to contact you by e-mail, you will always have an option to “opt-out” of further communications, on each such communication.
MEGAComfort’s liability to distributor, regardless of cause, shall be limited to direct damages which shall not exceed the price paid by distributor for MEGAComfort products during the 12 months prior to the events giving rise to the claim. In no event whatsoever will MEGAComfort be liable for indirect, consequential, punitive or exemplary damages, including any damages for distributor’s loss of sales or loss of profits. Except for the express warranties above, MEGAComfort expressly disclaims and distributor hereby waives all warranties and conditions with respect to the products, including any implied warranties of merchantable quality or fitness for use.
If distributor’s account with MEGAComfort is referred to collection, whether or not a lawsuit is commenced, the distributor shall reimburse MEGAComfort for its reasonable legal fees and other costs of collection and litigation expenses.
Distributor accounts with MEGAComfort, and all transactions and any disputes between the distributor and MEGAComfort, shall be governed by and/or construed under and according to the laws of the Province of Ontario. The parties hereby irrevocably consent to the jurisdiction of the provincial and federal courts located in Ontario in any action arising out of or relating to these Terms and Conditions, and waive any other venue to which either party may be entitled by domicile or otherwise.
Neither failure nor delay on the part of MEGAComfort to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
Any provision of these Terms and Conditions that is held unenforceable or invalid for any reason by a court of competent jurisdiction shall be severed from the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in effect; provided, that such unenforceable or invalid provision shall be given effect to the maximum extent then permitted by law.
If and to the extent that a Party’s performance of any of its obligations pursuant to these Terms and Conditions is prevented, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, revolutions, strikes, labor disputes or any other similar cause beyond the reasonable control of such Party (each, a “Force Majeure Event”), then the non-performing, hindered or delayed Party shall be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues; provided, that such Party continues to use commercially reasonable e-orts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall promptly notify the other Party in writing of the occurrence of a Force Majeure Event, and describe in reasonable detail the nature of the Force Majeure Event.
These Terms and Conditions may change at the sole discretion of MEGAComfort. The modified terms will apply to all subsequent orders. Continued business with MEGAComfort (whether online, by fax, e-mail, purchase orders or any other means) after any update to the Terms and Conditions will be deemed to represent consent to be bound by, and agreement with the new Terms and Conditions.
Updated June 2015