Terms of Service
You are shopping on a merchant’s website (the “merchant”). If you place an order with the Merchant for delivery to an address outside of the U.S. (an “international order”), the order will go through a company called “With Reach”, in the way we describe below. Depending on your location, “Reach” refers to Calgary Foreign Exchange Ltd., Calforex Limited, With Reach (EU) Limited, Reach Ltd., With Reach (Australia) Pty. Ltd., With Reach UK Ltd., or With Reach (USA) LLC.
If you place an international order with the merchant, the item(s) that you are purchasing will be sold first by the merchant to Reach, and then by Reach to you. Reach becomes the “Merchant of Record” for your purchase. You will be providing your payment information, shipping address, and any additional information required or requested to complete your order directly to Reach, and not to the merchant, in order to enable Reach to process your payment and complete your order.
By placing an international order on the merchant’s website, you understand and agree that:
- You are dealing with and providing your information to Reach. Reach is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Reach may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.
- If there is an error in the price listed for a product on the merchant’s website, or in the price applied to the product during the sale of and processing of your order for the product, Reach is entitled to contact you, correct the price, and/or cancel your order.
- If Reach is able to successfully verify your payment information, Reach will temporarily take ownership of the items in your order until your payment is approved and processed. Payment for your order will be processed directly by Reach as the seller of the goods to you or the Merchant of Record.
- Once Reach processes your payment, the items in your order will be provided to a carrier for shipment to you, and at that time ownership in the items will shift from Reach, as the Merchant of Record, to you.
- Reach will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.
- Reach may refuse service, refuse to process or complete orders, remove or edit content, or cancel orders for any reason or for no reason, in its sole discretion.
- If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
- In some jurisdictions, Reach provides its payment processing services through its affiliates or third party service providers. In such instances, such affiliates and third parties are obligated under their contract with Reach to comply with strict privacy and data protection requirements.
Here are some other things to understand about your international order:
Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be accompanied by a reference to “Reach” and the merchant.
Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
Chargebacks, Fraud Prevention and Void Transactions. For your protection, Reach may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.
Customer Service and Returns. Questions or complaints about your order may be directed to the merchant or Reach. Reach will work with the merchant as necessary to resolve your issue. If the merchant allows for returns on international orders, Reach will assist you in processing a return in accordance with the merchant’s policy, including to reimburse you for the original sales prices of returned products, if authorized by the merchant. Reach may refuse any return requested if a restriction applies to the item for which the return is requested.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. This paragraph is not applicable to you if you reside in Quebec. REACH PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, REACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS DEPICTED ON OR ORDERED FROM THE MERCHANT’S WEBSITE, THEPROVISION OF REACH’S SERVICES, OR THE INFORMATION OR CONTENT DISPLAYED ON OR ACCESSIBLE VIA THE MERCHANT’S WEBSITE INCLUDING THE CHECKOUT PROCESS. YOU EXPRESSLY AGREE THAT YOUR USE OF REACH’S SERVICES IS AT YOUR SOLE RISK. REACH DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY PRODUCT IMAGES, DESCRIPTIONS OR SPECIFICATIONS PROVIDED ON THE MERCHANT’S WEBSITE. REACH WILL USE REASONABLE EFFORTS TO REQUIRE THE MERCHANT TO HONOUR THE LIMITED WARRANTIES FOR THE PRODUCTS SOLD TO YOU FROM THE MERCHANT’S WEBSITE, AND TO THE EXTENT REACH IS SUCCESSFUL, REACH WILL PASS THOSE WARRANTIES THROUGH TO YOU.
NEITHER REACH, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OF DATA OR PROFITS, THAT MAY BE INCURRED OR RESULT IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) REACH’S SERVICES OR PRODUCTS PURCHASED THROUGH REACH, EVEN IF REACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT REACH IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF REACH’S SERVICES OR ANY PRODUCTS PURCHASE THROUGH REACH, REACH’S AGGREGATE LIABILITY SHALL NOT EXCEED $100 USD.
Intellectual Property. All content on the merchant’s website, including in the checkout process, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of Reach, the merchant, or their respective licensors, as may be applicable, and is protected by United States and international copyright laws. All designs, graphics, logos, page headers, button icons, scripts, and service names are trade-marks or registered trade-marks of the merchant or Reach, as may be applicable, in the U.S. and/or other countries. Such trademarks may not be used without the prior written authorization of the merchant or Reach, as may be applicable.
General Terms. The following general terms apply whenever you place an international order through the merchant’s website:
- Compliance with Applicable Laws.
You certify that any products purchased through an international order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury Department. It is your responsibility to know the laws of the country into which you are importing any products that you order from the merchant’s website. By placing an international order you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
The merchant and Reach may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the merchant’s customer experience and/or the services provided by Reach. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.
- Electronic Communications.
When you place an international order through the merchant’s website, you are communicating with Reach electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Reach electronically/via email.
You acknowledge that Reach may make changes to its system, policies, and these Terms of Service at any time. Reach will ensure that the current version of these Terms of Service is presented every time you make an international order on the merchant’s website. You are responsible for reviewing these Terms of Service each time you make an international order. If you do not agree to any change in the Terms of Service, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms of Service.
If any or any portion of these Terms of Service is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
- Governing Law.
If you reside in Quebec, these Terms of Service are governed by and construed in accordance with the laws of the province of Quebec and the laws of Canada applicable therein. Otherwise, these Terms of Service are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of the country of Canada applicable therein.
Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of Alberta located in Calgary, Alberta, Canada, and you hereby irrevocably agree to the jurisdiction of the courts in Calgary, Alberta, Canada for all such purposes.
The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English. Les parties conviennent et exigent expressément que ce contrat et tous documents émis en vertu de celui-ci soient rédigés en anglais.