Terms and Conditions
Last updated: April 03, 2020
Please read these terms and conditions carefully before using Our
Interpretation and
The words of which the initial letter is
capitalized have meanings defined
under the following conditions.
The following definitions shall have the
same meaning regardless of whether
they appear in singular or in plural.
For the purposes of these Terms and
Affiliate means an entity that
controls, is controlled by or is under
common control with a party, where
"control" means ownership of 50% or
more of the shares, equity interest or
other securities entitled to vote for
election of directors or other
managing authority.
Account means a unique account
created for You to access our Service
or parts of our Service.
Company (referred to as either "the
Company", "We", "Us" or "Our" in this
Agreement) refers to Smith Army
Surplus, 86 Princess Street,
Kingston, Ontario K7L 1A5.
Country refers to: Ontario, Canada
Feedback means feedback,
innovations or suggestions sent by
You regarding the attributes,
performance or features of our
Goods refer to the items offered for
sale on the Service.
Orders mean a request by You to
purchase Goods from Us.
Service refers to the Website.
Terms and Conditions (also
referred as "Terms") mean these
Terms and Conditions that form the
entire agreement between You and
the Company regarding the use of
the Service.
Third-party Social Media Service
means any services or content
(including data, information, products
or services) provided by a third-party
that may be displayed, included or
made available by the Service.
Website refers to,
accessible from
You means the individual accessing
or using the Service, or the company,
or other legal entity on behalf of
which such individual is accessing or
using the Service, as applicable.
These are the Terms and Conditions
governing the use of this Service and
the agreement that operates between
You and the Company. These Terms
and Conditions set out the rights and
obligations of all users regarding the
use of the Service.
Your access to and use of the Service
is conditioned on Your acceptance of
and compliance with these Terms and
Conditions. These Terms and
Conditions apply to all visitors, users
and others who access or use the
By accessing or using the Service You
agree to be bound by these Terms and
Conditions. If You disagree with any
part of these Terms and Conditions
then You may not access the Service.
Your access to and use of the Service
is also conditioned on Your acceptance
of and compliance with the Privacy
Policy of the Company. Our Privacy
Policy describes Our policies and
procedures on the collection, use and
disclosure of Your personal information
when You use the Application or the
Website and tells You about Your
privacy rights and how the law protects
You. Please read Our Privacy Policy
carefully before using Our Service.
Placing Orders for
By placing an Order for Goods through
the Service, You warrant that You are
legally capable of entering into binding
Your Information
If You wish to place an Order for
Goods available on the Service, You
may be asked to supply certain
information relevant to Your Order
including, without limitation, Your
name, Your email, Your phone number,
Your credit card number, the expiration
date of Your credit card, Your billing
address, and Your shipping
You represent and warrant that: (i) You
have the legal right to use any credit or
debit card(s) or other payment
method(s) in connection with any
Order; and that (ii) the information You
supply to us is true, correct and
By submitting such information, You
grant us the right to provide the
information to payment processing third
parties for purposes of facilitating the
completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel
Your Order at any time for certain
reasons including but not limited to:
Goods availability
Errors in the description or prices for
Errors in Your Order
We reserve the right to refuse or cancel
Your Order if fraud or an unauthorized
or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be
returned in accordance with these
Terms and Conditions and Our Returns
Our Returns Policy forms a part of
these Terms and Conditions. Please
read our Returns Policy to learn more
about your right to cancel Your Order.
Your right to cancel an Order only
applies to Goods that are returned in
the same condition as You received
them. You should also include all of the
products instructions, documents and
wrappings. Goods that are damaged or
not in the same condition as You
received them or which are worn
simply beyond opening the original
packaging will not be refunded. You
should therefore take reasonable care
of the purchased Goods while they are
in Your possession.
We will reimburse You no later than 14
days from the day on which We receive
the returned Goods. We will use the
same means of payment as You used
for the Order, and You will not incur
any fees for such reimbursement.
You will not have any right to cancel an
Order for the supply of any of the
following Goods:
The supply of Goods made to Your
specifications or clearly personalized.
The supply of Goods which according
to their nature are not suitable to be
returned, deteriorate rapidly or where
the date of expiry is over.
The supply of Goods which are not
suitable for return due to health
protection or hygiene reasons and
were unsealed after delivery.
The supply of Goods which are, after
delivery, according to their nature,
inseparably mixed with other items.
The supply of digital content which is
not supplied on a tangible medium if
the performance has begun with Your
prior express consent and You have
acknowledged Your loss of
cancellation right.
Availability, Errors and
We are constantly updating Our
offerings of Goods on the Service. The
Goods available on Our Service may
be mispriced, described inaccurately,
or unavailable, and We may
experience delays in updating
information regarding our Goods on the
Service and in Our advertising on other
We cannot and do not guarantee the
accuracy or completeness of any
information, including prices, product
images, specifications, availability, and
services. We reserve the right to
change or update information and to
correct errors, inaccuracies, or
omissions at any time without prior
Prices Policy
The Company reserves the right to
revise its prices at any time prior to
accepting an Order.
The prices quoted may be revised by
the Company subsequent to accepting
an Order in the event of any
occurrence affecting delivery caused
by government action, variation in
customs duties, increased shipping
charges, higher foreign exchange costs
and any other matter beyond the
control of the Company. In that event,
You will have the right to cancel Your
All Goods purchased are subject to a
one-time payment. Payment can be
made through various payment
methods we have available, such as
Visa, MasterCard, Affinity Card,
American Express cards or online
payment methods (PayPal, for
Payment cards (credit cards or debit
cards) are subject to validation checks
and authorization by Your card issuer.
If we do not receive the required
authorization, We will not be liable for
any delay or non-delivery of Your
User Accounts
When You create an account with Us,
You must provide Us information that is
accurate, complete, and current at all
times. Failure to do so constitutes a
breach of the Terms, which may result
in immediate termination of Your
account on Our Service.
You are responsible for safeguarding
the password that You use to access
the Service and for any activities or
actions under Your password, whether
Your password is with Our Service or a
Third-Party Social Media Service.
You agree not to disclose Your
password to any third party. You must
notify Us immediately upon becoming
aware of any breach of security or
unauthorized use of Your account.
You may not use as a username the
name of another person or entity or
that is not lawfully available for use, a
name or trademark that is subject to
any rights of another person or entity
other than You without appropriate
authorization, or a name that is
otherwise offensive, vulgar or obscene.
Your Feedback to
You assign all rights, title and interest
in any Feedback You provide the
Company. If for any reason such
assignment is ineffective, You agree to
grant the Company a non-exclusive,
perpetual, irrevocable, royalty free,
worldwide right and licence to use,
reproduce, disclose, sub-licence,
distribute, modify and exploit such
Feedback without restriction.
Links to Other
Our Service may contain links to thirdparty
web sites or services that are not
owned or controlled by the Company.
The Company has no control over, and
assumes no responsibility for, the
content, privacy policies, or practices of
any third party web sites or services.
You further acknowledge and agree
that the Company shall not be
responsible or liable, directly or
indirectly, for any damage or loss
caused or alleged to be caused by or in
connection with the use of or reliance
on any such content, goods or services
available on or through any such web
sites or services.
We strongly advise You to read the
terms and conditions and privacy
policies of any third-party web sites or
services that You visit.
We may terminate or suspend Your
Account immediately, without prior
notice or liability, for any reason
whatsoever, including without limitation
if You breach these Terms and
Upon termination, Your right to use the
Service will cease immediately. If You
wish to terminate Your Account, You
may simply discontinue using the
Limitation of
Notwithstanding any damages that You
might incur, the entire liability of the
Company and any of its suppliers
under any provision of this Terms and
Your exclusive remedy for all of the
foregoing shall be limited to the amount
actually paid by You through the
Service or 100 USD if You haven't
purchased anything through the
To the maximum extent permitted by
applicable law, in no event shall the
Company or its suppliers be liable for
any special, incidental, indirect, or
consequential damages whatsoever
(including, but not limited to, damages
for loss of profits, loss of data or other
information, for business interruption,
for personal injury, loss of privacy
arising out of or in any way related to
the use of or inability to use the
Service, third-party software and/or
third-party hardware used with the
Service, or otherwise in connection
with any provision of this Terms), even
if the Company or any supplier has
been advised of the possibility of such
damages and even if the remedy fails
of its essential purpose.
Some states do not allow the exclusion
of implied warranties or limitation of
liability for incidental or consequential
damages, which means that some of
the above limitations may not apply. In
these states, each party's liability will
be limited to the greatest extent
permitted by law.
"AS IS" and "AS
The Service is provided to You "AS IS"
and "AS AVAILABLE" and with all
faults and defects without warranty of
any kind. To the maximum extent
permitted under applicable law, the
Company, on its own behalf and on
behalf of its Affiliates and its and their
respective licensors and service
providers, expressly disclaims all
warranties, whether express, implied,
statutory or otherwise, with respect to
the Service, including all implied
warranties of merchantability, fitness
for a particular purpose, title and noninfringement,
and warranties that may
arise out of course of dealing, course of
performance, usage or trade practice.
Without limitation to the foregoing, the
Company provides no warranty or
undertaking, and makes no
representation of any kind that the
Service will meet Your requirements,
achieve any intended results, be
compatible or work with any other
software, applications, systems or
services, operate without interruption,
meet any performance or reliability
standards or be error free or that any
errors or defects can or will be
Without limiting the foregoing, neither
the Company nor any of the company's
provider makes any representation or
warranty of any kind, express or
implied: (i) as to the operation or
availability of the Service, or the
information, content, and materials or
products included thereon; (ii) that the
Service will be uninterrupted or errorfree;
(iii) as to the accuracy, reliability,
or currency of any information or
content provided through the Service;
or (iv) that the Service, its servers, the
content, or e-mails sent from or on
behalf of the Company are free of
viruses, scripts, trojan horses, worms,
malware, timebombs or other harmful
Some jurisdictions do not allow the
exclusion of certain types of warranties
or limitations on applicable statutory
rights of a consumer, so some or all of
the above exclusions and limitations
may not apply to You. But in such a
case the exclusions and limitations set
forth in this section shall be applied to
the greatest extent enforceable under
applicable law.
Governing Law
The laws of the Country, excluding its
conflicts of law rules, shall govern this
Terms and Your use of the Service.
Your use of the Application may also
be subject to other local, state,
national, or international laws.
If You have any concern or dispute
about the Service, You agree to first try
to resolve the dispute informally by
contacting the Company.
For European
Union (EU) Users
If You are a European Union
consumer, you will benefit from any
mandatory provisions of the law of the
country in which you are resident in.
United States
Legal Compliance
You represent and warrant that (i) You
are not located in a country that is
subject to the United States
government embargo, or that has been
designated by the United States
government as a “terrorist supporting”
country, and (ii) You are not listed on
any United States government list of
prohibited or restricted parties.
Severability and
If any provision of these Terms is held
to be unenforceable or invalid, such
provision will be changed and
interpreted to accomplish the
objectives of such provision to the
greatest extent possible under
applicable law and the remaining
provisions will continue in full force and
Except as provided herein, the failure
to exercise a right or to require
performance of an obligation under this
Terms shall not effect a party's ability
to exercise such right or require such
performance at any time thereafter nor
shall be the waiver of a breach
constitute a waiver of any subsequent
These Terms and Conditions may have
been translated if We have made them
available to You on our Service.
You agree that the original English text
shall prevail in the case of a dispute.
Changes to These
Terms and
We reserve the right, at Our sole
discretion, to modify or replace these
Terms at any time. If a revision is
material We will make reasonable
efforts to provide at least 30 days'
notice prior to any new terms taking
effect. What constitutes a material
change will be determined at Our sole
By continuing to access or use Our
Service after those revisions become
effective, You agree to be bound by the
revised terms. If You do not agree to
the new terms, in whole or in part,
please stop using the website and the
Contact Us
If you have any questions about these
Terms and Conditions, You can contact
By email: [email protected]