TERMS AND CONDITIONS OF PURCHASE

Last Updated: August 30, 2023

1. INTRODUCTION

LG Electronics Canada, Inc. ("LG" or "We") welcomes you, the end-user ("User" or "You") to our online store on the LG Canada website, www.lg.com/ca, (the “Store”). The Store is the property of LG.

These Terms and Conditions of Purchase ("Terms of Purchase") set forth information necessary for Users to browse and pay for products and services (collectively, "Product") on the Store.

These Terms of Purchase apply to any purchase of Product on the Store. BY CLICKING ANY “BUY” OR “ORDER” BUTTON OR OTHERWISE INITIATING A PURCHASE THROUGH THE STORE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF PURCHASE. IF YOU DO NOT AGREE TO THESE TERMS OF PURCHASE, DO NOT USE THE STORE TO MAKE ANY PURCHASE(S).

LG’s Terms of Use applies to the Store and Product and is made a part of these Terms of Purchase. In the event of any conflict between the Terms of Purchase and the Terms of Use, the Terms of Purchase will prevail. Please note that LG’s Privacy Policy applies to your use of the Store, Product, and information You provide while making a purchase. Please read the Terms of Use and Privacy Policy carefully.

2. PRICE AND PAYMENT

Price. The price of any Product is determined and set solely by LG. The prices published on the Store are subject to change at any time without notice and may not be available on other websites or at offline retailers. However, orders already submitted to LG will not be affected by such changes. All prices are subject to the stated delivery charges, as well as any applicable taxes, duties, fees, or levies. The amount that You actually pay will be determined by the sales price set by LG, the discount coupon applied to the Product (if any), the discount price through events (if any), shipping costs, and any applicable taxes, duties, fees, or levies, all of which are in Canadian Dollars, unless another currency is explicitly stated. Users will be notified by LG during the checkout process of any applicable discounts, shipping costs, and taxes, duties, fees, or levies that will affect the advertised price of Product. Upon such notification, User shall receive an opportunity to confirm or cancel the purchase.

Payment. Users may purchase Product using the available payment methods accepted by LG: Visa, MasterCard, Debit Card, or through our financing provider, Affirm Canada Holdings Ltd. (“Affirm”) (if available for Your purchase). All information You provide at the time of Your purchase must be valid, accurate and up-to-date.

Direct credit-card payments are provided via our third-party payment service provider. LG does not process or store Your credit card information. By submitting Your credit card information, You are sending Your basic, purchase, and financial information to our third-party payment service provider to process Your payment and (if elected) store Your information for future purchases. We encourage You to review our third-party payment service provider’s privacy policy and terms before use. Your credit card will be charged for an item when the shipment process for Your order has been initiated. LG will not be responsible for any failures of the third-party payment service provider to adequately protect Your information. Please be advised that We may change the third-party payment provider from time to time.

Payment plans are provided via Affirm for certain Product. If You opt to use Affirm as Your payment option, You will be redirected to Affirm’s site to make payments via their third-party service and Your purchase will be subject to the Affirm terms. We encourage You to review Affirm’s privacy policy and terms before using Affirm. You agree that LG will not be responsible for Your relationship with Affirm. You understand that LG assumes no liability for any services provided by Affirm, including any financing.

3. SHIPPING

We will use commercially reasonable efforts to deliver Product in a timely manner using the information that You provide with Your order. Unless otherwise indicated at the time of Your purchase, shipping and handling fees are included with Your order. We reserve the right to increase, decrease, add or eliminate shipping and handling fees from time to time prior to You placing Your order. Shipping and handling fees will be disclosed during the ordering process and prior to You completing Your purchase. Shipping dates and arrival times are only estimates and cannot be guaranteed.

We will deliver Product within Canada only. When placing an order, it is your responsibility to provide a valid shipping address. The provided address must be accurate, complete, and up to date. Delivery may not be available in remote areas or may be subject to additional shipping charges to such areas. If your address falls within this remote area category, You will be informed during the checkout process.

Major Appliance Delivery. Home appliance orders and TVs 55” and larger (“Major Appliances”) are delivered into your home by our delivery partner. Delivery will be scheduled during the checkout process. You will be contacted by the delivery partner to confirm or change delivery timing. If the delivery partner cannot reach You, delivery will be delayed or cancelled. If You need to reschedule Your delivery date, You must notify LG before the order leaves our warehouse. Although LG will attempt to accommodate your request, LG cannot guarantee that this will be possible in all cases. If you wish to move your delivery date by more than 7 days from the originally scheduled delivery date you will be charged a storage fee of $10 per day.

Delivery of all other Products. All other deliveries will be made as curbside drop-off.

Corrections to Shipping Address. If there are any changes required to correct a delivery address such as a spelling error or missing unit number, You must notify LG as soon as possible, and before your order is released to the delivery partner. You may not change the delivery address after placing an order. If an address change is required, the order must be canceled and a new order created.

Cancellations. You may request to cancel an order, provided that the Product has not yet been shipped. Once the Product has been shipped, the order cannot be cancelled and you must follow the return process outlined in Section 4 – Returns and Limited Warranty.

Missing or Damaged Product. Major Appliance Orders: If a portion of your order is missing, you must notify LG within 24 hours of your order showing as ‘Delivered’. Please have your order and tracking numbers ready when you contact us. For damage claims, if the Product arrives in damaged packaging, we recommend that You unbox the Product in the presence of the courier to check its contents. If the Product is damaged, please refuse delivery and have the driver note "damaged." If only a portion of your order arrives with damage, please refuse only the portion that is damaged. If damage to the Product is discovered after delivery, you must request a return through the Store within 48 hours of the delivery date. All Other Orders: You must notify LG of any missing or damaged Product within 24 hours of your order showing as ‘Delivered’.

4. RETURNS

Returns. You have 15 days from the Product delivery date to initiate a return. You can request a return through the “My Order” page, by phone at 1-888-542-2623, or through the online shopping web chat on the LG Canada website. The Product must be returned in like new condition. Product that is returned with missing accessories, or is damaged, scratched or dented will not be eligible for refund. No Product may be returned to LG without a pre-approved RMA Number. Any Product returned to LG without such pre-approved RMA Number will be shipped back to You at your expense. Once your return request is approved, for Major Appliance returns, we will arrange the pickup by the courier and you will be notified or contacted by the courier on behalf of LG regarding the pickup details. For all other Product returns, you will receive an email with the return label. Please attach this label to the box and send it back to us.

If you received a free gift with your purchase, it must be included with your return in order to receive your refund. If you choose to return one or more items included in a bundle offer, you will be charged the regular stand-alone price for each item you wish to keep, which may be higher than the bundled price, then refunded for the items you wish to return.

For Major Appliance returns, a restocking fee of 15% of the Product price will be deducted from the refund amount. Also, any shipping fees and installation fees incurred will not be refunded. For all other Product returns, the shipping cost to return the item to our warehouse will be deducted from the refund amount. The refund will be issued using the same payment method you used during the purchase process. It may take up to 2 weeks from the time we receive your returned Product to inspect it and process the refund. Returns for Products after fifteen (15) days will not be accepted unless otherwise required by law.

5. INDEMNIFICATION

To the maximum extent permitted by law, You agree to defend, indemnify and hold LG and its affiliates and its and their respective directors, officers, shareholders, principals, employees, contractors, assigns, licensors, licensees, successors in interest, and agents (the “LG Parties”) harmless from and against any and all demands, claims, losses, liabilities, damages, fees, expenses, and costs (including legal fees, court costs, settlement amounts, damage awards, disbursements, and expenses), made against LG by any third party or otherwise arising out of or in connection with Your breach of the Terms of Purchase or Your purchase or use of the Product, as the case may be.

You acknowledge and agree that the LG Parties are third party beneficiaries of the provisions in this Section 5, and that, the LG Parties will have the right to enforce this Section 5 against You as a third party beneficiary of this Section 5.

6. LIMITED WARRANTY AND DISCLAIMERS

THIS SECTION 6 DOES NOT APPLY TO QUEBEC CONSUMERS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS, SO THE PROVISIONS OF THIS SECTION 6 MAY BE LIMITED IN THEIR APPLICATION TO YOU. For further information about Your statutory rights, please contact Your local authority, trading standards department, consumer protection office or bureau, or equivalent.

Product purchased through the Store is covered under LG’s limited warranty. The terms and conditions of LG’s limited warranty for your Product can be consulted here: https://www.lg.com/ca_en/support/warranty.

EXCEPT AS MAY BE PROVIDED UNDER A LIMITED WARRANTY FOR NEWLY PURCHASED PRODUCT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE STORE AND PURCHASE OR USE OF ANY PRODUCT IS AT YOUR SOLE RISK AND THAT ACCESS TO THE STORE AND ANY PRODUCT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE STORE AND THE PRODUCT IS WITH YOU. ANY USE OF OR RELIANCE ON THE STORE AND ITS CONTENT, INCLUDING THE PRODUCT, SHALL BE AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LG AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARISING AT LAW OR IN EQUITY) WITH RESPECT TO THE STORE AND THE PRODUCT, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR THOSE ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LG MAKES NO WARRANTY THAT THE STORE OR THE PRODUCT WILL MEET YOUR NEEDS OR REQUIREMENTS OR THAT THE STORE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, BUGS OR VIRUSES OR THAT THE STORE WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT OR SOFTWARE OR THAT DEFECTS IN THE STORE WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY AND THERE IS NO CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STORE OR THE PRODUCT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE STORE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE STORE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY OR CONDITION. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

7. LIMITATION OF LIABILITY

THIS SECTION 7 DOES NOT APPLY TO QUEBEC CONSUMERS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PROVISIONS OF THIS SECTION 7 MAY BE LIMITED IN THEIR APPLICATION TO YOU. For further information about Your statutory rights, please contact Your local authority, trading standards department, consumer protection office or bureau, or equivalent.

UNDER NO CIRCUMSTANCES WILL LG OR THE LG PARTIES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF INFORMATION OR DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH (A) THE PURCHASE OR USE OF ANY PURCHASED PRODUCT; OR (B) THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION, HOWEVER ARISING, INCLUDING WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, EQUITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF LG KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LG'S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID BY YOU TO LG FOR THE APPLICABLE PRODUCT, AT LG'S SOLE OPTION.

You acknowledge and agree that the LG Parties are third party beneficiaries of the provisions in this Section 7 and that the LG Parties will have the right to enforce this Section 7 against You as a third party beneficiary of this Section 7.

8. DATA PROTECTION AND PRIVACY

When You place an order through the Store, You provide us with personal information. We will use your personal information to manage your order, deliver the Product and for other limited purposes. The collection and processing of personal information is detailed in and will be carried out in compliance with our Privacy Policy.

9. GOVERNING LAW

Unless You are a Quebec consumer, by accessing or using this Store or the Product, You agree that all matters relating to Your access to, or use of, this Store and the Product, including the interpretation of, construction of, and any disputes under these Terms of Purchase, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that You will comply with all such applicable laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to any matters relating to Your access to, or use of, this Store or to any Product sold or distributed through the Store, or to any aspect of Your relationship with LG. If You are a Quebec consumer, Quebec law applies.

10. JURISDICTION

Unless You are a Quebec consumer, any claim arising from, in connection with or relating to the Store or any Product, these Terms of Purchase, any transaction through the Store, or any related matters must be resolved before the courts of the Province of Ontario, Canada sitting in the City of Toronto, and You hereby irrevocably submit and attorn to the exclusive jurisdiction of those courts in respect of any such dispute. You and LG waive any objection to the forum of any such legal proceedings in Toronto, Ontario and You and LG agree not to plead or claim in such courts that any such action has been brought in an inconvenient forum. If You are a Quebec consumer, You may submit and attorn to the jurisdiction of the Courts of Quebec or Ontario, as You prefer.

11. MISCELLANEOUS

1. These Terms of Purchase (i) inure to the benefit of and will be binding upon LG and our successors and assigns and You and Your heirs, executors, administrators, and personal representatives, and (ii) may be assigned by LG (including LG’s rights and obligations under these Terms of Purchase) without Your consent, but You may not assign them without the prior express written consent of LG, which may be withheld in our sole discretion.

2. If any provision, whether in whole or in part, of these Terms of Purchase is, becomes, or is found to be unenforceable or invalid or inconsistent with applicable law, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Purchase and the remaining provisions will continue with the same effect as if such unenforceable or invalid provision, or such provision inconsistent with applicable law, had not been inserted herein.

3. You and LG are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Purchase or Your use of the Store or any Product.

4. By choosing not to enforce any term in these Terms of Purchase, We are not waiving our rights. No waiver of or consent to depart from the requirements of any provision of these Terms of Purchase shall be binding against LG unless it is in writing and is signed by LG. Any failure by LG to exercise or enforce, and any delay by LG in exercising or enforcing, any of our rights under these Terms of Purchase, in whole or in part, shall not constitute or be deemed a waiver or forfeiture of such rights, neither in the specific instance nor on a continuing basis. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.

5. Each reference in these Terms of Purchase to “include” or “including” shall be deemed (if not already expressly so) to be followed by the words “without limitation” and shall not be construed to limit any general statement which they follow to the specific or similar items or matters immediately following such reference.

6. The division of these Terms of Purchase into provisions, sections and items and the use of headings are for convenience or reference and shall not affect the interpretation of these Terms of Purchase.

7. These Terms of Purchase and any agreements and other documents referenced herein, including the Terms of Use, constitute the entire agreement between You and LG and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between You and LG about the Store or Product. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Purchase.

12. CHANGES TO TERMS OF PURCHASE

Your access to and use of the Store and Product will be governed by the Terms of Purchase as they exist at the time of such access and use and a new contract is formed in each instance based on the then current Terms of Purchase, which may be different from previous versions of these Terms of Purchase.

13. CHANGES, MISPRINTS AND ERRORS

Subject to applicable law, We: (a) reserve the right to change the Product advertised or offered for sale on the Store, the prices or specifications of such Product and any promotional offers at any time and from time to time without any notice or liability to You or any other person; (b) cannot guarantee that Product advertised or offered for sale on the Store will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate; and (e) reserve the right to cancel an order if there is not enough inventory of an item to complete your order (or if an item is no longer available). If we do not process an order for such reason(s), we will advise You that the order has been cancelled and will either not charge You or will apply a credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

14. CONTACTING LG

For questions regarding Your order, You may contact LG by calling 1-888-542-2623, through the online shopping web chat on the LG Canada website, or via mail to the following address:

Attention: Online Brand Store
LG Electronics Canada, Inc.
20 Norelco Drive
North York, Ontario, M9L 2X6

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