These Terms of Service (the "Terms") govern your access to and use of the website located at cgemery.xyz, including the fishing and hunting product sections, the dealer locator, the warranty claim and application forms, and the password-protected dealer portal (together, the "Site"). The Site is operated by C.G. Emery International Limited ("C.G. Emery", "we", "us" or "our"), a Canadian distributor and wholesaler of fishing and hunting equipment, gear and supplies with offices at 165 Idema Road, Markham, Ontario L3R 1A9, Canada.
By accessing, browsing, registering for an account, submitting a form or placing an order through the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
C.G. Emery sells at wholesale to approved retailers and other business customers. The public areas of the Site are provided for product information and to help consumers locate an authorized dealer; they are not an offer to sell products to consumers, and no consumer prices, order placement or consumer sales are available through the Site. Consumers who wish to purchase products should contact an authorized dealer or one of the third-party retailers we link to.
Ordering and pricing functions are available only to approved dealers through the dealer portal, after an account application has been reviewed and accepted by us.
You may use the Site only if you are of the age of majority in your province or territory of residence and are able to form a binding contract. If you use the Site on behalf of a business, you represent that you are authorized to bind that business to these Terms, and "you" includes that business. The Site is directed to users in Canada; we make no representation that the Site or the products described on it are appropriate or available in other jurisdictions.
Invoices are payable in Canadian dollars according to the payment terms established for your account. Where credit terms have been extended, we may reduce, suspend or revoke those terms at any time and require payment in advance. Overdue balances may bear interest at the rate shown on your invoice or statement, and we may withhold shipments or suspend portal access while an account is past due. You remain responsible for reasonable costs of collection. Statements and purchase history made available in the dealer portal are provided for convenience; our books and records govern in the event of a discrepancy.
Shipping dates, lead times and delivery estimates are approximate and are not guaranteed. Unless otherwise agreed in writing, title and risk of loss pass to you when the products are delivered to the carrier. Claims for shortages, visible damage or non-conforming shipments must be reported to us within the period stated on the applicable invoice or packing slip, and in any case promptly after receipt.
Returns require our prior authorization. Products must be unused, in original packaging and returned within the period we specify at the time of authorization; restocking fees and freight charges may apply. Special-order, closeout, discontinued and clearance items are not returnable unless we agree otherwise in writing. Unauthorized returns may be refused or returned to you at your expense.
Product descriptions, specifications, dimensions, images and packaging shown on the Site are provided for general information and are largely supplied by manufacturers. Manufacturers change specifications and packaging without notice, and colours may appear differently on your screen. We do not warrant that product content on the Site is accurate, complete or current. Brand names, logos and trademarks of the manufacturers we distribute are the property of their respective owners and are used on the Site to identify their products.
Some products distributed by C.G. Emery are subject to federal, provincial, territorial and municipal laws, including age restrictions, licensing requirements, seasonal and species restrictions, permitted-use rules, and transport, storage and import/export controls. You are solely responsible for holding any licence or permit required for your business, for verifying the age and eligibility of the customers you resell to, and for complying with all laws that apply to the products you purchase, possess, resell or use. You may not export products purchased from us outside Canada without our prior written consent.
Products are covered, if at all, by the limited warranty offered by their manufacturer. C.G. Emery makes no separate warranty on manufacturers' products and, to the extent permitted by law, disclaims all warranties not expressly set out in these Terms or in a signed agreement with us. Manufacturer warranties typically exclude normal wear, misuse, accident, improper storage or maintenance, unauthorized repair or modification, and use other than as intended.
When you submit a warranty claim through the Site, you agree that the information, photographs and documents you provide are accurate and are yours to submit. We may request proof of purchase and additional information, may require the product to be returned for inspection, and will process the claim in accordance with the applicable manufacturer's warranty program. Submitting a claim does not guarantee that it will be approved.
Nothing in these Terms limits any non-waivable right or remedy that applies to a consumer under applicable consumer protection legislation.
The Site allows you to submit dealer applications, Pro Staff and Brand Ambassador applications, contact requests, reviews and other information. You agree that everything you submit is truthful, is not confidential (except for personal information, which we handle as described in our Privacy Policy), and does not create any obligation on our part. Reviewing an application does not obligate us to approve it, to open an account, to enter into any sponsorship or ambassador relationship, or to provide any compensation.
If you post a product review or other content on the Site ("User Content"), you grant C.G. Emery a non-exclusive, royalty-free, worldwide, perpetual and sublicensable licence to use, reproduce, adapt, translate, publish and display that User Content in connection with the Site and our marketing, in any media. You represent that you own or have the rights to the User Content you submit.
You must not post User Content that:
We do not pre-screen User Content but may moderate, edit, refuse to post or remove any User Content at any time and for any reason. User Content reflects the views of the person who submitted it, not of C.G. Emery.
You agree not to:
We monitor traffic for abuse and may block IP addresses, throttle requests, suspend accounts or refuse service to protect the Site and its users.
The Site and its content — including text, layout, graphics, photographs, video, product data, software and the C.G. Emery name and logo — are owned by C.G. Emery or its licensors and are protected by copyright, trademark and other laws. You may view, download and print Site content for the internal business purposes of your dealership, including reasonable use of product images and descriptions to market products you have purchased from us. Any other use — including reproduction, modification, distribution, framing or commercial exploitation — requires our prior written consent.
The Site links to third-party websites, including manufacturer sites and online retailers where consumers can buy products. We do not control those sites, do not endorse them and are not responsible for their content, products, pricing, availability, or privacy and security practices. Your dealings with third parties are solely between you and them.
By subscribing to our newsletter, applying for a dealer account or otherwise providing your contact information, you consent to receive commercial electronic messages from C.G. Emery, such as new product announcements, program information and promotions, in accordance with Canada's anti-spam legislation. You may unsubscribe at any time using the link in any message or by contacting info@cgemery.com. We will continue to send transactional messages relating to your account, orders and claims.
Personal information collected through the Site is handled in accordance with our Privacy Policy and applicable Canadian privacy legislation. The Site uses cookies and similar technologies for authentication, session management, security and analytics.
We may change, suspend, restrict or discontinue all or part of the Site, including the dealer portal and any feature, at any time and without notice. We do not warrant that the Site will be available without interruption or free of errors, and we may perform maintenance that makes the Site temporarily unavailable.
Except where prohibited by law, the Site and all content, information and services on it are provided "as is" and "as available", without warranty or condition of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that the Site will meet your requirements, that access will be uninterrupted, secure or error-free, or that defects will be corrected.
To the maximum extent permitted by law, C.G. Emery and its directors, officers, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost business or business interruption, arising out of or relating to the Site, the dealer portal, any products purchased from us, or these Terms, whether based in contract, tort (including negligence), strict liability or otherwise, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Site or these Terms will not exceed the greater of (a) the amount you paid to us for the products giving rise to the claim during the three (3) months before the event giving rise to liability, or (b) one hundred Canadian dollars (CAD $100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted, and nothing in these Terms excludes liability for fraud, or for death or personal injury caused by our negligence.
You agree to indemnify and hold harmless C.G. Emery and its directors, officers, employees and agents from any claim, demand, loss, liability, fine, penalty and expense (including reasonable legal fees) arising out of your use of the Site, your User Content, your resale, marketing or handling of products purchased from us, your failure to hold a required licence or permit, or your breach of these Terms or of any applicable law.
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural events, fire, flood, epidemic, labour disruption, carrier or supplier delay, shortage of materials, war, civil unrest, government action, failure of utilities, telecommunications or internet service, and cyberattack.
We may suspend or terminate your access to the Site or your dealer account at any time, with or without notice, if we believe you have breached these Terms, if your account is past due or inactive, or to protect the Site, our customers or our business. Sections that by their nature should survive termination — including sections 4 through 7, 12, 14, and 19 through 26 — survive.
We may update these Terms from time to time. The version posted on the Site is the version in effect, and the "Last updated" date at the top shows when it last changed. Your continued use of the Site after a change takes effect means you accept the revised Terms. Orders are governed by the Terms in effect when the order is accepted.
These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict of laws rules. You and C.G. Emery submit to the exclusive jurisdiction of the courts of the Province of Ontario, except that a consumer may bring proceedings in the courts of their own province or territory where applicable law gives them that right. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Questions about these Terms can be sent to:
C.G. Emery International Limited
165 Idema Road
Markham, Ontario L3R 1A9
Canada
info@cgemery.com
(905) 475-6700
Monday to Friday, 8:30 AM – 4:30 PM EST