Terms and Conditions

Terms and Conditions

1. Scope and Definitions

1.1 In these Terms and Conditions “BSH” means BSH Home Appliances Limited and all its brands licensed in Canada, having its corporate offices at Mississauga, ON. “Customer” means you, the purchasing customer. “Product” means any Product available for purchase on the Bosch Appliances Online Store. “Channel” means the methods through which Customers can acquire Product, additional or replacement parts (“Parts”) and telephone and repair services (“Services”).

1.2 By purchasing Product via the Bosch Appliances Online Store, the Customer agrees with the terms and conditions applicable to this sale of Product, Parts and/or Services, henceforth referred to as the “Terms and Conditions”. In the event of a contradiction between the Terms and Conditions herein and any other terms and conditions applicable to the Product, including any information made available via hyperlink, the Terms and Conditions shall take precedence. The Terms and Conditions constitute the sales agreement (“Agreement”) entered into between BSH and Customer, irrespective of whether Customer accepts the Terms and Conditions by written acknowledgement, implication or acceptance of Products, Parts and/or Services hereunder. The Terms and Conditions shall form a part of any order placed by Customer (“Order”). Any term or condition on any Order or other document added by Customer shall be of no force or effect whatsoever. In particular, acceptance by BSH of an Order sent by Customer shall not be deemed an acceptance of any conflicting or additional terms and conditions contained thereon. BSH specifically rejects any different or additional terms and conditions proposed by Customer.

2. Orders

2.1 To be accepted by BSH, all Product Orders must be placed via this Bosch Home Appliances online store only. BSH DOES NOT ACCEPT ORDERS OR SHIP TO ANY LOCATION OUTSIDE CANADA. Products cannot be shipped to P.O. Box addresses. Please check your Order carefully, an incorrect shipping address may result in additional charges.

2.2 The billing address you provide must match the billing address that is on file with the financial institution that issued the credit card. If a credit card authorization fails, we reserve the right to cancel your Order without notifying you. BSH cannot resolve credit card problems with your financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing institution.

2.3 By placing an Order, Customer makes an offer to BSH to purchase the Products, Parts and/or Services. Any order shall be subject to acceptance by BSH and BSH may decline any Order in whole or in part, for any reason whatsoever in its sole discretion. If BSH accepts Customer’s Order, BSH will notify Customer of its acceptance with an Order Confirmation transmitted by any available and reasonable means. BSH reserves the right to cancel the acceptance of an order up to the time the Product is delivered to the customer’s location.

2.4 While BSH will make every effort to supply Customer with the Product(s), Part(s) and/or Services listed on the Order Confirmation, there may be occasions when BSH is unable to supply these Products, Parts and/or Services because, for example, (i) such Products, Parts or Services are no longer being manufactured or available, (ii) BSH is unable to source relevant components or (iii) there was a pricing error. In such circumstances BSH will contact Customer and may suggest alternative Products, Parts, or Services that Customer may wish to purchase (at the same or different price). In the event of a pricing error, BSH will communicate the correct price to Customer. If Customer does not accept BSH’s proposed substitution or the price modification, then BSH will cancel the Order and refund any monies that Customer may have paid to BSH with respect to the Product Order. Subject to clause 16.5, repayment of such monies will be the extent of BSH’s liability to Customer if BSH is unable to deliver Products, Parts and/or Services ordered by Customer. Once BSH has sent the Order Confirmation to Customer, Customer may not cancel the Order.

3. Delivery and Shipment

3.1 Subject to these Terms and Conditions, BSH will supply to Customer the Products, Parts and/or Services indicated on the Order Confirmation. BSH does not and will not install the Product(s) and/or Part(s), and has no responsibility or involvement regarding installation. The delivery company will deliver the Products or Parts directly to the Customer’s address listed on the Order.

3.2 Delivery dates which may be specified in the Order, the Order Confirmation, or in any other communication from BSH (whether oral or in writing) are estimates only.

3.3 BSH may make partial shipments of Customer Order, which will be separately invoiced and paid for when due. Any delay in the delivery of any shipment will not relieve Customer of its obligation to accept the remaining deliveries. BSH shall not be liable for any failure to ship complete Orders or for any shipment delay.

3.4 BSH will use commercially reasonable efforts to expedite your order and have it fulfilled as soon as possible. In most cases, depending on Product availability, orders received before 10:00 a.m. at the applicable BSH warehouse location will be processed the next business day. In any event, Product Orders are only fulfilled on an AS-AVAILABLE BASIS, AND BSH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES ON THE AVAILABLITY OF PRODUCTS. Method(s) of shipping shall be determined in BSH’s sole discretion. Parts are provided on a functionality basis only. Cosmetic features such as colors or surface textures may not match the product or model you have selected. The manufacturer’s warranty applies to accessories, whether manufactured by a third party or BSH.

3.5 BSH will not ship any Parts or Products, or provide any Services, to addresses in the Northwest Territories, Yukon or Nunavut.

4. Return of Shipped Products

4.1 Open and inspect your Product shipment immediately upon receipt.

4.2 Returns are allowed within 30 days of receipt of your Order. You may return your appliance subject to a 25% restocking fee. No returns allowed on BSH appliances after 30 days.

4.3 Customers are responsible for shipping the products back to the address provided by the fulfiller. We recommend using a trackable shipping method.

4.4 Return policy is for new items only in original packaging. Appliances that have been used or installed are not eligible for return.

4.5 To return Products damaged in shipment, you must contact BSH (see clause 15.2) to receive a Return Authorization (RA) Number with shipping instructions no later than five (5) days after receipt of the Order. Return your unused Product(s) in its original packaging to BSH with the RA Number written on the package. You will be assessed a twenty-five percent restocking fee for each returned item. Customer is responsible for the return freight charges. Credit will be issued approximately three (3) days after BSH has reviewed and approved the return (credit may not show up on your credit card statement for 2 billing cycles). BSH will not accept returns of a product that has been installed or used. If a returned produce is deemed to be used, customer will be charged the full purchase price of the product.

5. Risk and Title

5.1 Unless otherwise notified by BSH in writing, title to and the right to retake possession of the Product purchased from BSH shall remain with BSH until all sums owning to it by Customer with respect of the Product has been paid in full. BSH may, at Customer’s expense, retake possession of the Product for nonpayment. For that purpose only, Customer grants BSH, or any party representing or elected by BSH to act on its behalf, an irrevocable license to enter the premises where the Products then are, and, at BSH’s option in so doing, act in the name of Customer. So long as such title to and rights over Products remains with BSH, Customer shall keep the Products stored in such a manner which enables them to be identified as the Products.

5.2 Risk of loss or damage to all Product hereunder will pass to Customer upon BSH’s delivery of the Product to the carrier.

6. Acceptance

Unless otherwise agreed to in writing, all shipments (which for the purpose of this clause shall be deemed to include the contents of packaged Products as well as the packages themselves and the number of packages) shall be deemed correct and undamaged unless at the time of delivery Customer specifies on BSH’s copy of the delivery documentation the precise shortfall or error in delivery and inform BSH (See clause 15.2) of such shortfall or error in writing within five (5) business days after the original delivery date of the given shipment. Customer’s failure to inform BSH in this way shall constitute a waiver of any such claim. All communications with BSH must include the single Order Number provided in BSH’s Order Confirmation, and the exact nature of the discrepancy between the Order and shipment in number or type of Product shipped. For under-shipments, BSH shall, at its sole discretion, issue a replacement shipment or a credit to Customer’s account, if BSH has granted credit terms to Customer, within thirty (30) days of receipt of Customer’s written notice.

7. Price

7.1 Product prices do not include value added tax or other local taxes or duties (collectively “Taxes”). All Taxes, if any, due on account of purchases hereunder shall be paid by Customer and will be noted separately on the Order Confirmation and Invoice.

7.2 In the applicable territories/provinces Product Prices may include government eco-fees, recycling fees, and/or stewardship fees.

7.3 All prices, pictures, and descriptions on this website are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on this website. Price differences related to future or past prices in our store or any other store are not refundable.

8. Payment

8.1 All Orders shall be paid in full in the currency stated without deduction prior to shipment. Payment can be made via MasterCard or Visa.

All available means of payment are indicated on the web site during the checkout process.

9. Data Protection

9.1 By placing an Order, Customer agrees and understands that BSH may store, process and use data collected from Customer’s Order form or phone/fax/email communications for the purposes of processing the Order. BSH may also share such data globally within the BSH group of companies, and by placing an Order customer hereby consents to such data, which may include personal information, being transferred outside of Canada. All BSH companies shall protect Customer’s information in accordance with the BSH Customer Privacy Policy located at https://www.bosch-home.ca/privacy-policy.html

9.2 BSH works with various companies that assist BSH in providing Product, Parts and/or Services to Customer. Customer information may be shared with these partners in the interest of providing Customer the best service possible.

9.3 If Customer wishes to have access to the information that BSH holds concerning Customer, or wants to make any changes, or does not want to receive information from BSH or third party companies, Customer is required to contact BSH at data-protection-ca@bshg.com.

10. Proprietary Rights

Customer shall not use BSH’s, or any of its brands (Bosch, Thermador, Gaggenau and Siemens) name, logo, trademarks, trade names, trade dress, design, look and feel or other proprietary rights (together “Proprietary Rights”) in any manner whatsoever or for any purpose without the prior written permission of BSH. Customer must not remove, obfuscate, deface, cover or alter any BSH mark or other mark nor add any BSH mark or other mark to any materials provided by BSH, nor to any Product or its packaging. Neither Customer nor its agents may register or use any trademark that may cause confusion with BSH Proprietary Rights.

11. Copyrights

© Copyright BSH Home Appliances Limited, Mississauga, ON Canada. All rights reserved. The text, images, graphics, sound files, animation files, video files, and their arrangement on BSH websites are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified.

12. Export Control

BSH does not allow any of the Products to be purchased for export outside of Canada.

13. Warning! – Safety Concerns

In no event should you perform any technical work, replace parts on your BSH appliance, or perform “self fixing”; you should only use an authorized service provider to work on your BSH Product, including the replacement of any part(s). BSH appliances are sophisticated products that require extensive technical training and expertise before one can safely and effectively work on them. Internal components may be sharp, cause shock, or may otherwise be hazardous to an untrained individual. Call the respective brand customer service number (refer to section 15) if you need a referral to an authorized service provider. Work performed on the Product by yourself may void the manufacturer’s warranty.

14. Warranty

See the following links for general warranty coverage information. Please see the Statement of Limited Warranty contained in the Products’ Use & Care Guide for detailed warranty information on each Product.

14.1 Bosch Appliances Warranty information: https://www.bosch-home.ca/en/service/cleaners-and-accessories/warranty-information

15. Contact information for Bosch Appliances Online Store Sales (available in English and French)

15.1 Order status, availability and pricing: mbx-mis-ca-d2c-sales@bshg.com or 1-800-554-9043

15.2 Customer Support, Parts, Installation Information, and Product Service: 1-800-944-2904 or Bosch-Canada-Customer-Support@bshg.com

16. Limitation of Liability

16.1 These Terms and Conditions set out the full extent of BSH’s obligations and liabilities with respect to the supply of the Products and the performance of any Services (including telephone and warranty support).

16.2 There are no warranties, conditions or other terms that are binding on BSH except as expressly stated in these Terms and Conditions.

16.3 The maximum aggregate liability of BSH on all claims of any kind under or related to this Agreement, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO BSH FOR THE PRODUCT OR SERVICE IN QUESTION. IN NO EVENT SHALL ANY RECOVERY, WHETHER BASED ON A SINGLE CLAIM OR MULTIPLE CLAIMS, EXCEED TEN THOUSAND DOLLARS (CAD $10,000).

16.4 IN NO EVENT WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL BSH BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTIAL, OR INDIRECT DAMAGES (INCLUDING LOST BUSINESS PROFITS OR REVEUE, LOSS OF CONTRACT, INTERRUPTION IN USE, OR THE COST OF THE PROCUREMENT OF SUBSTITUTE GOODS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES. TO THE EXTENT ALLOWED BY LAW, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM AGAINST BSH UNDER OR RELATED TO THIS AGREEMENT. Customer waives and relinquishes any right or claim that might arise out of BSH’s refusal to accept Customer’s Order.

16.5 Any warranty, condition or other terms concerning the Product or Services which might otherwise be implied into or incorporated into this Agreement by statute, common law, laws applicable in the province where Customer purchased the Product, Parts or Services or otherwise (including without limitation any implied warranty as to quality, fitness for a particular purpose, or merchantability) are hereby expressly excluded to the maximum extent permitted by law.

17. Product Specifications

It is Customer’s responsibility to have and provide accurate information on your Product and to determine the proper merchandise you may need or desire to order. At a minimum, you will need the Product’s model number and brand name. The database you have entered is a global database, and exact specifications and product information are critical in order for BSH to properly assist you.

18. Governing Law / Jurisdiction

18.1 This Agreement shall in all respects be governed by and interpreted under the laws of the Province of Ontario and the parties submit to the exclusive jurisdiction of the courts of the Province of Ontario without giving effect to its conflicts of law principles, including without limitation its validity, interpretation, construction, performance, enforcement and all other matters arising out of or in relation hereto, and all the transactions it contemplates. Notwithstanding the foregoing, BSH reserves the right to institute proceedings against Customer in the courts having jurisdiction in the place where Customer resides or in any jurisdiction where any harm to BSH has occurred.

19. General Terms

19.1 Force Majeure – Other than for the requirement to make payment when due, neither party shall be liable for any delay or failure to meet its obligations under this Agreement due to unforeseen circumstances or to causes beyond such party’s control. In the event of any such delay, performance of the affected obligation shall be suspended for a period of time equal to the time of such delay save that in the event that the delay continues for more than two (2) months, BSH may elect to terminate this Agreement with immediate effect without incurring any liability.

19.2 No Waiver – The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind.

19.3 Severability – If any of the provisions, either in part or in full, of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and this Agreement will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect of the parties with respect to the unenforceable provision and the remaining portions of this Agreement shall remain in full force and effect.

19.4 No assignment – Customer may not assign this Agreement nor any Order related thereto. Customer may not delegate its duties or obligations under the Agreement to any other party without BSH’s prior written consent, which shall not be unreasonably withheld. BSH may assign the Agreement without Customer’s consent provided that such assignment is to an affiliated company forming part of the BSH group of companies.

19.5 Modification – No modification to this Agreement shall be binding unless in writing and signed by an authorized representative of each party.