Sales and Return Policy

 

In addition to the Website Terms of Use which govern your use of this website, www.cowaymega.ca (the “Site”), this Sales and Return Policy (this “Policy”) governs any order or purchase you (the individual completing this order, “you”) make on the Site operated by Coway USA Inc. (“Coway”) for a new Coway device (“Product”).  By proceeding to place an order and accepting this Policy, you agree to be bound by this Policy whether or not you have read this Policy.  If you do not agree to this Policy, proceed to cancel your order now. Please print a copy of this Policy for your records.

YOU HAVE CERTAIN CANCELLATION RIGHTS UNDER APPLICABLE LAWS AS WELL AS IN SECTION 13 OF THIS SALES AND RETURN POLICY.

1. Ordering Process. All advertisements on the Site are invitations to purchase and not offers to sell. Coway reserves the right, at its sole discretion, to accept or reject any order, and to limit order quantity, once the order form has been completed and submitted. Coway may also require additional qualifying information prior to accepting or processing any order.
   Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by Coway but does not constitute acceptance of your order.  Coway reserves the right at any time after receiving your order to accept or decline your order for any reason and Coway will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Coway rejects the order, Coway will have no obligation to fulfill your order and you will have no obligation to pay Coway for the order. If Coway cancels an order after you have already been billed, Coway will refund the billed amount.

2. Consumers Only. Coway sells and ships Products to end-user customers only, and Coway reserves the right to refuse or cancel your order if Coway suspects you are purchasing Products for resale.
3. Availability. The purchase of Products on the Site is subject to availability. Given the popularity and/or supply constraints of some of our Products, Coway may have to limit the number of Products available for purchase. Coway reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when Coway confirms your order but subsequently learns that it cannot supply the ordered product. In the event Coway cannot supply a product you ordered, Coway will cancel the order and refund your purchase price in full.
4. Price.
1. You agree to pay Coway the amount set out as the “Total” in your order summary as part of the “Payment” step (the “Fee”). The Fee is quoted in Canadian dollars and includes shipping and handling and all applicable taxes.
   
   
2. Should Coway reduce its price on any Product on the Site within 14 calendar days from the date you receive your Product, feel free to contact Coway at 1-800-285-0982 or via email addressed to info@cowaymega.com to request a refund or credit of the difference between the price you were charged for the Product and the current selling price of the Product on the Site. To receive the refund or credit you must contact Coway within 14 calendar days of the price change on the Site.
5. Method of Payment. When placing an order, your billing address must correspond to the address of your credit card, otherwise Coway will not be able to process your order. On the Site you may pay for your purchase using VISA, MasterCard American Express, Discover Card and you authorize Coway to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Coway will have no obligation to fulfill your order. If you are paying for your order with an international Visa, MasterCard, or American Express credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees. In addition to credit card, you can use Amazon Pay, Apple Pay, Google Pay, Affirm, Meta Pay and Shop Pay to pay for your purchase.
6. Shipment.
1. Products purchased online from Coway will only be shipped to addresses within Canada and are subject to Canadian and foreign export control laws and regulations. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with these export laws and regulations.
   
   
2. Since the actual delivery of your order can be impacted by many events beyond Coway’s control, once it leaves Coway’s or its agents’ facilities, Coway cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.
   
   
3. Coway is not responsible for any loss of the Products following shipment from Coway or its agents’ facilities to your delivery address.

7. Returns and Refunds. If you are unsatisfied with your purchase of a Product, you have 30 days from the shipped date (or 90 days, in the event that the Product you purchased is a Bidetmega 150, Bidetmega 200 or Bidetmega 400) to notify Coway and request a refund of the price of the Product. To qualify for a refund from Coway, you must meet all of the terms and conditions set out below in this section. If you purchased the Product from an authorized reseller, you must request a refund directly from the reseller. Returns to resellers are subject to the reseller’s return policy, which may differ from Coway’s Policy.
   1. To qualify for a refund, all of the following conditions must be met:
      1. A Return Merchandise Authorization (“RMA”) must be requested from Coway’s customer service team within 30 days (or 90 days, in the event that the Product you purchased is a Bidetmega 150, Bidetmega 200 or Bidetmega 400) from the shipped date. To request an RMA, you must contact our customer service team via our telephone at 1-800-285-0982 or via email addressed to info@cowaymega.com.
      2. Coway must receive the returned Product within 30 days after an RMA has been approved. Returns received after 30 days or more after the RMA approved date may be refused, at Coway’s sole discretion, and returned at sender’s expense.
      3. Any accessories originally included with the Product you purchased must be included with your return.
      4. Coway may require that you furnish proof of purchase details and video footage of the Product to obtain an RMA.
      5. Returned Product(s) must be in good physical condition (not physically broken or damaged), in either its original packaging or packaging providing an equal degree of protection. Please ensure that any previous shipping labels or other markings have been removed or covered completely.
      6. All shipping, handling, and processing costs on refunds are your responsibility, unless the return qualifies under Coway’s warranty policy (for more information, please check your warranty policy in the user manual).
      7. To ensure successful delivery, returns must be shipped by verifiable tracking number (UPS, Canada Post, FedEx) and that tracking number must be provided to Coway’s customer service team (in accordance with the contact information set out above) when shipping the returned Product.
   2. You shall assume all risk of loss or damage to the Product while in transit to Coway. If you return a Product to Coway without all of the accessories and parts that were included in the original package, Coway retains the right to either (1) refuse delivery of such return or (2) deduct from the refund paid to you a restocking fee equal to the higher of (i) 15% of the original price of the Product or (ii) the retail value of the missing parts.
   3. Refunds will be reimbursed in the original form of purchase. Please allow 4-8 weeks for return processing.

8. Privacy. Coway’s personal information practices on the Site are governed by Coway’s Privacy Policy. Please review this privacy policy and print a copy for your records.
9. Changes to Sales and Return Policy. Coway may at any time modify this Policy by providing you notice, via e-mail or mail, to the e-mail or billing address associated with your account, all in accordance with applicable laws.
10. Indemnification. You will fully compensate Coway and its directors, officers, employees, affiliates, mandataries, contractors, licensors and agents (that is, you will indemnify and defend Coway and them, and hold Coway and them harmless) for any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses, including reasonable legal fees, arising from your use of the Products or your breach or violation of any applicable law or this Policy.
    Coway may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with Coway’s defense of such claim.

11. Disclaimer EXCEPT FOR THE WARRANTY POLICY AS INCLUDED IN THE USER MANUAL THAT COMES WITH THE PRODUCT, THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR WHETHER WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT ARE SPEFICALLY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    
    Using the internet may expose you to certain risks. Coway is not responsible for any viruses that may infect your computer equipment or other property on account of your access to, use of the Products or from downloading any materials, data, text, images, video, or audio from the Products. Any material accessed, downloaded, or otherwise obtained through the use of the Products is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
    
    THE FOREGOING EXCLUSIONS OF EXPRESS, IMPLIED OR STATUORY REPRESENTATIONS, CONDITIONS AND WARRANTIES MAY NOT APPLY TO THE EXTENT PROHIBITED BY PROVINCIAL OR FEDERAL LAWS.  TO THE EXTENT COWAY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

12. Limitation of Liability. DOES NOT APPLY IF YOU RESIDE IN QUEBEC. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL COWAY NOR ITS AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS POLICY OR ANY FUNDAMENTAL BREACH OF THIS POLICY.
    
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, COWAY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO COWAY HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.
    
    TO THE EXTENT COWAY MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF COWAY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

13. Cancellation Laws. Certain Canadian jurisdictions may provide you specific cancellation rights; Coway will respect all such applicable laws.
14. Applicable Law. This Policy will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence requires that the laws of such province to govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Coway or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.
15. Arbitration. DOES NOT APPLY IF YOU RESIDE IN QUEBEC. You and Coway agree that any dispute, claim or controversy arising out of or relating to the Product(s) or this Policy or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by binding and final arbitration, instead of through court proceedings, before one neutral arbitrator. The seat of the arbitration shall be Toronto, Canada. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including [the Expedited Procedures and] the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The venue of the arbitration shall be in Toronto, Ontario.  The language of the arbitration will be English. The arbitrator’s decision shall be controlled by this Policy and any of the other agreements governing your use of the Product(s). The arbitrator shall not have the power to award punitive damages against any party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
16. General. Except for the Website Terms of Use which govern your use of the Site, this Policy constitutes the entire agreement between you and Coway with respect to any purchase made by you on the Site and supersedes all previous agreements, understandings and representations relating thereto. No failure by Coway to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy.  If any provision of this Policy or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Policy, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Coway will not be liable for any delay or failure to perform any of its obligations under this Policy if such delay or failure is due to causes beyond its control. You may not assign this Policy to any third party without the prior written consent of Coway.  This Policy will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Coway and its successors and assigns.  In the event of an inconsistency between the Website Terms of Use and this Policy, the wording in this Policy will prevail.  You acknowledge and agree that you have been provided with a copy of this Policy and ancillary documents in French prior to, or simultaneously, with this Policy and have elected to be bound by this Policy and ancillary documents in English. Vous reconnaissez et convenez que vous avez reçu une copie de cette politique et des documents y afférant en français avant ou en même temps que cette politique et avez choisi d’accepter et d'être lié par cette politique et les documents y afférant en anglais.

You may contact Coway at: info@cowaymega.com and at 1-800-285-0982.