CANADA - TERMS AND CONDITIONS OF SALE
Last Updated Date: 10/26/2026
ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions, together with any documents expressly incorporated therein by reference (collectively, “Terms and Conditions of Sale”) are entered into by and between you and New Era Cap Company(“New Era”, “we”, “us” or “our”) and govern your purchase of products and services offered on our through the website at www.neweracap.ca (“Site”).
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE YOU MAKE A PURCHASE ON THE SITE. PLEASE NOTE IF YOU ARE ON THE SITE FOR THE PURPOSE OF PURCHASING A PRODUCT OR SERVICES, YOUR PURCHASE WILL BE CONDITIONED UPON THE REQUIREMENT THAT YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS OF SALE, OUR REFUND POLICY FOUND AT HTTPS://NEWERACAP.CA/POLICIES/REFUND-POLICY, OUR RETURN POLICY FOUND AT HTTPS://NEWERACAP.CA/POLICIES/REFUND-POLICY, AND WHERE PERMITTED BY APPLICABLE LAW OUR PRIVACY POLICY, FOUND AT HTTPS://NEWERACAP.CA/POLICIES/PRIVACY-POLICY, EACH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, AND TO ALL APPLICABLE LAWS.
If you do not agree to these Terms and Conditions of Sale, you may not access or otherwise use the Site to make a purchase.
If you are ordering products or services and agree to these Terms and Conditions of Sale, you are representing and warranting that you are domiciled in Canada and you are at least the age of majority in your province/territory of residence.
1. TERMS OF SALE
To the extent there is a direct conflict between the Site’s Terms and Conditions found at https://neweracap.ca/policies/terms-of-service and these Terms and Conditions of Sale, these Terms and Conditions of Sale shall prevail. These Terms and Conditions of Sale constitute a separate contract between you and New Era for each purchase of a product or service, and any defect or deficiency in any one transaction shall not entitle you to cancel any transaction for the purchase of other product(s) or service(s), whether ordered at the same time or not.
You agree that your order is an offer to buy, under these Terms and Conditions for Sale, all products and services listed in your order, where permitted by applicable law. All orders must be accepted by us or we will not be obligated to sell the products or services to you, where permitted by applicable law. Prior to our processing and/or acceptance of an order, verification of information may be required. The receipt by you of an order confirmation does not constitute our acceptance of an order, where permitted by applicable law. We reserve the right at any time after receipt of your order to accept, modify, or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason, where permitted by applicable law. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. If we modify your order, we will attempt to give you prior notice of this and we will provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will notify you by contacting you via the contact information you provided at the time the order was made. It is your responsibility to ensure that your contact information is accurate. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including re-sellers.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error or other inaccuracy or omission, we shall have the right to correct any errors, inaccuracies, or omissions at any time and to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your payment card charged, subject to applicable law. If your payment card has already been charged for the purchase and your order is canceled by us, we shall promptly issue a credit to your payment card account in the amount of the incorrect price and you shall be required to return the product purchased to us at our expense, where permitted by applicable law. By placing an order with us, you are representing that you are an authorized user of the payment method provided. You agree to pay in full the prices for any purchases you make either by payment card (e.g., credit or debit card) concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your payment card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell for commercial purposes any products purchased through this Site.
Orders cannot be canceled or modified once they have been placed, except as otherwise required by applicable law.
See our return policy at https://neweracap.ca/policies/refund-policy (the “Return Policy”) and our refund policy at https://neweracap.ca/policies/refund-policy (the “Refund Policy”) for additional terms and conditions that are applicable and are to be followed for returns and refunds. The Return Policy describes, among other things, available exchanges, return drop-off and mail-back options, any applicable restocking fees, and the treatment of original shipping charges. New Era will only accept returns for products purchased directly through this Site. Products acquired from third-party sellers, including but not limited to authorized retailers, other e-commerce platforms, or physical retail locations (“third-party sources”), are expressly excluded from the scope of the Return Policy. Customers seeking to return products purchased from such third-party sources must direct all inquiries and requests to the original point of purchase and are subject to the return policies of that seller. Subject to applicable law, New Era disclaims any responsibility or liability for product returns purchased from such third-party sources.
2. PRICES
All prices displayed on the Site are quoted in Canadian dollars (CAD). We will add shipping and applicable taxes as necessary and these charges and taxes will be shown on the order confirmation page for each order, as applicable. You are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes, charges or other fees associated with the order which may be charged in your jurisdiction. Orders placed on the Site are shipped from within Canada to addresses in Canada, and no customs duties or brokerage fees will apply.
We reserve the right, where permitted by applicable law, without prior notice, to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you; however, any such changes will not apply to orders that have already been placed. Products displayed on the Site are available while supplies last.
The price displayed on the physical tag of the product may be different than the price listed on the Site, in which event, the price listed on the Site shall be the applicable price that is binding upon the customer. From time-to-time, we may provide additional value to customers by advertising a discount off a price shown through a strikethrough. The price shown in strikethrough is a former price of the product, but not always the immediately preceding price. If you have any questions about the prior pricing of a product, please contact us at questions@neweracap.com or use the Help button on the lower right corner of the website.
3. SHIPMENT AND DELIVERY
We may restrict delivery to addresses within Canada. Title and risk of loss pass to you upon the transfer of the products to the carrier, where permitted by applicable law. All delivery dates are estimates only. Subject to applicable law, we are not liable for any delays in shipments. We reserve the right to choose any and all procedures, packaging and common carrier to ship products; however, we generally ship products by mail and courier. We may not be able to ship to a post office box or to other certain addresses. We reserve the right to ship your order in multiple boxes or shipments. We will ship your order to the shipping address that you provide to us on checkout. We are not responsible for any errors you make in order contents, delivery address entry or if you are not available to receive the order. See Shipping Services and Rates at https://neweracap.ca/pages/services-rates for additional terms and conditions that apply to your orders.
This Section 4 is not applicable to Quebec consumers, to the extent that it is not permitted in Quebec. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS PROVIDED IN THE RETURN POLICY AND THE REFUND POLICY, NEW ERA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, OR ANY LINKED SITE, INCLUDING THE PRODUCTS, CONTENT, INFORMATION AND MATERIALS ON THE SITE OR LINKED SITE, OR THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT WWW.NEWERACAP.CA OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. IN ADDITION, TO THE FULLEST EXTEND PERMITTED BY LAW, NEW ERA HEREBY EXCLUDES ALL WARRANTIES RELATING TO THE QUALITY OF, AND/OR COMPLIANCE WITH THE DESCRIPTION ON THIS SITE, OF ANY PRODUCTS SOLD OR SUPPLIED VIA THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
This Section 5 is not applicable to Quebec consumers, to the extent that it is not permitted in Quebec. YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS FROM THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL NEW ERA OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS SUPPLIERS, SUCCESORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT NEW ERA’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
This Section 6 is not applicable to Quebec consumers, to the extent that it is not permitted in Quebec. To the fullest extent permissible by law, you agree to indemnify, defend, and hold harmless New Era and its subsidiaries, affiliates, and each of its and their officers, directors, members, managers, employees, agents, licensors, suppliers, successors and assigns from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions of Sale, any activity related to use or misuse of this Site (including placement or transmission of any message, content, information, software or other materials through the Site, or any negligent or wrongful conduct) by you or any other person accessing this Site using your computer or Internet account, and your use or misuse of the products or services available on the Site. New Era reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Era's defense of such claim.
7. FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions of Sale, for any failure or delay in our performance under these Terms and Conditions of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, acts of superior force, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. GOVERNING LAW
This provision is not applicable to Quebec consumers: The Terms and Conditions of Sale and the relationship between you and us shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms and Conditions shall be commenced and be heard in the appropriate court in the City of Toronto, in the Province of Ontario. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto in the Province of Ontario. If you are a Quebec consumer, these Terms and Conditions of Sale shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and any disputes arising from these Terms and Conditions of Sale shall be resolved in the courts located in the province of Quebec.
9. CONSENT REGARDING ELECTRONIC DOCUMENTS
By ordering products or services on the Site, you consent to the exchange of information and documents between you and New Era over the Internet or by e-mail, and you agree that these Terms and Conditions of Sale, together with any applicable order confirmation provided in electronic form shall be the equivalent of an original written paper agreement between you and New Era. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.
10. MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Sale is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Sale shall remain in full force and effect. These Terms and Conditions of Sale, together with all other agreements, policies, terms or conditions incorporated or referred to herein, and the New Era Site Terms and Conditions, found at https://neweracap.ca/policies/terms-of-service constitute the entire agreement between you and New Era with respect to the use of this Site for purchasing purposes and any transaction conducted on or from this Site, and its contents supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing by an authorized representative of New Era, or by New Era making such amendments or modifications pursuant to these Terms and Conditions of Sale.
11. CHANGES TO THESE TERMS
We may change the Terms and Conditions of Sale at any time at our discretion and without notice to you, by posting such changes on the Site. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You should review these Terms and Conditions of Sale before purchasing any product or services that are available through this Site. Your continued use of this Site to make a purchase after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
12. HOW YOU CAN CONTACT US
This Site is owned and operated by New Era Cap, LLC. If you have any questions or other comments about the Site or any of our services, please write to us at: legal.requests@neweracap.com.
13. LANGUAGE
By using the English version of the Site, you have required that these Terms and Conditions of Sale, and all related documents, be drafted in English, at your express wish. A French version of these Terms and Conditions of Sale have been provided to you. En utilisant la version anglaise du Site, vous avez requis que les présentes modalités d’utilisation, ainsi que tous les documents qui s’y rattachent, soient rédigés en anglais, selon votre volonté expresse. Une version française des modalités d’utilisation vous a été fournie.
