Lowe's Terms of Use



Effective Date: [●] 2022


Welcome to the www.lowes.ca website (the “Site”). The Site is operated by Lowe’s Companies Canada, ULC inc. (“Lowe’s”).

Please carefully read these terms and conditions of use (“Terms of Use”), which govern your use of the Site. By using the Site, you unconditionally agree to be bound by the Terms of Use, as well as the following terms and conditions:


Your use of the Site constitutes your agreement to all of these terms and conditions as well as a contract to which you are bound. The Terms of Use also apply to telephone orders placed at a branch following any browsing of the Site. In the event of a conflict between the provisions of the aforementioned specific terms and conditions and these Terms of Use, the provisions of the specific documents will prevail.


By accepting the Terms of Use through your use of the Site, you certify that you have reached the age of majority in your province of residence. If you have not reached the age of majority, you may only use the Site under the supervision of your parent or legal guardian who has accepted the Terms of Use. If you are the parent or legal guardian, you agree to monitor and supervise the use of the Site by the minor and agree to be responsible for the use of the Site made by that minor, including any financial charges or liability incurred by the latter.


By accessing the Site, consulting it or making reservations or purchases, you agree to abide by the Terms of Use and not to make any use of the Site that does not comply with applicable laws or that could harm Lowe’s or its partners in any way.


1. PURPOSE

1.1  The Site provides users with information, online shopping experience and inspiration. It is mainly intended for individuals, while construction and renovation contractors are invited to visit our section dedicated to contractors.

2. YOUR USE OF THE SITE

2.1 By accessing and using the Site, you agree not to (the prohibited actions listed below are collectively referred to as “Code of Conduct”):


2.1.1 Restrict or block access to the Site to other users, in particular by hacking or altering any part of the Site;


2.1.2 Use the Site, or the content accessible on or from the Site, for illegal purposes;


2.1.3 Claim or imply that Lowe’s endorses a declaration made by you;


2.1.4 Submit data or information or otherwise transmit material through the Site which (i) is protected by copyright or trade secret or which is otherwise subject to proprietary rights or intellectual property rights of a third party, including rights relating to privacy and publicity, unless you are the rightful owner of those rights or the relevant third party has granted you permission to submit or transmit such data or information; (ii) is illegal, obscene, defamatory, threatening, fraudulent, abusive, pornographic, or encourages any conduct which would be considered a criminal offence, would give rise to your civil liability, would violate any law or be otherwise reprehensible or infringe intellectual property rights or other rights of Lowe’s or third parties; (iii) aims to harass, denigrate or intimidate any person or group of persons on the basis of age, disability, ethnicity, sex, race, religion or sexual orientation; or (iv) is unknown to the public about an enterprise or person without having obtained the express written permission of that enterprise or person;


2.1.5 Participate in sending unsolicited emails (spamming), phishing or other activities aimed at illegally collecting information;


2.1.6 Transmit any software or other material that contains harmful or malicious code, including viruses, worms, time bombs or other self-executing malware, Trojan horses and defects;


2.1.7 Modify, adapt, translate, sell, decompile, or disassemble any part of the Site or grant a sublicence thereto;


2.1.8 Remove copyright and trademark notices or other proprietary rights notices displayed on the Site;


2.1.9 Frame or reproduce any part of the Site, in particular, but without limiting the generality of the foregoing, names, texts, logos, trademarks as well as prices, without the prior written authorization of Lowe’s;


2.1.10 Use a robot, spider, crawler, spyware, site finder/extraction application or any other manual or automatic device or process to retrieve, index and browse data relating to the Site or its content or to reproduce or circumvent in any way the navigation structure or the presentation of the Site or its content;


2.1.11 Collect or collate information on users of the Site;


2.1.12 Do anything that would subject Lowe’s infrastructure to an unreasonable or relatively excessive load.


3. SUSPENSION AND TERMINATION OF ACCESS RIGHT

1.1  Lowe’s may, at its sole discretion, terminate or suspend access to the Site at any time without notice or other obligation or liability, for any reason whatsoever, and will assume no liability of any kind to you in this regard.


4. INFORMATION DISPLAYED ON THE SITE

4.1 The Site displays products and services offered for sale by Lowe’s and the prices displayed are in Canadian dollars. Although Lowe’s deploys its best efforts to do so, Lowe’s cannot guarantee the accuracy or reliability of the content, material, data and information published on the Site (collectively, the “Material”) including, without limitation, prices, product images, specifications, dimensions, availability and services. The information contained on the Site is based on the data available to Lowe’s when such information is posted on the Site. This information is provided for informational purposes only and Lowe’s cannot be held responsible to you or any person who relies on information on prices or products shown on the Site.


4.2 The availability of products and services may vary, and Lowe’s cannot guarantee the quantities available in stock. The products and services offered on the Site are the responsibility of the manufacturer and the service provider and are subject to the warranties offered by that manufacturer or service provider.


4.3 Lowe’s assumes no responsibility for any inaccuracy, error or omission contained in the advice, tips and projects shared on the Site or for any delay in their transmission or delivery. The information contained on the Site is the best that we have been able to obtain on all the topics covered. Lowe’s and its partners decline all responsibility for any damage that may result from work undertaken in accordance with the indications contained on the Site or resulting directly or indirectly from the use of the information contained on the Site. In all cases where erroneous information published on the Site comes from a third party, you understand and agree that you must address any complaint to this third party directly and not to Lowe’s.


4.4 Some of the Material may be owned by third parties, such as, without limitation, any product description, product image, technical specifications and design tools (collectively, the “Third-Party Material”). You agree that all of the terms and conditions set out in these Terms of Use relating to the Site will apply to your access and use of any Third-Party Material and you further agree to abide by all terms and conditions attached to the Third-Party Material, including those specified under these Terms of Use. Lowe’s declines all responsibility for Third Party Material.


4.5 Lowe’s may make available, directly on the Site or through links to other websites, certain applications or other digital tools (collectively, the “Design Tools”) that may be used by consumers namely to develop or design home improvement projects. These tools are intended for personal use only. The Design Tools may be operated by Lowe’s or by third parties. Design Tools operated by third parties may be subject to terms of service and/or terms of use specific to that third party.


4.6 Lowe’s is in no way responsible for the use you make of any Design Tool, and you acknowledge that it cannot be considered as constituting final plans, specifications, details or designs for your project. It is your responsibility to verify, independently of the Design Tool, the accuracy, suitability, exhaustiveness, safety and legal compliance of any project designed by or with the help of a Design Tool and, if necessary, to consult a partner of Lowe’s or any other qualified professional in order to obtain additional details. A Design Tool should only be used as a starting point for seeking professional advice on how to complete a project.


5. MODIFICATIONS, TYPOS AND ERRORS

5.1 Lowe’s reserves the right to modify the products and services advertised or offered for sale on the Site, the prices and specifications of these products or services, any promotional offer and all other documents on the Site, without notice and without incurring any liability with respect to anyone. Lowe’s cannot guarantee that the products and services advertised or offered for sale on the Site will be available at the time they are ordered or thereafter. Lowe’s reserves the right to limit the quantities sold or offered for sale. In the event of a pricing or display error for a product or service, the necessary corrections to the information available on the Site will be made by Lowe’s as soon as such error is brought to its attention.


5.2 Lowe’s reserves the right to cancel an online order (including an accepted order) at any time and without notice, in particular in the event of a price or display error, stock shortage or error regarding the product or service.


6. YOUR ORDERS

6.1 All billing and registration information you provide must be accurate, complete and correct. The transmission of inaccurate, incomplete or incorrect information constitutes a violation of the Terms of Use. By confirming your purchase at the end of the checkout process, you agree to pay for the items, products and/or services for which you have submitted an order.


6.2 Lowe’s reserves the right, at its sole discretion, to refuse service and terminate accounts if Lowe’s believes that your conduct violates any applicable law, the Terms of Use, the Privacy statement, other applicable Lowe’s policies, or that it is prejudicial to Lowe’s interests, or for any other reason.


6.3 Lowe’s reserves the right to limit the quantity of items purchased per person, per account, per household and per order, as determined in its sole discretion. These restrictions may be applied to the same account, the same credit card, and/or the same billing and/or shipping address. Restrictions may apply in particular in the context of promotions offered by Lowe’s https://www.lowes.ca/about/terms-and-conditions.


6.4 An acknowledgment of receipt of the order by email is automatically generated and receipt of such acknowledgment does not guarantee acceptance of an order.


6.5 All products and services purchased through the Site are subject to a shipping contract. Any risk of loss, breakage or damage to the products ordered is the responsibility of Lowe’s until Lowe’s remits them to the carrier. Title to these products is transferred to you upon receipt of the products or services purchased through the Site. 


7. CONTENT SUBMITTED BY THE USER

7.1 The use of the Site allows you to provide comments, reactions, critiques, texts and ideas, to send messages to Lowe’s and to other users of the Site, to post media, such as pictures and videos and to submit other forms of content (collectively, the “Content”) on the Site. You agree that the Content may be viewed by the general public, and you do not and will not consider such Content to be private, proprietary or confidential. You hereby grant to Lowe’s and its licensees and sublicensees, without any compensation of any kind, to you or to others, a worldwide, perpetual and irrevocable licence to copy, adapt, create derivative works, reproduce, incorporate, distribute, modify, publicly display and in any way use such Content in any format or media (the “Content Licence”). You cannot and will not be able to revoke such Content for any reason at any time. You agree that any Content you submit may appear on sites other than the Site through which you submitted such Content (for example, Content submitted to www.Lowe’s.ca may appear on www.Lowe’s.ca and/or on the website of an affiliated entity of Lowe’s). You hereby waive, release and agree not to assert any moral rights you may have in any Content that you have submitted to the Site. You agree that Lowe’s may use the submitted Content at its sole discretion in any manner Lowe’s deems appropriate or necessary. Lowe’s and its affiliates reserve the right to edit, modify, abbreviate or otherwise change, at their sole discretion, any Content that you or others submit to the Site.


7.2 You agree that you will not use false or misleading email addresses, that you will not impersonate any other person or entity, and that you will not mislead anyone in any way whatsoever as to the origin of any Content you submit, including, without limitation, comments and reactions you submit on the Site. You acknowledge that Lowe’s is not responsible for all or part of the Content that you submit to the Site.


7.3 By submitting any Content to the Site, you represent and warrant that you are the sole author and owner of the intellectual property rights relating thereto and that you have the right to allow Lowe’s and its licensees and sublicensees to use such Content in accordance with the terms of the Content Licence. You agree not to submit Content owned by anyone other than yourself on the Site. You agree not to submit any Content containing the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and granting the Content Licence to Lowe’s.


7.4 If you identify yourself by name in any Content you submit or if you submit Content containing an image or an audio or video recording of yourself, you authorize Lowe’s and its licensees and sublicensees, without compensation of any kind, to you or any other person, to reproduce, print, publish, translate, modify, edit and distribute, in any format or media currently or subsequently created, your name and these images and recordings in the manner Lowe’s deems appropriate, at its sole discretion, worldwide. This authorization is perpetual and cannot be revoked by you for any reason.


7.5 Lowe’s does not guarantee that the Content that you or others submit will be displayed on the Site or will become accessible to the public, and Lowe’s does not guarantee that the Content posted on the Site by other users will not be offensive or defamatory or otherwise objectionable. Lowe’s reserves the right to remove any Content from the Site without notice and at its sole discretion. However, you acknowledge and agree that Lowe’s has no obligation to you to control, monitor or remove the Content and Lowe’s makes no warranty as to the completeness, accuracy, integrity or quality of the Content submitted to the Site. 


8. LINKS TO OTHER WEBSITES

8.1 The Site contains links to websites displaying Lowe’s s banners, trademarks and brands so that you can learn more about the products and services offered by Lowe’s in Canada and have access to other information. All websites that are owned, operated or managed by Lowe’s are governed by the terms and conditions relating to those sites and not by these Terms of Use.


8.2 The Site also contains links to websites owned and operated by third parties. Those links are provided to you for your convenience only and unless otherwise indicated, their inclusion on the Site does not imply that Lowe’s approves the content of these websites or any association with their operators. Lowe’s makes no representation of any kind whatsoever about other websites you may access through the Site.


8.3 You agree that Lowe’s is in no way responsible for the availability or content of websites to which the Site is linked. Lowe’s makes no representation of any kind whatsoever concerning any other website that you may access through the Site.


8.4 Any concerns regarding the products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website.


8.5 We strongly recommend that you read the terms of service and/or terms of use of websites accessible through links and the practices associated with such websites. In addition, it is your responsibility to take the necessary precautions to ensure that the links you choose to use or the software you download (from the Site or other sites) do not contain elements such as viruses, worms, Trojan horses, defects, time bombs, self-executing malware or other harmful components. Any problem related to the products or services offered by a website to which the Site is linked or to the link itself should be brought to the attention of the operator of that specific website and not to the Site.


9. COPYRIGHT, TRADEMARKS AND PATENTS

9.1 All software elements, patents, trademarks and all material appearing or integrated into the Site, in particular, but without limiting the generality of the foregoing, texts, graphics, logos, icons, images, audio and video excerpts (hereinafter the “Lowe’s Intellectual Property”) are the property of Lowe’s, the members of its group and companies which are related to it or which are operated by the latter under licence or are the property of its suppliers of software and content and of its licensors. The Lowe’s Intellectual Property is protected under applicable intellectual property and copyright laws and regulations applicable in Canada and elsewhere in the world.


9.2 The result of the collection, arrangement and assembly of any material on the Site is the exclusive property of Lowe’s and is protected by applicable copyright laws.


9.3 Lowe’s authorizes you to consult and use the Lowe’s Intellectual Property made available to you on the Site only in the context of your use of the Site. Any other use including any reproduction, modification, distribution, transmission, republication, or display of the Lowe’s Intellectual Property on the Site is strictly prohibited. Lowe’s, its suppliers and licensors expressly reserve all intellectual property rights relating to all texts, products and technologies and the Content and to any other material appearing on the Site. Access to the Site does not grant, either to you or to anyone else, a licence relating to the Lowe’s Intellectual Property rights or that of third parties.


9.4 The Site may contain other notices of exclusive property and copyright, the conditions of which must be respected.


9.5 The names, trade names, logos, service marks, trademarks and distinctive representations (collectively, the “Trademarks”) appearing on the Site are registered or unregistered trademarks of Lowe’s or of third parties. Use of the Site does not grant you any licence or right to use any Trademark displayed on the Site. Lowe’s and its licensors require that any use of a Trademark via a link to or from a website be approved in writing in advance. Lowe’s and its licensors also require that any use of the Lowe’s logo, the Lowe’s name and other related Lowe’s marks, whether registered or not, for advertising or other purposes be approved in writing in advance.


10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 With the exception of damages resulting from the actions of Lowe’s or its representatives if you are a consumer residing in Quebec within the meaning of the Consumer Protection Act (Quebec), you assume full responsibility and all risks related to the use of the Site and of the Internet in general. The Site is provided “as is” and “as available” and without warranty or representation of any kind, express or implied, subject, however, that Lowe’s represents, to consumers residing in Quebec within the meaning of the Consumer Protection Act (Quebec), that the Site will be adapted to the use for which the Site is usually used. To the fullest extent permitted by applicable law and subject to the foregoing, Lowe’s and all of its officers, directors, employees, agents, and representatives disclaim and exclude all express or implied warranties, representations and conditions relating to the Site, including, without limitation, the implied warranties of title, absence of infringement, accuracy, merchantability and adaptability of the Site, as well as any warranty that may arise from a transaction, from the performance of a service or commercial use.


10.2 Lowe’s makes no representation and gives no warranty that the Material appearing on the Site can be used in a given territory or that it is available in a given territory.


10.3 To the extent provided by law, unless Lowe’s offers an additional warranty by which it agrees to assume additional obligations which you purchase, or unless expressly stipulated otherwise at the time of purchase, Lowe’s does not offer any warranty other than the legal warranty and the manufacturer’s warranty with respect to the Material and all the products and services offered on the Site. For greater certainty, Lowe’s assumes no liability under any additional warranty or protection administered and for which the obligations fall to third parties such as the Lowe’s Canada protection plans administered by Comerco services inc. For more details on this subject, you may consult the “protection plan” document available here https://www.lowes.ca/services/protection-plans  


10.4 Lowe’s and its licensors, suppliers, advertisers, sponsors, agents and representatives do not guarantee that your use of the Site will be uninterrupted, without errors or secure, that defects will be corrected, or that the Site or the servers on which the Site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all computers and other hardware necessary to access and use the Site, and that you are responsible for all associated costs. You assume all responsibility and risks associated with your use of the Site. No opinion, advice or statement by Lowe’s or the licensors, suppliers, advertisers, sponsors, agents, members or visitors of Lowe’s, whether mentioned on the Site or otherwise, will result in any kind of warranty.


10.5 With the exception of damages resulting from the actions of Lowe’s or its representatives if you are a consumer residing in Quebec within the meaning of the Consumer Protection Act (Quebec), you expressly acknowledge and agree that Lowe’s assumes no liability of any kind for: (1) any unauthorized access or use of servers on which the Site is hosted and/or on which any of your personal information and/or financial information is hosted; (2) any interruption or cessation of transmission to or from the Site; (3) any bugs, viruses, worms, Trojan horses, defects, time bombs or other items of a harmful nature which may be transmitted to or through the Site by any third party; and/or (4) any error, fault, inaccuracy or omission in any Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, emailed, transmitted or otherwise made available through the Site. Lowe’s does not guarantee, approve, endorse or assume responsibility for any hyperlinked site.


10.6 With the exception of damages resulting from the actions of Lowe’s or its representatives if you are a consumer residing in Quebec within the meaning of the Consumer Protection Act (Quebec), you agree that Lowe’s will not be liable for damages of any nature arising from your use of the Site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and those resulting from loss of use, data, profits or interruption of activity arising out of or related in any way to the use of the Site. This also includes delays in being able to use the Site, inability to use the Site, or any part of it, or any hyperlinked website, whether for tort, negligence, strict liability or otherwise, even if Lowe’s knew or had been informed of the possibility of such damages. This disclaimer is an essential part of these Terms of Use.


10.7 You will exercise good judgment and caution, as the case may be, when purchasing any product or service through any medium or any environment. Your use of the Site and any Material provided through the Site is entirely at your own risk.


10.8 THIS CLAUSE 10.8 DOES NOT HAVE THE EFFECT OF LIMITING THE RIGHT OF CONSUMERS RESIDING IN QUEBEC TO THE LEGAL WARRANTY OF THE CONSUMER PROTECTION ACT, IN PARTICULAR, TO THE EFFECT THAT IT WILL BE POSSIBLE TO USE GOODS IN THE WAY THEY ARE NORMALLY INTENDED TO BE USED AND FOR A REASONABLE DURATION. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, LOWE’S HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND IMPLIED, WITH RESPECT TO THE QUALITY, USE, ACCURACY, ADEQUACY, INTEGRALITY, SAFETY AND LEGAL COMPLIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR ANY PRODUCTS AND SERVICES POSTED THEREIN.


10.9 EXCEPT FOR DAMAGES RESULTING FROM THE ACTIONS OF LOWE’S OR ITS REPRESENTATIVES IF YOU ARE A CONSUMER RESIDING IN QUEBEC WITHIN THE MEANING OF THE CONSUMER PROTECTION ACT, YOU AGREE THAT LOWE’S WILL NOT BE LIABLE TO YOU FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR ANY PROJECT CARRIED OUT FOLLOWING YOUR USE OF THE SITE.


11. INDEMNIFICATION

11.1 You agree to indemnify, defend and hold harmless Lowe’s and its employees, agents, assigns, successors, contractors, vendors, suppliers, licensors, licensees and sublicensees against all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other charges arising directly or indirectly from the following: (1) your actual or alleged breach of these Terms of Use, including the Code of Conduct; (2) an allegation that any Content or other material that you have submitted or transmitted to the Site constitutes an infringement, misappropriation or other violation of copyrights, Trademarks, trade secrets or any other intellectual property right of a third party; and/or (3) your activities or omissions relating to the Site.

12. MISCELLANEOUS

12.1 Lowe’s may assign all or part of the Terms of Use without such assignment being considered as a modification of these Terms of Use and without informing you. You agree that Lowe’s will be released from all liability upon transfer. The assignee will have the same rights and obligations as the assignor.


12.2 Lowe’s reserves the right to modify or replace the Terms of Use. If Lowe’s wishes to modify or replace them at any time and without notifying you, Lowe’s will update the date thereof each time modifications are made to them and may also publish a notice on the Site or in the Terms of Use indicating that they have been modified. It is your responsibility to review the Terms of Use to ensure that you are aware of any changes that may have been made. If you use the Site after being informed that the Terms of Use have been modified or replaced, you will be deemed to have read and accepted the modified or superseded Terms of Use, which will constitute the Terms of Use, and you agree to be bound by them.


12.3 You agree that these Terms of Use and your use of the Site are governed by the applicable laws of the province of Quebec.


12.4 You agree that information relating to your use of the Site may be subject to legal proceedings. The information and data that you submit to Lowe’s through the Site may be subject to legal proceedings (e.g., a subpoena at the initiative of Lowe’s or a third party or a government entity) even though this information has been deleted and only exists as a backup copy. You acknowledge and understand that Lowe’s will comply with all applicable legal obligations by making such information accessible in the context of a legal process. You acknowledge and agree that Lowe’s may not be required to inform you of legal proceedings which could result in information relating to your use of the Site being presented as evidence, provided in the context of discovery or otherwise disclosed.


12.5 Lowe’s execution of these Terms of Use and any other policy contained on the Site is subject to the effective applicable laws and outstanding legal proceedings or which may subsequently become so. Nothing in these Terms of Use prevents Lowe’s from complying with requests or requirements of law enforcement authorities with respect to your use of the Site or information provided to or collected by Lowe’s in this regard.


12.6 You agree that neither the Terms of Use nor your use of the Site will create a joint venture, partnership, employment or principal relationship between you and Lowe’s.


12.7 All rights not expressly granted to you herein are reserved to Lowe’s, its licensors and other third parties.


12.8 The Terms of Use supersede all communications and proposals, whether verbal, written or electronic, between you and Lowe’s with respect to the Site.


12.9 The actual or alleged waiver by Lowe’s to exercise a right in the event of an actual or alleged breach on your part with regard to the Terms of Use will not be deemed to constitute a waiver of the exercise of a right in the event of a future breach.


12.10 A printed version of these Terms of Use and/or any notice given by Lowe’s in electronic form is admissible in the context of legal or administrative proceedings based on or relating to these Terms of Use or your use of the Site, to the same extent and subject to the same conditions as other documents or commercial files initially created and kept by Lowe’s in printed form.


12.11 If any part of these Terms of Use is held to be invalid or unenforceable under applicable law, you agree that such invalid or unenforceable provision will be replaced by a valid and enforceable provision which will most closely reflect the intent of the initial provision, and the remainder of these Terms of Use will continue to govern your use of the Site.


12.12 If you have any questions regarding these Terms of Use, we invite you to contact us at: https://www.lowes.ca/about/contact-us 


12.13 If you need to send a notice to LOWE’S or communicate with LOWE’S on this matter, please contact LOWE’S by clicking on the following link: https://www.lowes.ca/about/contact-us, or by sending your notice by hand delivery, courier or mail to LOWE’S at 220, chemin du Tremblay, Boucherville (QC)  J4B 8H7. Lowe’s may post notices or other communications addressed to you on the Site, and you agree that those will constitute notice to you whether or not you have actually accessed such notices or communications.