Terms of service
THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED WITHIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ITS ARBITRATION PROVISION, OR ITS CLASS ACTION WAIVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
a. User Warranties
By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
b. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Company and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Company reserves all of rights not expressly granted through this Agreement.
Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
c. Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.
d. Ordering and Payment
Payment for all orders placed through the website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Company until Company accepts your invitation to deal by performance, specifically, by shipping the ordered goods. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in CAD Dollars and you acknowledge and agree that Company is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Company’s payment processor. You agree that you will not initiate any chargebacks to Company unless otherwise authorized by Company in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Company.
All purchases made through the Website are subject to Company’s Return and Shipping Policies, which are posted on the Website, are hereinafter incorporated by reference, and may be modified at any time and within Company’s sole and absolute discretion.
e. Product Availability and Pricing
While Company strives to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order. Similarly, though Company strives to display accurate pricing on the Website, from time to time pricing may be inaccurate or subject to change due to mistake or availability. If an item you order cannot be fulfilled completely, the Company may elect to ship a partial quantity with its available inventory.
f. Shipping
All shipments will be made consistent with Company’s Shipping Policy, which is hereinafter incorporated by reference and may be changed at any time and within Company’s sole and absolute discretion.
g. Returns
To return products, you must comply with Company’s Return Policy and Procedure, which is listed on the Website and may be changed at any time and within Company’s sole and absolute discretion. You may return any item, for any reason, at any time, up to 30 days from the delivery date. Company, at its discretion, will replace or refund damaged items. All returned items must be unused, in brand-new condition and returned in the original packaging. Upon accepting your return, Company may deduct a restocking fee of 20% of the returned item cost. Shipping and handling charges, along with customized and engraved items, are not refundable. Failure to comply with Company’s Return Policy and Procedure may result in the denial or reduction of your request for a return or refund.
h. Changed and Cancelled Orders
Should you wish to change or cancel an order, you must do so prior to the completion of processing the order. Any change or cancellation requests that occur after shipping will be processed as a return or refund and handled consistent with Company’s Return Policy and Procedure.
i. Taxes
You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your purchase of products through the Website, including, but not limited to, all sales and use taxes. You understand and agree that you may be responsible for the payment of use taxes depending on the taxing jurisdiction in which you live, typically, but not necessarily, when Company does not charge you sales tax. You are advised to review the tax laws applicable to your purchase of products through the Website and you warrant that you will pay all applicable taxes when due.
j. User Accounts
Company may provide you with the ability to create a user account, which may provide you with the ability to view messages, view order status, and see recently viewed and purchased items through the Website (hereinafter “User Account”).
You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. Company will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide Company with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to Company, you acknowledge and agree that Company may use your personal information to contact you.
Company reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.
a. User Warranties
By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
b. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Company and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Company reserves all of rights not expressly granted through this Agreement.
Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
c. Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.
d. Ordering and Payment
Payment for all orders placed through the website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Company until Company accepts your invitation to deal by performance, specifically, by shipping the ordered goods. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in CAD Dollars and you acknowledge and agree that Company is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Company’s payment processor. You agree that you will not initiate any chargebacks to Company unless otherwise authorized by Company in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Company.
All purchases made through the Website are subject to Company’s Return and Shipping Policies, which are posted on the Website, are hereinafter incorporated by reference, and may be modified at any time and within Company’s sole and absolute discretion.
e. Product Availability and Pricing
While Company strives to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order. Similarly, though Company strives to display accurate pricing on the Website, from time to time pricing may be inaccurate or subject to change due to mistake or availability. If an item you order cannot be fulfilled completely, the Company may elect to ship a partial quantity with its available inventory.
f. Shipping
All shipments will be made consistent with Company’s Shipping Policy, which is hereinafter incorporated by reference and may be changed at any time and within Company’s sole and absolute discretion.
g. Returns
To return products, you must comply with Company’s Return Policy and Procedure, which is listed on the Website and may be changed at any time and within Company’s sole and absolute discretion. You may return any item, for any reason, at any time, up to 30 days from the delivery date. Company, at its discretion, will replace or refund damaged items. All returned items must be unused, in brand-new condition and returned in the original packaging. Upon accepting your return, Company may deduct a restocking fee of 20% of the returned item cost. Shipping and handling charges, along with customized and engraved items, are not refundable. Failure to comply with Company’s Return Policy and Procedure may result in the denial or reduction of your request for a return or refund.
h. Changed and Cancelled Orders
Should you wish to change or cancel an order, you must do so prior to the completion of processing the order. Any change or cancellation requests that occur after shipping will be processed as a return or refund and handled consistent with Company’s Return Policy and Procedure.
i. Taxes
You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your purchase of products through the Website, including, but not limited to, all sales and use taxes. You understand and agree that you may be responsible for the payment of use taxes depending on the taxing jurisdiction in which you live, typically, but not necessarily, when Company does not charge you sales tax. You are advised to review the tax laws applicable to your purchase of products through the Website and you warrant that you will pay all applicable taxes when due.
j. User Accounts
Company may provide you with the ability to create a user account, which may provide you with the ability to view messages, view order status, and see recently viewed and purchased items through the Website (hereinafter “User Account”).
You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. Company will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide Company with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to Company, you acknowledge and agree that Company may use your personal information to contact you.
Company reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.