- 1. Our website uses geolocation to attempt to present a version of our website that is suitable to each Customer's location. We ask that you refrain from using any other version of our website, except to the extent that you may determine that our website has been unable to present you automatically with a version of our website that is suitable to your location. Canadian Customers should use the Canadian version of our website (our “Canadian Site”), American Customers should use the American version of our website (our “American Site”), and other Customers should use the version of our website offered for Customers located outside of Canada and the United States (our “Foreign Site”). As such, we make no representation as to the fact that our website or its contents may be used, or are appropriate for use outside the country of each individual Customer or any other jurisdiction. Our website is intended for use by Customers who have attained age of majority. If you are below the age that 13, you may not use our website, nor any of our services, as we do not wish to collect any personal information of children below the age of 13. If you are 13 or above but have not yet attained the age of majority, you may not use our website without a parent's or your guardian's supervision.
- 2. In the context of using our website, you may be invited to subscribe and/or create a user account. You are not required to create an account to purchase any merchandise through our website. If you do create an account, however, you will be responsible to maintain the confidentiality of your account credentials and agree to be responsible for the use of that account.
- 4. The availability of certain merchandise shown on our website may be limited and not all merchandise may be available for immediate delivery. Should an item of merchandise that you ordered not be available, we will contact you and determine with you whether you wish to maintain your order, or, alternatively, reimburse you if not.
- 5. All prices shown on the Canadian version of our website are in Canadian dollars (CAD), whereas prices shown on the American and Foreign versions of our website are in American dollars (USD). Prices shown on our website do not include applicable shipping and handling charges, as the case may be, nor applicable sales taxes, though such charges and taxes will be itemized on each order confirmation at checkout.
- 6. We will ship any merchandise ordered by Customers in accordance with particulars provided and selected by the Customer upon effecting each transaction, through a third party delivery services provider. You will become owner of any merchandise ordered through our website upon its delivery to you. The merchandise offered on our Canadian Site is available only in Canada, as our Canadian Site is intended for Canadian Customers only. The merchandise offered on our American Site is available only in the United States, as such our American Site is intended for American Customers only. We will not ship merchandise abroad through our Canadian Site nor our American Site. If you reside in another jurisdiction, you may not use our Canadian Site or our American Site, and should rather use our Foreign Site. Any purchase of merchandise through our website will be subject to our Return Policy, as posted from time to time on our website.
- 7. We do not warrant that any merchandise shown or listed on our website is available, nor that any description, price or content shown on our website is completely accurate and reliable, nor that it is necessarily error free. As such, we reserve the right to correct any errors or mistakes that we may find out on our website at any time, with or without prior notice to users, including to correct prices. The parties hereby disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods regarding the purchase of any merchandise through our website.
- 8. We reserve the right to monitor and control the use of our website and/or of the related services (including for security purposes), though we make no warranty that we will do so. If you elect to provide us with any content or communicate with us by email, you warrant that you own the rights to such content, which you allow us to reproduce, publish or make available online for others. You also acknowledge that unencrypted file transfer or emails sent over the Internet are subject to interception by third parties.
- 9. If you elect to communicate with us electronically, by providing or sending us information or content, you warrant and represent that such information or content will not be harmful to any third party, to our computer system, nor to any other user of our website. Under such circumstances, you also warrant that any information or statement that you make in the context of such communication is not libelous nor defamatory, or otherwise susceptible to giving rise to any civil liability or criminal prosecution.
- 12. EXCEPT AS OTHERWISE PROVIDED AND THESE TERMS AND CONDITIONS, ALL CONTENT AND SERVICES DISPLAYED OR OFFERED ON OUR WEB SITE ARE MADE AVAILABLE TO CUSTOMERS “AS IS” AND WITHOUT ANY SORT OF WARRANTY, WHETHER IMPLIED, STATUTORY, LEGAL OR CONVENTIONAL, ALL OF WHICH ARE HEREBY DISCLAIMED. WE MAKE NO REPRESENTATION OR WARRANTIES REGARDING THE CONTENTS OR FUNCTIONING OF OUR WEB SITE OR ANY CONTENT FOUND ON IT, THAT THEY ARE SUITABLE FOR YOUR NEEDS, THAT THEY ARE ERROR-FREE, NOR, FINALLY, THAT THEY ARE EXEMPT FROM ANY VIRAL OR HARMFUL COMPONENT OR THAT SUCH PROBLEMS WILL BE CORRECTED IF DISCOVERED FROM TIME TO TIME. WE ALSO DO NOT REPRESENT NOR WARRANT THAT WE WILL CORRECT ANY ERRORS OR MISTAKES ON OR IN OUR WEB SITE OR ITS CONTENT. THE EXCLUSIONS OF WARRANTIES EXPLAINED ABOVE MAY NOT APPLY TO YOU, DEPENDING ON YOUR PROVINCE OF RESIDENCE, DEPENDING ON ITS LEGAL REGIME.
- 13. You acknowledge in fact, in case a problem with our website or the related services, your only right and recourse will be to stop using our website and/or the related services at issue. You hereby waive any and all remedies, warranties, and liabilities related to our website or the related services. As such, we may not be held liable for any sort of damages whether they are direct or indirect, incidental, special or consequential, for any reason whatsoever relating to your use or your inability to use our website, its content or the related services. The foregoing limitation will apply to any basis of claim, whether it be based on any form of contractual or extra-contractual liability, or any other sort of liability. The limitation of liability explained above may not apply to you, depending on your province of residence, depending on its legal regime.
- 16. If we provide links as part of the content placed on our website, such links are provided to you for your convenience only, and you acknowledge that we are not responsible for the sites and content to which such links refer. As such, we may not be held liable for any site or content to which our website may have linked.
Last updated: APR-14-2014