Terms of service
PRESENTATION
This website is operated by PERSONALIZED UNIFORMS INC. Throughout the site, the terms "we", "us" and "our" refer to BEANBAG MONTREAL. BEANBAG MONTREAL offers this website to you, the user, including all information, tools and services available from this site, provided that you agree to all terms, conditions, policies and notifications stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms of use ("Terms of Service", "Terms")., including the Additional Terms of Use and Policies referred to herein and/or hyperlinked. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Every tool or feature added to the current store is also subject to the Terms of Service. You may at any time review the most current version of the Terms of Service on this page. We reserve the right to update, amend or replace any part of these Terms of Service by posting updates and/or amendments on our website. It is your responsibility to periodically check if this page has been modified. Continued use of or access to the website after any changes have been posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1 - ONLINE STORE SERVICE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and that you have given us your consent to allow any minor under your care to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the course of using the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Under no circumstances may you transmit worms, viruses or destructive code.
Failure to comply with or any breach of any of the terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse the Service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a)transmissions over different networks; and (b)modifications to comply with and adapt to the technical requirements of networks or connection devices. Credit card information is always encrypted when transferring over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete or up to date. The content of this site is provided for general information only and should not be used as a sole basis for decision making without consulting primary, more accurate, more complete or more timely sources of information. Any use of the content on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on it. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We will not be liable to you or any third party for any modification, price change, suspension or interruption of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
These products may be available exclusively online, on the website www.BEANBAGMONTREAL.CA. These products may be available in limited quantities and may only be returned or exchanged in accordance with our refund policy: www.beanbagmontreal.ca/policies/refund-policy
We have made every effort to display as faithfully as possible the colors and images of our products that appear in store. We cannot guarantee that the display of colors on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any product or Service that we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any product or Service offered on this site is considered void where prohibited.
We do not warrant that the products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event of a modification or cancellation of an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders which in our sole judgment appear to be placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including but not limited to your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our refund policy: [LINK TO THE REFUND POLICY]
SECTION 7 – OPTIONAL TOOLS
We may give you access to third party tools that we do not control and over which we have no control.
You acknowledge and agree that we provide access to these tools "as-is" and "as-is" without any warranties, representations or conditions of any kind and without any endorsement. We cannot be held responsible for your use of optional third-party tools.Any use by you of the optional tools offered by the site is entirely at your own risk and you must ensure that you are aware of and approve of the conditions under which the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new Services and/or features through the website (including providing new tools and resources). Such new features and/or Services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Some content, products and Services available through our Service may include elements from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or Services.
We are not liable for any harm or damage in connection with the purchase or use of goods, Services, resources, content or any other transaction made in connection with third party websites. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in a transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g. contest entries) or, without us requesting it, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, postal mail or otherwise (collectively, '"commentaries"), you agree that we may, at any time and without restriction, modify, copy, publish, distribute, translate and use in any way, on any medium, the comments you send us. We have and will have no obligation (1)to maintain the confidentiality of comments, (2)to pay compensation for comments or (3)to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates a party’s intellectual property or these Terms of Service.
You acknowledge that your comments do not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments do not contain defamatory or otherwise illegal, abusive or obscene content, computer viruses or other malware that may in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else or mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The sending of personal information through the shop is governed by our privacy policy, which can be consulted here : [LINK TO THE PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, the transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice. (especially after submitting your order).
We are under no obligation to update, amend or clarify the information contained in the Service or on any related website, including but not limited to price information, except as required by law. No update or refresh date specified in the Service or on any related website shall be deemed to indicate that all information contained in the Service or on any related website has been modified or updated.
SECTION 12 -PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content: (a)for unlawful purposes; (b);to solicit others to perform or participate in unlawful acts; (c)"to violate any international, federal, provincial or state regulation, rule, law or local ordinance" (d)"to infringe upon or violate our intellectual property rights or the intellectual property rights of others" (e)"to harass, abuse, insult, hurt, defame, calumniate, denigrate, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f)to submit false or misleading disclosures; (g)to import or transmit viruses or any other type of malicious code that will be or may be used in a manner that will affect the functionality or operation of the Service or any related website, other websites or the Internet; (h);to collect or track personal information from autrui;; (i) for spam, phishing, pharm, pretext, spider, exploration, or scraping purposes (j) for obscene or immoral purposes ; or (k) for the purpose of interfering with or bypassing the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website in the event of a violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY
We do not warrant that the use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may withdraw the Service for indefinite periods of time or cancel it at any time, without notice to you.
You expressly agree that use of or inability to use the Service is at your own risk. The Service and all products and Services provided to you through the Service are (except as expressly stated by us) provided 'as available' for your use, without any representation, warranty or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement. In no event shall BEANBAG MONTREAL, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any other similar damages, whether based on a contract, tort (including without limitation, negligence), strict liability or otherwise, arising out of your use of the Service or any product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any error or omission in the content, or any loss or damage of whatever nature resulting from the use of the Service or any content (or product) displayed, transmitted or made available through the Service, even if we have been informed of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability will be limited to the fullest extent permitted by law.
SECTION 14 - COMPENSATION
You agree to indemnify, defend and hold harmless BEANBAG MONTREAL and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensors, service providers, suppliers, interns and employees, in the event of any claim or demand, including reasonable attorneys' fees, brought by a third party due to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party, or arising from this violation.
SECTION 15 - DIVISIBILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, this decision does not affect the validity and applicability of the other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we believe that you are, or suspect that you have breached, any of the terms or provisions of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements by which we provide you with the Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 -CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to check periodically if our website has been modified. Continued use of or access to our website or the Service after any modification to these Terms of Service constitutes acceptance of such modifications.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at info@beanbagmontreal.ca.
Our contact details are displayed below:
Personalized Uniforms Inc
BEANBAG MONTREAL IS A DIVISION OF PERSONALIZED UNIFORMS INC.
info@beanbagmontreal.ca
4603 Rue D'Iberville, 100, Montréal, QC, H2H 2L9, CA.
1888-527-0777
THE REGISTRATION NUMBER 1149852379
THE VAT NUMBER 855616645RT0001