Terms of service

Welcome to Carlbergs Gift Shop

TERMS OF SERVICE

SECTION 1 - ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE

This website is owned and operated by Visions West Holdings Ltd., carrying on business under the name Carlbergs Gift Shop (“We”, “Us” and “Our”), and includes all information, tools and services available from this website (the “Service”).  This website and the Service is provide to You (“You”, “Your”) under these Terms of Service and any operating rules or policies that may be published by Us (the “TOS”). Please read the TOS carefully before accessing this website or otherwise using the Service.  The TOS comprise the entire agreement between You and Us and supersedes all prior agreements between You and Us regarding the subject matter contained in the TOS.  BY ACCESSING ANY PART OF OUR WEBSITE OR OTHERWISE USING ANY OF THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.

If You do not agree to all of the TOS, then You may not access or use this website or the Service.

We may change and update the TOS or any part of them from time to time, at Our sole discretion, by posting the change and/or update to this website.  You can review the most current version of the TOS at any time on this page.  It is Your responsibility, and We encourage You, to check for changes and updates when You visit this website or otherwise use the Service.  YOUR CONTINUED ACCESS TO THE WEBSITE OR USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES OR UPDATES CONSTITUTES ACCEPTANCE OF THOSE CHANGES AND UPDATES.

Our store is hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Us to sell Our merchandise to You.

SECTION 2 - GENERAL CONDITIONS

The TOS apply to all visitors to this website and users of the Service, including without limitation visitors or users who are browsers, vendors, customers, merchants, and/or contributors of content. 

We reserve the right to refuse access to this website and the use of the Service to anyone for any reason at any time.

If You are under the minimum age to give consent or enter into a contract in Your state or province of residence, then You may not access this website or use the Service at any time in any manner.

You may not use the Service for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your state or province of residence (including but not limited to copyright laws).  You must not introduce into or through this website or the Service or otherwise transmit any worms or viruses or any code of a destructive nature.  You must not introduce into or through this website or the Service any information which, knowingly or unknowingly, may be harmful to others, including any error or defect in material or information which may be a libel, slander, defamation, or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil penalty on the part of any person or entity.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website, access to Our website, the Service, the use of  the Service, or any contact on this website through which the Service is provided, without express written permission by Us. 

The headings used in this TOS are included for convenience only and will not limit or otherwise affect these TOS.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

ANY RELIANCE ON THE INFORMATION ON THIS WEBSITE AND THE SERVICE IS AT YOUR OWN RISK.  The information on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  We are not responsible for any information made available on this website that is not accurate, complete or current.

We reserve the right to modify the contents of this website at any time, but We have no obligation to update any information on this website. You agree that it is Your responsibility to monitor changes to this website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Our merchandise are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of all or any part of the Service.

SECTION 5 - MERCHANDISE

Certain merchandise may be available exclusively online through this website and the Service.  The merchandise may have limited quantities and is subject to return or exchange only according to Our Return Policy.  We have made every effort to display as accurately as possible the colors and images of Our merchandise that appears at the store.  We cannot guarantee that Your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit or restrict the sales of Our merchandise to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit or restrict the quantities of any merchandise available for purchase generally or by You.  All descriptions of merchandise or merchandise prices are subject to change at anytime without notice, in Our sole discretion.  We reserve the right to discontinue any merchandise at any time. Any offer for any merchandise made on this website is void where prohibited. We do not warrant that the quality of any merchandise, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the information on this website will be corrected.

We reserve the right to refuse any order You place 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 that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole discretion, appear to be placed by dealers, resellers or distributors.

SECTION 6 - ACCURACY OF YOUR ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made using this website and the Service. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.  For more detail, please review Our Returns Policy.

You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.  For more detail, please review Our Privacy Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.  Any use by You of optional tools offered through this website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through this website and the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.

SECTION 8 - THIRD-PARTY LINKS.

Certain content, merchandise and services available via this website and the Service may include materials from third-parties.  Third-party links on this website 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 materials, goods, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party merchandise should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any 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 violates any party’s intellectual property or these TOS.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation or use of this website or the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

SECTION 10 - PERSONAL INFORMATION.

Your submission of personal information through the store is governed by Our Privacy Policy. For more detail, please review Our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS.

Occasionally there may be information on this website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to merchandise descriptions, pricing, promotions, offers, merchandise shipping charges, 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 this website and the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).  We undertake no obligation to update, amend or clarify information in this website or the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in this website or the Service or on any related website, should be taken to indicate that all information in this website or the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the TOS, You are prohibited from using this website, the Service, or the website’s content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website, the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of this website, the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK.  THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not guarantee, represent or warrant that Your use of the this website and the Service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of this website or the Service will be accurate or reliable.  You agree that from time to time We may remove this website and the Service (or any part thereof), for indefinite periods of time or cancel this website and the Service (or any part thereof), at any time, without notice to You.  This website and the Service and all merchandise purchased and delivered to You through the use of this website and the Service are (except as expressly stated by Us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  In no case shall We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of this website and the Service, or any merchandise procured using this website and the Service, or for any other claim related in any way to Your use of this website and the Service or any merchandise, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this website and the Service or any content (or merchandise) posted, transmitted, or otherwise made available via the use of this website and the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold Us and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, and each of them, harmless from any and all claims, demands, losses, liabilities, and damages (actual and consequential) of any kind or nature, known or unknown, including reasonable legal fees, arising out of or in connection with Your use of this website and/or the Services, including any breach by You of the TOS or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these TOS 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 TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the You and of Us incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These TOS are effective unless and until terminated by either You or Us. You may terminate these TOS at any time by notifying Us that You no longer wish to use this website and the Service, or when You cease using this website and the Service.  If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these TOS, We also may 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 accordingly may deny You access to this website and the Service (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of Us to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.  These TOS and any policies or operating rules posted by Us on this website or in respect to the Service constitutes the entire agreement and understanding between You and Us and govern Your use of this website and 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 TOS).Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These TOS and any separate agreements whereby We provide to You use of this website and the Service shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

SECTION 19 - CHANGES TO TOS

You can review the most current version of the TOS at any time at this page.  We reserve the right, at Our sole discretion, to update, change or replace any part of these TOS by posting updates and changes to this website. It is Your responsibility to check this website periodically for changes. Your continued use of or access to this website or the Service following the posting of any changes to these TOS constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the TOS should be sent to Us at info@carlbergsgiftshop.com.