Terms of service
This website is operated by brimballeOn this site, the terms "we", "us" and "our" refer to brimbalebrimballe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices 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 and conditions ("Terms of Service", "Terms "), including those additional terms and conditions and policies referenced herein and/or available by hyperlinkThese Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors
Any new features or tools added to the current store will also be subject to the Terms of ServiceYou can review the most recent version of the Terms of Service at any time on this page.We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.It is your responsibility to periodically check this page for changes.Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify IncThey provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE 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 you have given us your consent to allow any of your minor dependents to use this site
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws)
You must not transmit any worms, viruses or code of a destructive nature
A breach or breach of any of the Terms will result in immediate termination of your Services
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to refuse 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 various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devicesCredit card information is always encrypted during transfer 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 from us
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or currentThe material on this site 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.Any reliance on the material on this site is at your own risk.
This site may contain certain historical informationHistorical information, necessarily, is not current and is provided for your reference only.We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.You agree that it is your responsibility to monitor changes to our site
ARTICLE 4 - SERVICE AND PRICE CHANGES
The prices of our products 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 the Service
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the WebsiteThese products or services may have limited quantities and may be returned or exchanged only in accordance with our refund policy:
We have made every effort to display as accurately as possible the colors and images of our products that appear in storeWe cannot guarantee that any color's display on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdictionWe may exercise this right on a case-by-case basisWe reserve the right to limit the quantities of any product or service we offerAll product descriptions or product prices are subject to change at any time without notice, at our sole discretion.We reserve the right to discontinue any product at any timeAny offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material 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 you place with usWe 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, same credit card and/or orders using the same billing and/or shipping address.In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time of ordering.We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors
You agree to provide current, complete and accurate purchase and account information for all purchases made at our storeYou agree to promptly update your account and other information, including your email address, 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:
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools on which we do not monitor or have any control or 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 endorsementWe disclaim all liability arising out of or relating to your use of optional third-party tools
Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party provider(s)
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties
Third party links on this site may direct you to third party websites that are not affiliated with usWe are not responsible for examining or evaluating the content or accuracy and we do not warrant or assume any liability for any third-party materials or websites, or for any other materials, products or services of third
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websitesPlease read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction.Complaints, claims, concerns or questions regarding Third Party Products should be directed to the Third Party
SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
Whether at our request you send certain specific submissions (e.g. contest entries) or without our request , you send any creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "Feedback"), you agree that we may, at any time, without restriction, modify, copy, publish, distribute, translate and otherwise use in any medium the comments that you transmit to usWe are and shall be under no obligation (1) to maintain any comments in confidence; (2) pay compensation for any comments; or (3) to respond to any comments
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or any other personal or proprietary rightYou 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 of 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
ARTICLE 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availabilityWe 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 notice ( including after submitting your order)
We undertake no obligation to update, change or clarify any information in the Service or on any related website, including without limitation pricing information, except as required by law requires itNo specified update or refresh date applied in the Service or on any related website shall be taken to indicate that all information in 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 Terms of Service, you are prohibited from using the site or its content: (a) to unlawful purposes; (b) solicit others to perform or participate in any unlawful acts; (c) violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; (d) to infringe 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 on the basis of 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 a way that will affect the functionality or operation of the Service or any related website, other websites or Internet ; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the InternetWe reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses
ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your 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 from time to time, we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without notice
You expressly agree that your use 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 (unless expressly stated by us) provided "as is and" as available for your use, without any representations, warranties or conditions of of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement
In no event shall brimballe, 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, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages, whether whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or any product purchased using the service, or for any other claims related in any way whether to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of their possibilityBecause some states or jurisdictions do not allow the exclusion or 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.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hendricks Corner and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in due to or arising out of 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
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Service is held 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 severed from these Termsof Service, such determination shall not affect the validity and enforceability of any other remaining provision
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the date of termination shall survive the termination of this Agreement for all purposes
These Terms of Service are effective unless and 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, in our sole judgment, you fail to comply, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 our Services (or any part thereof)
ARTICLE 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or arrangement
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 and 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 version of the Terms of Service)
ARTICLE 18 - APPLICABLE LAW
These Terms of Service and any separate agreement by which we provide services to you shall be governed by and construed in accordance with the laws of Canada
ARTICLE 19 - CHANGES TO THE TERMS OF SERVICE
You can review the most recent version of the Terms of Service at any time on this page
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our websiteIt is your responsibility to periodically check our website for changes.Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 - QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, file a complaint, or simply want more information, contact our Privacy Compliance Officer at info@brimballecom
[Re: Privacy Standards Officer
Phone: +1 418-922-2899
Address: 376 Rue Saint-Louis, Sainte-Brigitte-de-Laval, QC G0A 3K0, Canada
Professional registration number: 1175979948