Effective Date: 5/24/24
Welcome to Gentle Giant! These Terms and Conditions ("Terms") govern your use of our website [www.gentlegiant.ca] (the "Site") and your purchase of products from our e-commerce store. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Site.
1. General
1.1 Eligibility: By using our Site, 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.
1.2 Amendments: We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
2. Use of the Site
2.1 License: Gentle Giant grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for personal, non-commercial purposes. You may not use our Site for any illegal or unauthorized purpose.
2.2 Prohibited Uses: You are prohibited from using the Site or its 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 the Site 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 the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
3. Products and Services
3.1 Availability: All products and services are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
3.2 Accuracy: We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
3.3 Modifications: We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
4. Orders and Payment
4.1 Order Acceptance: 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
4.2 Pricing: All prices are listed in Canadian Dollars (CAD) unless otherwise noted. Prices for our products are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the product or service.
4.3 Payment: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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.
5. Shipping and Delivery
5.1 Shipping: Please refer to our Shipping Policy for detailed information on our shipping practices.
5.2 Risk of Loss: All purchases of physical items from Gentle Giant are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
6. Returns and Refunds
Please refer to our Return Policy for information about returns and refunds.
7. Intellectual Property
7.1 Ownership: The Site and its original content, features, and functionality are and will remain the exclusive property of Gentle Giant and its licensors.
7.2 Trademarks: All trademarks, service marks, and trade names of Gentle Giant used on the Site are trademarks or registered trademarks of Gentle Giant.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Gentle Giant shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Site; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
9. Indemnification
You agree to indemnify, defend, and hold harmless Gentle Giant 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 due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
10. Governing Law
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Canada.
11. Contact Information
If you have any questions about these Terms, please contact us at:
Gentle Giant
6732 Rue Clark,
Montréal Quebec
H2S3E9, Canada
514-941-0676
info.gentlegiant@gmail.com
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By using this Site, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms, please do not use our Site. Your continued use of the Site following the posting of changes to these Terms will be deemed your acceptance of those changes.