BLACK SPIRE WEB STORE TERMS & CONDITIONS
This Terms & Conditions governs your use of our Web Store – blackspire.com. It exempts Black Spire Designs Ltd. and other persons from liability or limits their liability, and contains other important provisions that you should read.
1. YOUR ACCEPTANCE OF THIS TERMS & CONDITIONS
This is an agreement between you (the “end user”) and all persons you represent, includes natural persons and any type of incorporated or unincorporated entity, and Black Spire Designs Ltd. (“Black Spire Designs”), regarding your access to and use of Black Spire Designs’ World Wide Web of the internet (the “blackspire.com”), all content, information, products and services available on or through the World Wide Web (collectively, “WebSite”). This Terms & Conditions also provides benefits to Black Spire Designs’ affiliates, service providers, suppliers and other persons.
Each time you use the WebSite, you signify you have read, accepted and agreed this Terms & Conditions, and the acceptance and agreement of any person you purport to represent, and to be bound by this Terms & Conditions. Besides, you represent and warrant that you have the legal authority to agree to and accept this Terms & Conditions on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Terms & Conditions, or you are not authorized to agree to and accept this Terms & Conditions on behalf of the person you purport to represent, you may not access or use the WebSite. The WebSite is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Terms & Conditions is in addition to any other agreement you may have with Black Spire Designs.
2. TO USE THE WEB SITE
You may use the WebSite if you have reached the age to form legally binding contracts under applicable law. It is solely your responsibility to determine whether it is lawful for you to use the WebSite, and you must comply with all applicable laws. You may not use the WebSite if you live in a jurisdiction where access to or use of the WebSite or any part of it may be illegal or prohibited. Black Spire Designs reserves the right to request proof of identification and age of any user.
3. TERMS & CONDITIONS CHANGES
Black Spire Designs may, in its sole discretion, change or update this Terms & Conditions from time to time as it relates to future use of the WebSite, by posting a revised Terms & Conditions on the WebSite. By using the WebSite after this revised Terms & Conditions has been posted, you signify your acceptance and agreement to be bound by the revised Terms & Conditions. You may not change this Terms & Conditions in any manner at any time.
4. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The WebSite (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Black Spire Designs, and is protected by Canadian and international copyright, trademark and other laws. Your use of the WebSite does not transfer to you any ownership or other rights of its content in the WebSite. The WebSite is made available to you for your lawful, personal use only. You may use the WebSite only in the manner described expressly in this Terms & Conditions and subject to all applicable laws. Using the WebSite for any other purpose or in any other manner is strictly prohibited.
You may print WebSite pages provided that you do not modify, do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers within the pages. The WebSite and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Black Spire Designs. You may not sell or resell any part of the WebSite or access to the WebSite. You may not use any of the software that is used in the operation or provision of the WebSite except while you are using the WebSite in accordance with this Terms & Conditions.
5. MISPRINTS, ERRORS, PRODUCT AVAILABILITY AND PRICES
Black Spire Designs endeavors to provide current and accurate information on the WebSite. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Black Spire Designs cannot guarantee that products and services advertised on the WebSite will be available when ordered or thereafter. Black Spire Designs does not warrant that the content of the WebSite including, without limitation, product descriptions or photographs, is accurate or complete.
Black Spire Designs reserves the right to:
(a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
(b) change at any time the products and services advertised or made available for sale on the WebSite, the prices, fees, charges and specifications of such products and services, any promotional offers and any other WebSite content without any notice or liability to you or any other person;
(c) reject, correct, cancel or terminate any order, including accepted orders for any reason, and
(d) limit quantities available for sale or sold.
The advertisements on the WebSite are invitations to you to make offers to purchase products and services on the WebSite and are not offers to sell. All prices and other amounts appearing on the WebSite are quoted in Canadian dollars.
BLACKSPIRE, BLACK SPIRE DESIGNS and the blackspire.com logo, and other names and logos appearing on or in connection with the WebSite (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Black Spire Designs or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Terms & Conditions, is strictly prohibited. Nothing appearing on the WebSite or elsewhere shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Marks.
7. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the WebSite without the express written permission of Black Spire Designs are strictly prohibited. To request permission to link to the WebSite, please send an email to email@example.com. Black Spire Designs may at its discretion, cancel and revoke any permission it may give to link to the WebSite at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the WebSite or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the WebSite, or to post comments, communications, or any other data of any kind to or on the WebSite with the intention that such postings may be viewed by other users of the WebSite.
8. SOFTWARE AGREEMENTS
Black Spire Designs may cause software to be available for you to download from the WebSite or through other Websites and Internet resources. All software are protected by copyright, your downloading and use of the software is governed by the applicable transaction agreement and the Software License Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software License Agreement.
From time to time Black Spire Designs may make contests available to users of the WebSite and others. All contests are governed by this Terms & Conditions and the applicable Contest Rules. By participating in a contest through the WebSite, you signify your agreement and acceptance of this Terms & Conditions and the applicable Contest Rules.
10. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, Black Spire Designs does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to Black Spire Designs or the WebSite, you automatically grant (or warrant that the owner of the Submissions grants) to Black Spire Designs and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Black Spire Designs or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Black Spire Designs and its successors, assigns and licensees.
11. YOUR INFORMATION
All information you provide through the WebSite, including registration information (name and email address), payment information (credit card numbers, security numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Black Spire Designs will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Black Spire Designs or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
12. SHIPPING ARRANGEMENTS AND RETURN OF PRODUCTS
If we have your product(s) in stock, we will e-mail you a shipping notice confirming that the items have shipped and are en-route to you; that notice is our acceptance of your order. In-stock orders (excluding special delivery items) normally ship within 2 business days of placing your order. Out-of-stock orders will not be backordered. How soon you receive the product(s) depends on the shipping method you have chosen.
We reserve the right to limit quantities available for sale or sold, and the right at any time to reject, correct cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our WebSite, we will provide you with an opportunity to place an order at the correct price. Advertisements on our WebSite are invitations to you to make offers to purchase products and services on the WebSite and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order and forms a legally binding contract with Black Spire Designs. The total price of your order will be charged to your credit card when our shipping notice email has been sent to your email address.
The price of our products are quoted in Canadian Dollars F.O.B. our warehouse, purchasers have to pay all charges beyond the shipping point (our warehouse.) Charges may include but are not limited to shipping, handling, customs and duties and all other kinds of charges where laws, regulations and other terms required. Black Spire Designs is not responsible or liable for any charges of any kind arise from transporting the product(s) to or from the shipping address submitted by the purchaser.
If you wish to cancel an order, you may request a cancellation by calling us at
1-800-567-5440. However, we may not receive and process your cancellation request before we accept and ship your order, in which case your cancellation request may not be effective.
If for any reason you are not completely satisfied with a product you have purchased, we will gladly give you a refund, (except for certain items described below) or exchange. You must return the product to us within 7 days in its original condition (including all packaging, accessories and manuals) together with the original invoice and an authorized Return Merchandise Authorization (RMA) form. Please check the WebSite or call 1-800-567-5440 to find out how to make a return.
Your electronic invoice and an authorized Return Merchandise Authorization (RMA) form are required for both in-person and mail returns. Any product(s) returned without a RMA authorization will be refused. You can submit the RMA form from our WebSite by filling in all information required or fax it to us at 1-800-555-3649. We will confirm with you by fax or email to inform you whether the return is authorized or not. If the RMA is authorized for return, and after the item(s) authorized is/are received by Black Spire Designs within 7 days in its original condition, a credit of the product(s) cost will put through the same credit card account for the original purchase price, in Canadian Dollars for the amount that appears on the original invoice, less any charges applicable. If a currency exchange calculation is required, this calculation will be addressed by your credit card company. Black Spire Designs has no responsibilities or obligations to take parts in the currency exchange. In the event that a returned order has any packaging, manuals, accessories, blank warranty cards or other items missing, the return may be refused, or we may deduct the value of any of the missing items. Shipping charges, handlings, customs and duties and any charges that arise from sending the product to and from the purchaser are non-refundable; however, we will refund your original shipping cost if you are returning an item because of an error on our part, or we have determined that the product is defective.
We rely on the information you provide through the WebSite, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. Your shipping address must be the same as your credit card statement address, and will be verified by your credit card company. We will not ship any order to an address different from the address that appears on your credit card statement. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
13. METHODS OF PAYMENTS
For your convenience, we accept VISA and MasterCard for purchase from our WebSite. Please note that all our advertised prices are in Canadian Dollars F.O.B., shipping will be added when invoice. Any person purchasing our products for shipment outside Canada will be invoiced in Canadian Dollars, plus shipping charges. Your credit card company will convert the invoice amount to the home currency of your credit card account. If a currency exchange calculation is required, this calculation will be addressed by your credit card company. No matter what the resulting amount is, Black Spire Designs has no direct or indirect dealing with the currency exchange. Purchasers have to contact their credit card company if there is a problem with the currency exchange.
14. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
Your access to and use of the WebSite is at your own risk. The WebSite is provided on an “As Is” and “As Available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Black Spire Designs to the fullest extent permitted by law.
· LIABILTY EXCLUSIONS
Black Spire Designs and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the WebSite or this Terms & Conditions including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Black Spire Designs or any person for whom Black Spire Designs is responsible, and even if Black Spire Designs has been advised of the possibility of such loss or damage being incurred.
· Acknowledgement And Exclusion By Statute In Certain Jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.
16. OTHER SITES/RESOURCES
For your convenience, the WebSite may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Black Spire Designs, and Black Spire Designs has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Black Spire Designs does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Black Spire Designs arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Black Spire Designs, this Terms & Conditions, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Terms & Conditions, Black Spire Designs may in its discretion change, discontinue, modify, restrict, suspend or terminate the WebSite or any part of it without any notice or liability to you or any other person. Black Spire Designs may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Terms & Conditions or your permission to access and use the WebSite without any notice or liability to you or any other person.
If this Terms & Conditions or your permission to access or use all or any part of the WebSite is terminated for any reason, then this Terms & Conditions and all other then existing agreements between you and Black Spire Designs will continue to apply, and be binding upon you regarding your prior access to and use of the WebSite, and anything connected with, relating to or arising therefrom.
18. GOVERNING LAW AND DISPUTE RESOLUTION
This Terms & Conditions, your access to and use of the WebSite, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada. Any dispute between you and Black Spire Designs or any other person arising from, connected with or relating to the WebSite, this Terms & Conditions, or any related matters (collectively “Disputes”) will be resolved before the Courts of British Columbia, sitting in the City of New Westminster, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
19. OTHER MATTERS
If any provision of this Terms & Conditions is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Terms & Conditions and the remaining provisions will continue in full force and effect. This Terms & Conditions enures to the benefit of and is binding upon each of Black Spire Designs and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Terms & Conditions or the rights and obligations under this Terms & Conditions. Black Spire Designs may assign this Terms & Conditions and its rights and obligations under this Terms & Conditions without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Terms & Conditions will be:
a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or
b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Terms & Conditions and all other related documents be drawn up in the English language
Any rights not expressly granted by this Terms & Conditions are reserved to Black Spire Designs. You may contact Black Spire Designs by telephone, e-mail, or postal mail:
Black Spire Designs Limited
#5 – 730 Eaton Way
Canada V3M 6J9