Terms Of Service
This website is owned and operated by Gardina.com. Throughout the site, the terms "we," "us," and "our" refer to Gardina.com.
You, the user, can freely use all information, tools, and services available on gardina.com when you accept all terms, conditions, policies, and notices stated on the site.
By visiting gardina.com and purchasing something from us, you engage in our "Service." You agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including additional terms and conditions and policies referenced herein and available by hyperlink.
These Terms of Service apply to all site users, including, without limitation, users who are browsers, vendors, customers, merchants, and content contributors.
Please read the 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 the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that we add to the store are subject to the Terms of Service. You can review the most current 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 or changes to our website. Check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Gardina.com is hosted on Shopify Inc. Shopify provides us with an online e-commerce platform to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you agree that one of the following is true:
- You are at least the age of majority in your state or province of residence
- You are at the age of majority in your state or province of residence
- 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.
You may not violate any laws in your jurisdiction (including but not limited to copyright laws) while using our services.
You must not transmit any digital worms or viruses, or any destructive computer codes.
A breach or violation of any of these Terms will result in an immediate termination of your services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve:
- Transmissions over various networks
- Changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Service in whole or in part, or access 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 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 for information available on this site that is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting more primary, accurate, complete, or timely information sources.
Any reliance on the material on this site is at your own risk.
Gardina.com may contain certain historical information. Historical details are not current and are provided for your reference only. We reserve the right to modify this site's contents at any time, but we have no obligation to update any information on our site.
You are responsible for monitoring changes to our site.
SECTION 4: SERVICE AND PRICES MODIFICATION
Our product prices may change without notice.
We reserve the right to modify or discontinue our services in part or whole without notice.
We shall not be liable to you or any third-party for the modification, price change, suspension, or service discontinuity.
SECTION 5: PRODUCTS and SERVICES
Certain products or services may be available exclusively online through the website. According to our Returns Policy, these products or services may have limited quantities and are subject to return or exchange only.
We have made every effort to display our products' colours and images that appear at the store as accurately as possible. We cannot guarantee that your computer's monitor display of any colour will be accurate.
We reserve the right but are not obligated to limit our products or services' sales 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 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.
We reserve the right to discontinue any product at any time. Any offer for any products or services made on this site is void where prohibited.
We cannot guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations or that we will correct any errors in the Service.
SECTION 6: BILLING AND ACCOUNT INFORMATION ACCURACY
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, and per order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address.
If we change or cancel an order, we may notify you by contacting the email or billing address/phone number provided when you made the order. 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 store. You 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 detail, please review our Returns Policy.
SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor 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 any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. 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 or features through the website (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
Certain content, products, and services available via 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 us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant.
We will not have any liability or responsibility for third-party materials or websites or any other third-party materials, products, or services.
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.
You shall direct all complaints, claims, concerns, or questions regarding third-party products to the third-party.
SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Suppose 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, postal mail, or otherwise (collectively, 'comments.')
In that case, 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 to:
(1) Maintain any comments in confidence
(2) Pay compensation for any comments
(3) Respond to any comments
We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, otherwise objectionable violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your comments will not contain libellous 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 email 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
SECTION 11: ERRORS, INACCURACIES, and OMISSIONS
Occasionally, there may be information on our site or our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 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 the Service or any related website, including, without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should 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 outlined in the Terms of Service, you are prohibited from using Gardina.com or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- 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 Service or any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose;
- To interfere with or circumvent 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 for violating any of the prohibited uses.
SECTION 13: WARRANTIES DISCLAIMER, LIABILITY LIMITATION
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 obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered to you through 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 Gardina.com, 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 any of the Service or any products procured using 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 errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Gardina.com 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 of Service, the documents they incorporate by reference, your violation of any law or the rights of a third-party.
SECTION 15: SEVERABILITY
Suppose any provision of these Terms of Service is determined to be unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either 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.
Suppose in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Service.
In that case, 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, accordingly, may deny you access to our Services in part or whole.
SECTION 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 provision.
These Terms of Service and any policies or operating rules posted by us on Gardina.com or in respect to the Service, constitute 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 previous versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of British Columbia, Canada.
SECTION 19: CHANGES TO the TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on Gardina.com.
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 website. It is your responsibility to check our website periodically for changes.
Your continued use of and access to our website or the Service following the posting of any changes to these Terms of Service, constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
If anything is unclear or you have more questions, please contact our support team at email@example.com
Mail us at:
701 West Georgia Street
Vancouver, British Columbia
Canada V7Y 1C6