Terms of Use

1. USE OF OUR WEBSITE

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.

You agree that:

1. You may only use the website to make legitimate enquiries or orders.

2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary.

4. If You do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.

 

2. AVAILABILITY OF SERVICE

The items offered through this website are only available in the destinations listed in the shipping section.

 

3. HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the “Authorize payment” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Shipment Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

 

4. AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

 

5. ORDER PROCESS REFUSAL

We reserve ourselves the right to remove any Product from the website at any time, or to remove or modify any material and / or content of the same order. Although we do our possible to always process all the orders, there might be exceptional circumstances forcing us to withdraw any after sending the Order Confirmation, and we reserve the right to do so at any time, at our discretion.

We will not be responsible towards you or any other third party for removing any product from the website, whether it has been sold or not, for removing or modifying any material and / or content from the website, or for refusing to process an order once the Order confirmation has been sent.

 

6. RIGHT TO WITHDRAW FROM PURCHASE

If You are contracting / entering the contract as a consumer, you will have the right to withdraw from the Contract within 15 days from the time the Delivery confirmation is sent. In this case, you will be reimbursed for the price paid for your product(s), as per our Return Policy.

Your right to withdraw from the Contract will only be applicable to those products that are returned in the exact same conditions in which you received them. You will also need to include instructions, documentation and packaging of the products. There will be no refunds in case that the product has been used or has suffered any type of damage, so it is necessary to be careful with the product(s) while they are in your possession. Please treat the products with care while they are in your possession, and keep, as long as possible, all the boxes and original packaging in case you want to make a return.

This provision does not affect consumers’ current legislation rights.

 

7. DELIVERY

Unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, please contact us for an estimated ETA.

Reasons for delay could include:

1. Unforeseen circumstances; or

2. Unavailable Inventory; In this case we will have to produce stock which can take 2-4 weeks. You will be notified via email if this is the case.  

3. Delivery area;

If for any reason whatsoever, we cannot meet the delivery date, You will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Saturdays or Sundays.

For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.

 

8. UNABLE TO DELIVER

If we are unable to deliver the goods we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how You can rearrange delivery. If You are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.

 

9. RISK AND OWNERSHIP TRANSFER

The Products will be at your risk from the time of delivery.

Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 7 above), whichever is the later.

 

10. PRICE AND PAYMENT

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.

 

11. LIABILITY AND DISCLAIMERS

Our liability in connection with any product purchased on our website will be strictly limited to the purchase price of such Product.

Nothing in these Purchase Terms shall exclude or limit our liability in any way:

1. In case of death or personal injury caused by our negligence;

2. In case of fraud or fraudulent misrepresentation, or

3. In any case which would be illegal or unlawful for us to exclude, restrict ourselves or attempt to exclude or limit our liability.

Notwithstanding the previous paragraph and as far as permitted by law, and unless these Conditions state otherwise, we will not accept any liability for consequential damages that occur as a side effect of the loss or major damage, arising in any way, and whether caused by tort (including negligence), breach of contract or otherwise, even if they could provide, including without limitation the following:

1. loss of revenue or sales;

2. loss of business;

3. loss of profits or loss of contracts

4. loss of anticipated savings;

5. loss of data; and

6. loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless it is expressly stated otherwise.

All product descriptions, information and materials contained on this website are provided “as is” and without implied or expressed warranties, nor any other warranties arising in any other way.

To the extent of what is possible as permitted by law, we disclaim ourselves of all warranties, except for those that cannot be lawfully excluded for consumers.

The provisions of this clause will not affect your statutory rights as a consumer, or your right to cancel the contract

 

12. INTELLECTUAL PROPERTY AND COPYRIGHT

This Web Site is governed by Canadian law and is protected by national and international legislation on intellectual and industrial property.

All contents displayed on the Web and in particular, designs, text, audio, graphics, logos, databases, trade names, trademarks, or any other signs susceptible to industrial and commercial use are subject to intellectual property rights of Panhandle Productions or third party owners who have authorized their inclusion in the On-Line System. Its mere mention does not imply endorsement, sponsorship, or recommendation, right or liability of the Web on the same ones.

Panhandle Productions authorizes Users to use, view, print the Contents and / or elements on the website solely for your personal use, non-profit, resulting necessary consent of the owner of the rights in question, for any other use than expressly permitted.

Under no circumstances shall any license granted or waiver, transmission, transfer all or part of such rights or confer any right or expectation of law, and in particular, alteration, exploitation, reproduction, distribution or public communication these contents without the express permission of Panhandle Productions. or owners concerned. Any infringement of these rights may lead to civil court procedures or judicial or penal.

The website www.bvjshop.com respects the intellectual property rights, industrial property and image rights of third parties, if you believe your legal rights are being violated in this page, please notify us at info@pinnaclesportswear.ca, referring the matter: “Infringement”, sending us a letter or postcard to the address at the beginning of the present conditions of use with a sender of the same matter.

Regardless of the route used to communicate such violation, there shall be forwarded:

  • Full name of the complainant.
  • ID of the complainant.
  • Your e-mail or postal address and telephone.
  • Identification of the content that is violating the rights or laws.
  • Location of the content on our portal.

Signed statement confirming that the information listed is correct and that is the owner or keeper of the content, or alternatively, have an authorization.

 

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic.

We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights

 

14. NOTICES

We may give notice to You at either the e-mail or postal address You provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

15. MOBILE SERVICE

www.bvjshop.com Web site can be visited through the mobile network, as it has proceeded to the adaptation of the page for proper display by this support.

These terms of use are applied equally to the accesses to this Web site through mobile network. In any case, Panhandle Productions. charges for the access via the mobile network, so that all costs arising from it, will depend on the user´s service server. Pandhandle Productions is not responsible for any incident that may result from access via the mobile network. These conditions will be applied regardless of the media through which the user accesses www.bvjshop.com (mobile, computer, MP4 …).

 

16. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between You and us is binding on You and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

 

17.EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

5. Impossibility of the use of public or private telecommunications networks.

6. The acts, decrees, legislation, regulations or restrictions of any government.

7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

18. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.

 

19. SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

20. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.

Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

 

21. OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time.

You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority in which case it will apply to orders previously placed by You.