Terms & Conditions

OVERVIEW

This website is operated by Margaret's Calgary. Throughout the site, the terms "we", "us" and "our" refer to Margaret's Calgary. Margaret's Calgary offers this website, including all information, tools and services available on this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

When you visit our website and/or purchase something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "TOS"), including any additional terms, conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, vendors, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools added to the current offering will also be subject to the Terms of Use. You can view the most current version of the Terms of Use at any time on this page.

We reserve the right to update, modify or replace any part of these Terms of Use.

SECTION 1 - TERMS AND CONDITIONS OF ONLINE STORAGE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in the state or province in which you reside, and that you have given us permission to allow your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, without limitation, copyright laws) while using the Service.

You must not transmit any worms, viruses or code of a destructive nature.

Violation or breach of any of these Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason. You acknowledge that Your Content (other than credit card information) is transmitted unencrypted and may (a) involve transmission over various networks, and (b) require modifications to conform 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 otherwise exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms of Use.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this website is not accurate, complete or current. The material on this site is provided for general information purposes only, and should not be relied upon as the sole basis for making decisions without first consulting more accurate, more complete or more current sources of information. Use of the material on this site is at your own risk. This site may contain certain historical information, which is by nature not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES IN SERVICES AND PRICES

Prices for 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 will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Conclusion of the contract

The presentation of products in our online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the "Buy" button, you make an offer to enter into a purchase contract. You will immediately receive an automated confirmation email acknowledging receipt of your order. This confirmation email does not constitute acceptance of the contract.

Warranty

Statutory warranty rights apply.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We have made every effort to display the colours and images of our products as accurately as possible; however, we cannot guarantee that your monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and 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 a product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. All our products are shipped directly to the consumer from our supplier in China. Any customs duties, import duties or similar charges are the responsibility of the consumer.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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. These limits may apply to orders placed by the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you using the email address and/or billing address/phone number provided at the time the order was placed. 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 through our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

For more details, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither control nor endorse. 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 endorsement. We accept no liability arising from or connected to your use of any optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with, and agree to, the terms under which such tools are offered by the relevant third-party provider(s).

SECTION 8 - LINKS TO THIRD-PARTY PROVIDERS

Certain content, products and services available through our Service may include material from third parties.

Third-party links on this website 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 of such material, and we do not warrant or assume any liability for any third-party materials, websites, 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 third-party websites. Please review a third party's policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

If, at our request, you submit certain materials (such as contest entries) or send unsolicited creative ideas, suggestions, proposals, plans or other content, whether online, by email, by post or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use your Comments, in any medium, without restriction. We are under no obligation to (1) keep any Comments confidential; (2) provide compensation for any Comments; or (3) respond to any Comments.

We reserve the right, but have no obligation, to monitor, edit or remove content that we, in our sole discretion, consider unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or which violates any party's intellectual property rights or these Terms of Use.

You agree that your Comments will not infringe any third-party right, including copyright, trademark, privacy, personal or other proprietary rights. You further agree that your Comments will not contain defamatory, unlawful, offensive or obscene material, and will not contain viruses or other malware capable of interfering with the Service or any related website. You must not use a false email address, impersonate any person, or otherwise mislead us or any third party as to the origin of your Comments. You are solely responsible for the content and accuracy of any Comments you post. We accept no responsibility and assume no liability for any Comments posted by you or any third party.

Any special customs clearance charges and/or import duties are not included in the purchase price and remain the customer's responsibility.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Our website or Service may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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 on the Service or a related website is found to be inaccurate, at any time and without prior notice (including after an order has been submitted).

We assume no obligation to update, amend or clarify information on the Service or any related website — including pricing information — except as required by law. No specified update or refresh date on the Service or any related website should be interpreted as indicating that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit or encourage others to perform unlawful acts; (c) to violate any applicable international, federal, provincial, state or local law or regulation; (d) to infringe upon or violate our intellectual property rights or those 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 could affect the functioning of the Service or 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 Service, 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 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that use of our Service will be uninterrupted, timely, secure or error-free, nor that any results obtained through use of the Service will be accurate or reliable.

You agree that we may, from time to time, remove the Service for indefinite periods, or terminate it at any time, without notice.

You expressly agree that your use of, or inability to use, the Service is entirely at your own risk. The Service and all products and services delivered to you through it are (except as expressly stated by us) provided "as is" and "as available," without any representation, warranty or condition of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, or any loss or damage of any kind resulting from your use of the Service, or any content (or products) posted, transmitted or otherwise made available through the Service, even if we have been advised of the possibility of such damages. As some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability in those jurisdictions is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Margaret's Calgary and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand — including reasonable legal fees — made by any third party arising out of or related to your breach of these Terms of Use or the documents referenced herein, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Use. Such a determination will not affect the validity or enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this Agreement for all purposes.

These Terms of Use remain in effect unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or by discontinuing use of our website.

If, in our sole judgment, you fail to comply, or we suspect you have failed to comply, with any term or provision of these Terms of Use, we may also 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 we may deny you access to our Services (or any part thereof) accordingly.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision. These Terms of Use, together with any policies or operating rules posted by us on this Site or in connection with 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 or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use will not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Use, and any separate agreements under which we provide you with Services, will be governed by and interpreted in accordance with the laws of the Netherlands.

SECTION 19 - REFUSED PACKAGES

If an order is refused upon delivery, or not collected from a designated pickup point, the package will be returned to our warehouse. A $25 fee will be deducted from the refund to cover shipping and processing costs.

SECTION 20 - CHANGES TO THE TERMS OF USE

You can review the most current version of these Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our Website or the Service after any changes to these Terms of Use are posted constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about these Terms of Use should be sent to info@margaretscalgary.com.