Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, OR MAKING ANY PURCHASES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN 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.
This website (the “Website”) is operated by BRNT Designs. Throughout the site, the terms “BRNT Designs” “we”, “us” and “our” refer to BRNT Designs. BRNT Designs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, you use our services (“Service”) and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including any and all additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, purchasers of products, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the Website or online store shall also be subject to these 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 and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. If you do not accept the changes, your sole remedy is to terminate your use of the Service, and we may discontinue providing the Service to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age or that you are at least eighteen (18) years of age and you that you are the parent or legal guardian of a dependent minor, and have given us your consent to allow any of your minor dependents to use this Website.
IMPORTANT: You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You are solely and exclusively responsible for complying with all laws in your jurisdiction, and no information on the Website or in any other material provided to you by us should be construed as legal advice or a legal opinion. The fact that products are available for shipment to your jurisdiction does not mean that such products and/or your intended use for such products are legal for import to, or use in, such jurisdiction. Before using any of our products, please carefully examine and comply with the laws in your region. If you are unsure about the legal requirements or laws of your jurisdiction, we strongly encourage you to see advice from a legal professional in your jurisdiction of residence and/or the jurisdiction to which the products will be shipped and/or used. BRNT Designs will not be liable in any way whatsoever for your failure to determine and comply with the laws of your jurisdiction.
We reserve the right to refuse service or products to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON WEBSITE
Occasionally there may be information on our Website or in the 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 on 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.
MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service or Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PRODUCT PURCHASE TERMS, PRICES AND SERVICES
Payment. In order to make a purchase on our website, you must have a valid credit card or verifiable consent to use the credit card of a parent or guardian and you must pay the amount for the product elected by you as set forth on the BRNT Designs website by credit card through PayPal, Stripe, or any other payment method designated on our website.
Taxes. Except in the case of sales tax for residents of Canada which are calculated and added at the time of purchase, all import duties, taxes, and other charges are not included in the product price or shipping cost. These charges are your responsibility. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your purchase.
Shipping. Any shipping date provided to you is an estimate only, and the actual shipping date for any accepted order will depend on a variety of factors including our manufacturing schedule, the dates of your order, and scheduling with the selected carrier. Commencement of shipping is subject to change without notice to you. Shipping charges are calculated when you make a purchase through our website, and you must pay all shipping charges for the location of the address you provide as the shipping destination.
Export Control. You acknowledge that products available for purchase on the Website may be subject to export control laws and other laws and regulations of other countries, and that if BRNT Designs ships a product to you, the product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for ensuring compliance with all applicable export control laws and regulations. You represent that you will not import, export, re-export, or transfer indirectly or directly any product without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not import, export, re-export, or transfer directly or indirectly any product to any destination for an end use that is prohibited by any and all applicable laws.
BRNT Designs is not liable to you in anyway whatsoever for (i) the actions of any governmental authorities, including customs authorities; or (ii) your failure to confirm and comply with any export rules and regulations. You will defend and hold BRNT Designs harmless against all claims, damages, or liability resulting from breach of the foregoing.
Product Pricing and Supply. We reserve the right, but are not obligated, to limit the sales of our products or Services 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 the sole discretion of us. For any pre-ordered products, the price offered at the time the order was made is not subject to change. 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.
ORDER CANCELLATIONS AND REFUSALS; ACCURACY OF 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 restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. 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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
In addition to other prohibitions as set forth in the Terms of Service, 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 Service 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 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.
LIMITATION OF LIABILITY.
IN NO CASE SHALL BRNT DESIGNS, 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. BRNT DESIGNS IS NOT LIABLE FOR ANY ILLEGAL ACTIVITY ARISING FROM OR USE OF OUR PRODUCTS.
IN THE EVENT THAT BRNT DESIGNS IS FOUND LIABLE UNDER ANY CAUSE OF ACTION, SUCH LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU, AND SHALL NOT EXCEED THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) ANY AMOUNTS YOU HAVE PAID TO BRNT DESIGNS IN RESPECT OF THE PRODUCT OR SERVICE THAT GAVE RISE TO THE LIABILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
BRNT Designs shall not be liable for damages resulting from delays in shipment or inability to ship or provide services due to normal production and shipment delays or those resulting from acts of God, fires, floods, wars, sabotage, accidents, lack of Internet connectivity or delays in Internet communication, software errors, labor disputes or shortages, plant shutdown or equipment failure, voluntary or involuntary compliances with any law, order, rule or regulation of governmental agency or authority; or inability to obtain material (including power and fuel), equipment or transportation, or arising from any other contingency, circumstances or event beyond the control of BRNT Designs.
You agree to indemnify, defend and hold harmless BRNT Designs 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and 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.
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. If 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, 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/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
WAIVER; ENTIRE AGREEMENT; INTERPRETATION
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 this site or in respect to The Service constitutes 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 prior versions of the Terms of Service).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms are governed by the laws of the Province of Alberta and Canada without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and BRNT Designs agree to submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located within Edmonton, Alberta for the purpose of litigating any dispute.