Terms of Service – CollaGum

Overview

This website is owned and operated by CollaGum. Throughout the site, the terms "we", "us" and "our" refer to CollaGum.

CollaGum is an independent online retailer serving customers in Canada. Orders are shipped from an overseas fulfilment centre. Please refer to our Shipping Policy for information about delivery times, shipping costs and any applicable customs duties or import charges.

By accessing this website, using our services or purchasing from us, you agree to be bound by these Terms of Service ("Terms"), together with any policies or notices referenced on this website.

These Terms apply to all users of the website, including visitors and customers.

Please read these Terms carefully before accessing or using our website. If you do not agree with these Terms, you should not use our website or services.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer and sell our products and services online.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to consumers under applicable Canadian federal, provincial or territorial legislation, including mandatory consumer protection laws.

1 – Online Store Terms

By agreeing to these Terms, you confirm that you have reached the age of majority in your province or territory of residence, or that you have obtained the consent of a parent or legal guardian where legally permitted.

You must not use our products, website or services for any unlawful or unauthorized purpose.

You must not violate any applicable laws or regulations, including intellectual property, copyright and consumer protection laws.

You must not transmit viruses, malware or any other malicious or harmful code.

A breach of these Terms may result in suspension or termination of your access to our services, subject to applicable law.

2 – General Conditions

We reserve the right to refuse or cancel service where reasonably necessary, including in cases of suspected fraud, misuse, unlawful activity or breach of these Terms.

We will not refuse service on grounds prohibited by applicable Canadian human rights or consumer protection legislation.

You must not reproduce, duplicate, copy, sell, resell or exploit any portion of our services or website content without our prior written permission, except where permitted by law.

Information transmitted through the internet may pass through different networks and systems.

Payment information is processed using security measures provided by our payment and e-commerce service providers.

We take reasonable steps to protect customer information in accordance with applicable Canadian privacy legislation.

3 – Accuracy of Information

We make reasonable efforts to ensure that information provided on our website is accurate, complete and current.

However, occasional errors or outdated information may occur.

Information provided on the website is for general purposes and should be considered together with the specific product information, policies and terms applicable to your purchase.

We reserve the right to update or correct website content where appropriate.

Nothing in this section excludes any rights you may have where goods do not correspond with their description, are defective or otherwise fail to comply with applicable Canadian consumer protection legislation.

4 – Changes to Services and Prices

Product prices and availability may change from time to time.

Prices displayed for Canadian customers will be presented in the currency indicated at checkout.

Any applicable sales taxes, including GST, HST, PST or QST, will be disclosed and calculated as required by applicable law.

Any price changes will not ordinarily affect orders that have already been accepted, except where permitted or required by law or where an obvious pricing error has occurred.

We may modify, suspend or discontinue products, website features or services at any time.

Nothing in this section limits your rights under applicable Canadian federal, provincial or territorial consumer protection legislation.

5 – Products and Services

Certain products may be available exclusively online and may be available in limited quantities.

Returns, refunds and exchanges are handled in accordance with our Returns & Refunds Policy and your rights under applicable Canadian consumer protection legislation.

Our products are dispatched from an overseas fulfilment centre, and delivery is handled in accordance with our Shipping Policy.

International shipments may be subject to customs duties, import taxes or other charges imposed by Canadian authorities.

Any responsibility for these charges will be disclosed in accordance with applicable law and our Shipping Policy.

We make reasonable efforts to display product photographs, colours, measurements and descriptions as accurately as possible.

However, colours and appearance may vary depending on your device, screen settings and lighting.

We may:

• Limit quantities available for purchase.
• Limit or refuse orders where reasonably necessary.
• Discontinue products.
• Update product descriptions or prices.
• Restrict sales where required by applicable law.

Product availability is not guaranteed until an order has been accepted and processed.

Nothing in these Terms excludes any mandatory consumer protection rights, statutory warranties or remedies available under applicable Canadian law.

6 – Orders, Billing and Account Information

We reserve the right to refuse, limit or cancel an order where reasonably necessary, including where:

• A product is unavailable.
• Incorrect pricing or product information has been displayed.
• We reasonably suspect fraudulent or unauthorized activity.
• Payment cannot be authorized.
• An order appears to be intended for unauthorized resale or other misuse.

Any cancellation or modification of an order will be handled in accordance with applicable Canadian consumer protection legislation.

If we cancel an order after payment has been received, we will provide an appropriate refund in accordance with applicable law.

Where reasonably possible, we will attempt to notify you using the email address, telephone number or other contact details provided with your order.

You agree to provide current, complete and accurate purchase, billing, delivery and account information.

You are responsible for checking your order and delivery details before completing your purchase.

Before completing an online purchase, customers will be provided with the information required by applicable consumer protection legislation, which may include product descriptions, pricing, shipping charges, applicable taxes and delivery information.

7 – Optional and Third-Party Tools

We may provide access to tools, applications or services operated by third parties.

Your use of third-party services may also be subject to the terms and privacy policies of the relevant provider.

To the extent permitted by applicable law, we are not responsible for third-party services that are outside our reasonable control.

Nothing in this section excludes liability that cannot lawfully be excluded under applicable Canadian law.

8 – Third-Party Links

Our website may contain links to websites or services operated by third parties.

These links are provided for convenience and do not necessarily constitute our endorsement of the third party or its content.

We recommend reviewing the terms, privacy policies and other applicable information of third-party websites before using their services or making a purchase.

To the extent permitted by law, we are not responsible for third-party websites or services outside our reasonable control.

Nothing in this section limits any rights or remedies available under applicable Canadian law.

9 – Reviews, Comments and Feedback

If you voluntarily submit reviews, comments, suggestions, photographs or other content to us ("Content"), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display that Content for legitimate business and promotional purposes, subject to applicable law.

This licence does not transfer ownership of your Content to CollaGum.

You confirm that you have the necessary rights to submit the Content and that it does not:

• Infringe another person's intellectual property or privacy rights.
• Contain unlawful, defamatory or misleading material.
• Contain malicious software or harmful code.
• Otherwise violate applicable law.

We may moderate or remove Content where reasonably necessary.

Our handling of personal information contained in submitted Content remains subject to our Privacy Policy and applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable, and relevant provincial privacy laws.

10 – Personal Information

Our collection, use, storage, disclosure and protection of personal information are governed by our Privacy Policy and applicable Canadian privacy legislation.

Depending on the circumstances and the customer's province or territory, applicable legislation may include:

• The Personal Information Protection and Electronic Documents Act (PIPEDA).
• Quebec's Act respecting the protection of personal information in the private sector, as amended.
• Applicable provincial private-sector privacy legislation, including legislation in Alberta and British Columbia.

We collect and process personal information only for legitimate business purposes and in accordance with applicable legal requirements.

Personal information may be processed or stored by service providers located outside Canada, including providers involved in payment processing, order fulfilment, customer support and website operations.

Where personal information is transferred internationally, we take reasonable steps to ensure that appropriate privacy and security protections are maintained, as required by applicable law.

Please review our Privacy Policy for further information about how we handle personal information, applicable consent requirements, international data processing and the exercise of privacy rights.

11 – Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability or other information.

We reserve the right to correct genuine errors and update information where appropriate.

If an error affects an order you have already placed, we will handle the matter reasonably and in accordance with applicable Canadian consumer protection legislation.

Nothing in this section limits your rights under applicable Canadian consumer protection law.

12 – Prohibited Uses

You must not use our website or services to:

• Engage in unlawful or fraudulent activity.
• Solicit others to perform unlawful acts.
• Violate applicable laws or regulations.
• Infringe intellectual property rights.
• Harass, abuse, threaten, discriminate against or defame another person.
• Submit false or misleading information.
• Upload or transmit viruses, malware or malicious code.
• Unlawfully collect or track another person's personal information.
• Send spam or engage in phishing or similar activities.
• Interfere with the security or operation of the website.
• Scrape or automatically extract website content where prohibited by law or these Terms.

We may restrict or terminate access to our website where these Terms are breached, subject to applicable law.

Electronic communications and commercial electronic messages will be handled in accordance with applicable Canadian legislation, including Canada's Anti-Spam Legislation (CASL), where applicable.

13 – Consumer Guarantees, Warranties and Liability

Goods sold to Canadian consumers must comply with applicable federal, provincial and territorial consumer protection and sale of goods legislation.

Depending on the province or territory, consumers may benefit from statutory warranties, legal guarantees and remedies relating to product quality, fitness for purpose, conformity with descriptions and other consumer rights.

For customers in Quebec, applicable protections may include the legal warranties provided under the Civil Code of Québec and the Consumer Protection Act.

Nothing in these Terms excludes, restricts or modifies any consumer right, statutory warranty, legal guarantee or remedy where doing so would be prohibited by applicable Canadian law.

To the extent permitted by law, we do not guarantee that access to our website will always be uninterrupted, timely, secure or error-free.

We are not responsible for losses caused by circumstances outside our reasonable control, except to the extent that liability cannot lawfully be excluded.

Any limitation or exclusion of liability contained in these Terms applies only to the maximum extent permitted by applicable law.

Nothing in these Terms limits liability for fraud, intentional misconduct or any other liability that cannot legally be excluded or restricted.

14 – Indemnification

To the extent permitted by applicable law, you agree to indemnify CollaGum against reasonable losses, liabilities, claims and expenses arising directly from:

• Your unlawful use of our website or services.
• Your material breach of these Terms.
• Your infringement of the rights of another person.

This clause does not require you to indemnify us for losses caused by our own negligence, wrongful conduct or breach of applicable law.

This clause applies only to the extent permitted by applicable Canadian consumer protection legislation and does not limit any mandatory consumer rights.

15 – Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect, provided that doing so is consistent with applicable law.

Nothing in this section permits the enforcement of a provision that would otherwise violate mandatory Canadian consumer protection legislation.

16 – Termination

These Terms remain effective while you use our website or services.

You may stop using our website at any time.

We may suspend or terminate access where reasonably necessary, including where we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, or interfered with the operation or security of our website.

Termination does not affect any rights or obligations that arose before termination.

Any outstanding consumer rights, refund obligations or statutory remedies will remain enforceable in accordance with applicable Canadian law.

17 – Entire Agreement

These Terms, together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and CollaGum regarding your use of our website and services.

Nothing in this provision excludes representations, guarantees, rights or remedies that cannot lawfully be excluded under applicable Canadian federal, provincial or territorial legislation.

Where applicable consumer protection legislation requires specific disclosures, contractual provisions or consumer rights, those legal requirements will prevail over any inconsistent provision of these Terms.

18 – Governing Law

These Terms are governed by the laws of Hong Kong, subject to any mandatory consumer protection laws that apply to customers residing in Canada.

Where you purchase products as a consumer in Canada, this choice of law does not deprive you of the protection of any mandatory federal, provincial or territorial consumer protection legislation applicable to your purchase.

Nothing in these Terms prevents Canadian consumers from exercising rights or pursuing remedies before courts, tribunals or regulatory authorities where such rights are provided by applicable law.

In particular, consumers residing in Quebec retain all rights and protections available under applicable Quebec legislation, including mandatory rules concerning consumer contracts, legal warranties and jurisdiction.

Any dispute arising from these Terms will be handled in accordance with applicable law, and no provision of these Terms is intended to require consumers to waive rights that cannot legally be waived.

19 – Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, services or legal obligations.

The most current version will be published on this page.

Changes will apply from the date they are published unless otherwise stated.

Changes to these Terms will not retrospectively remove rights that have already arisen under an existing purchase or applicable law.

Where applicable Canadian consumer protection legislation requires notice, consent or other procedures before contractual changes become effective, we will comply with those requirements.

20 – Contact Information

If you have any questions about these Terms of Service, please contact us:

CollaGum

Email: info@collagumcanada.com