Service Terms and Conditons
Terms of Service
Acceptance of Terms
Artified Shop is a proprietorship operating in Alberta, Canada. By accessing or using this website or purchasing from us, you agree to be bound by these Terms of Service. If you do not agree, please do not use this site.
Jurisdiction
These Terms are governed by the laws of Alberta and the laws of Canada applicable therein. Any disputes arising from your use of this site will be subject to the exclusive jurisdiction of the courts of Alberta sitting in Edmonton.
Definitions
Throughout this site, "we," "us," and "our" refer to Artified Shop. "You" and "user" refer to anyone accessing or using this website or our services.
Scope of Terms
These Terms of Service apply to all users, including browsers, customers, vendors, and content contributors. They govern your use of all information, tools, and services available on this site.
Changes to Terms
We reserve the right to update these Terms at any time by posting changes on this page. New features, products, or services added to the store will also be subject to these Terms. Your continued use of the site after changes are posted constitutes acceptance of the updated Terms. It is your responsibility to review this page periodically.
Additional Guidelines
When using specific services or tools on this site, you may be subject to additional posted rules or guidelines, which are incorporated into these Terms by reference.
User Agreement and Binding Terms
By accessing or using this website, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use this site.
Your agreement with us becomes effective immediately upon your first use of this site. If you are dissatisfied with this site or any products, services, or content available through it, your sole remedy is to stop using the site and those particular products or services.
Effective Date and Modifications
These Terms of Service are effective as of February 2024 and replace all previous versions. We reserve the right to modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically. Your continued use of this site after any modifications constitutes your acceptance of and agreement to be bound by the updated Terms.
Affiliates
References to "Affiliates" in these Terms include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and all parties involved in creating, producing, or delivering this site and its contents.
Age Requirements
By using this site, you represent that you are at least the age of majority in your province or state of residence. If you are the age of majority, you may permit your minor dependents to use this site under your supervision and responsibility.
Prohibited Uses
You may not use our products or services for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction, including copyright laws, when using this site. You must not transmit worms, viruses, or any code of a destructive nature. Any breach of these Terms will result in immediate termination of your access to our services.
Products and Services
We offer various products including custom printed clothing, accessories, wall art, and printed home decor items.
Right to Modify or Discontinue
We reserve the right to modify or discontinue this site or any of its features at any time, with or without notice, and without liability to you or any third party. New features will be subject to these Terms.
Service Limitations
We reserve the right to refuse service to anyone at any time for any reason. We may limit sales of products or services to any person, geographic region, or jurisdiction on a case-by-case basis.
Data Transmission and Security
Your content (excluding credit card information) may be transmitted unencrypted across various networks and modified to meet technical requirements. Credit card information is always encrypted during transmission. We do not store credit card information on our servers; it is handled by a trusted third-party payment processor.
Intellectual Property
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this site or our services without our express written permission.
Accuracy of Information
We are not responsible if information on this site is inaccurate, incomplete, or outdated. Material on this site is provided for general information only and should not be the sole basis for decisions. Any reliance on site content is at your own risk. We reserve the right to modify site content at any time without obligation to update information.
Pricing and Availability
Prices are subject to change without notice. Certain products may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Return Policy.
Product Display
We make every effort to display product colors and images accurately. However, we cannot guarantee that your monitor's display will be accurate.
Modifications to Terms
These Terms of Service are effective as of February 2024 and supersede all prior versions. We reserve the right to update or modify these Terms at any time without prior notice. You are responsible for reviewing these Terms periodically to stay informed of any changes. Your continued use of this site following any modifications constitutes your acceptance of the revised Terms.
Definition of Affiliates
"Affiliates" refers to our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and any other parties involved in creating, producing, or delivering this site or its content.
Age Requirement and Parental Consent
By using this site, you confirm that you are at least the age of majority in your province or state of residence. If you permit a minor dependent to use this site, you represent that you are of legal age and have provided consent for their use.
Prohibited Activities
You may not use our products or services for any illegal or unauthorized purpose. You must comply with all applicable laws in your jurisdiction, including copyright and intellectual property laws. You must not transmit viruses, malware, worms, or any code of a destructive nature through this site.
Termination
Any breach or violation of these Terms will result in immediate termination of your access to our services.
Products and Services
We offer various products and services through this site, including but not limited to custom printed clothing, accessories, wall art, and home decor items.
Products and Services
We offer various products and services through this site, including custom printed clothing, accessories, wall art, and home decor items.
Modifications and Discontinuation
We reserve the right to modify or discontinue this site or any of its features at any time, with or without notice. We are not liable to you or any third party for exercising this right. Any new features added to the site will be subject to these Terms of Service.
Service Limitations and Refusal
We reserve the right to refuse or limit service to any person, geographic region, or jurisdiction at any time, exercised on a case-by-case basis.
Data Transmission and Payment Security
Your content (excluding payment information) may be transmitted across various networks and modified to meet technical requirements of connecting systems. Payment card information is always encrypted during transmission. We do not store credit card information on our servers; all payment processing is handled by a PCI-compliant third-party payment processor.
Intellectual Property Rights
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this site or our services without our express written permission.
Accuracy of Information
Information on this site is provided for general informational purposes only. We are not responsible if information is inaccurate, incomplete, or outdated. You should not rely solely on site content for making decisions without consulting additional sources. Any reliance on site materials is at your own risk.
We reserve the right to modify site content at any time without obligation to update information. It is your responsibility to monitor the site for changes.
Pricing
All prices are subject to change without notice.
Product Availability and Display
Certain products may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Return Policy.
We make every effort to display product colors and images accurately. However, we cannot guarantee that your device's display will accurately represent actual product colors.
Right to Refuse or Limit Service
We reserve the right to refuse, limit, or cancel service, orders, or sales to any person, geographic region, or jurisdiction at any time, exercised on a case-by-case basis. We may limit quantities of products or services offered.
We reserve the right to refuse or cancel orders for reasons including, but not limited to, inappropriate artwork, copyright infringement, violent imagery, or artwork of a discriminatory nature. If we modify or cancel an order, we will attempt to notify you using the email address or phone number provided at the time of order.
Data Transmission and Payment Security
Your content (excluding payment card information) may be transmitted across various networks and modified to meet technical requirements of connecting systems. Payment card information is always encrypted during transmission. We do not store payment card information on our servers; all payment processing is handled by a trusted third-party payment processor.
Intellectual Property and Permitted Use
The services are intended for personal use only. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this site or our services without our express written permission.
Information Accuracy and Disclaimers
Information on this site is provided for general informational purposes only. We are not responsible if information is inaccurate, incomplete, or outdated. You should not rely solely on site content for making decisions. Any reliance on site materials is at your own risk.
This site may contain historical or outdated information provided for reference only. We reserve the right to modify site content at any time without obligation to update information. It is your responsibility to monitor the site for changes.
Pricing and Product Changes
All prices, product descriptions, and availability are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Offers are void where prohibited by law.
Product Availability and Display
Certain products may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Return Policy.
We make every effort to display product colors and images accurately. However, we cannot guarantee that your device's display will accurately represent actual product colors or appearance.
Service Modifications
We reserve the right to modify or discontinue this site or any services at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of services.
No Warranty
We do not warrant that the quality of any products, services, information, or materials purchased or obtained through this site will meet your expectations, or that any errors in the service will be corrected.
Verification and Communication
We may contact you or third parties to verify information you provide, confirm rights you have secured with respect to products, obtain additional information, or record statements made during our communications with you. We may send you information and notices regarding your orders or account by email, telephone, or other means based on the contact information you provide.
Data Sharing
We only transfer to third parties the registration and order data required to fulfill our services, as detailed in our Privacy Policy.
Order Restrictions
We may limit or cancel quantities purchased per person, per household, or per order. Restrictions may apply to orders placed under the same customer account, payment card, billing address, or shipping address.
Account Information and Accuracy
You agree to provide current, complete, and accurate information for all purchases and account activities. You must promptly update your account information, including email address, payment card details, and expiration dates, to enable us to complete transactions and contact you as needed.
Acceptable Use and Conduct
Your use of this site is subject to all applicable laws and regulations. You are solely responsible for the content of your communications through this site. By using any interactive features (including chat, message boards, or other communication services), you agree that you will not upload, share, post, or distribute any unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content.
Security and Privacy
This site is hosted on the Shopify platform, which operates our checkout system, payment processing, and data collection. We use various Shopify-approved applications to enhance site functionality.
While we implement reasonable security measures, we are not responsible for data breaches or errors occurring on third-party networks or platforms beyond our control. By using this site, you consent to the collection and storage of your information as described in our Privacy Policy. We rely on industry-standard security practices provided by our platform and service providers.
Intellectual Property and Copyright
All content on this site, including text, graphics, logos, images, artwork, and software, is owned by or licensed to Artified Shop and is protected by Canadian copyright law.
You may not copy, reproduce, distribute, or store any intellectual property from this site, including images, artwork, software, logos, text, or graphics, without express written permission. Unauthorized use constitutes copyright infringement and may result in legal action.
Products purchased from this site are for personal use only. Any duplication, reproduction, or commercial use is prohibited. Commercial licensing agreements or other copyright waivers must be obtained in writing from Artified Shop.
Transfer of Risk and Ownership
Risk of loss and ownership of products transfers to you when the product leaves our facility or our supplier's facility in Alberta. Once shipped, we are not responsible for loss, damage, or delays during transit.
If your shipment is lost or damaged in transit, you must contact the courier directly to file a claim. We use Canada Post, US Postal Service, FedEx, or UPS depending on destination, product dimensions, and service availability. Customers cannot select the courier.
Shipping and Delivery Times
Delivery times vary between 5 and 45 business days from the order date, depending on the product and destination. All shipping notifications include a tracking number.
If your product has not arrived within 14 days of shipment, please contact the carrier using your tracking number. If your product has not shipped within 30 days of your order, please contact Artified Shop.
Order Cancellation and Refund Policy
We reserve the right to cancel any order at any time, in which case you will receive a full refund.
Once you place and pay for an order, it cannot be cancelled, as our suppliers automatically begin fulfillment. Most products are custom-made on demand and are non-refundable. We strongly recommend reviewing size charts and product descriptions carefully before ordering. If you have questions, please contact us before placing your order.
International Shipping and Customs
For shipments crossing international borders (including shipments to the United States), customs duties, taxes, and brokerage fees may apply. These charges are NOT included in our shipping costs and are the customer's responsibility.
The courier will collect these fees separately upon delivery or before release of the shipment. You must pay these fees to receive your order.
Returned or Undeliverable Shipments
If a shipment is refused, undeliverable, or returned to us for any reason, we will store the product for 10 days awaiting your instructions. During this period, you may request reshipment by paying additional shipping and handling charges.
If a shipment is returned to one of our dropshipping suppliers, the product will be handled according to that supplier's terms and conditions. In most cases, returned products will be disposed of or donated immediately.
Product Quality and Variations
Our clothing and fabric products are manufactured by Canadian suppliers, and many items are hand-sewn. Minor variations in appearance, stitching, and finish may occur due to the handmade nature of production. We work with our suppliers to minimize these variations.
Variations in printed product appearance, including color reproduction and print placement, may also occur and are inherent to the printing process. Our suppliers use high-quality materials and printing equipment to ensure the best possible results.
Limited Warranty
We do not warrant exact color matching or image translation in the printing process. While our suppliers use high-quality, calibrated printing equipment, minor color variations and shadowing effects may occur.
If you believe your product has a manufacturing defect or significant quality issue, you must submit a warranty claim in writing through our contact form within 14 days of delivery. Include clear photos or video showing the defect and a detailed description. Warranty claims will be evaluated on a case-by-case basis.
This warranty does not affect your statutory rights under Alberta's Sale of Goods Act.
Customer Service
We are committed to providing excellent customer service. You may contact us through the contact form on our website.
Service Modifications and Disclaimers
We reserve the right to modify or discontinue this site or any services at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of services.
Information on this site is provided for general purposes only. We are not responsible if information is inaccurate, incomplete, or outdated. You should not rely solely on site content for making decisions. Any reliance on site materials is at your own risk.
Pricing and Product Availability
All prices, product descriptions, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Offers are void where prohibited by law.
We reserve the right to limit sales or quantities to any person, geographic region, or jurisdiction, exercised on a case-by-case basis.
Product Display
Certain products may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Return Policy.
We make every effort to display product colors and images accurately. However, we cannot guarantee that your device's display will accurately represent actual product colors or appearance.
No Guarantee of Satisfaction
We do not warrant that the quality of any products, services, information, or materials purchased will meet your expectations, or that any errors in the service will be corrected. This does not affect your statutory rights under Alberta law.
Personal Use Only
The services and products are intended for personal use only.
Account Information
You agree to provide current, complete, and accurate information for all purchases. You must promptly update your account information, including email address and payment card details, to enable us to complete transactions and contact you as needed.
Verification and Communication
We may contact you or third parties to verify information you provide, confirm product rights, or obtain additional information. We may record communications with you for quality assurance purposes. We may send you information and notices regarding your orders by email, telephone, or other means based on the contact information you provide.
Third-Party Links and External Sites
This site may contain links to third-party websites or references to information, documents, software, materials, or services provided by other parties. These external sites are not under our control.
We are not responsible for the accuracy, legality, copyright compliance, decency, or any other aspect of content on third-party sites. We are also not responsible for errors or omissions in references to other parties or their products and services.
The inclusion of any link or reference does not imply our endorsement of, association with, or warranty regarding that site or party. Links are provided for convenience only.
Third-Party Tools and Services
We may provide access to third-party tools, applications, or services through this site. We do not monitor, control, or provide input regarding these third-party tools.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, conditions, or endorsements of any kind. We have no liability arising from or relating to your use of third-party tools.
Your use of any optional third-party tools is entirely at your own risk and discretion. You should review and approve the terms of service provided by the relevant third-party provider before using any such tools.
Third-Party Content and Materials
Certain content, products, and services available through our site may include materials from third parties, including artwork used in product designs, information, and external links.
We are not responsible for examining or evaluating the content or accuracy of third-party materials, websites, products, or services. We do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.
Future Services and Features
We may offer new services, features, tools, or resources through this site in the future. Any new offerings will be subject to these Terms of Service.
Limitation of Liability for Third-Party Transactions
We are not liable for any harm, damages, or losses related to the purchase or use of third-party products, services, or content accessed through this site.
User Comments and Conduct
By submitting comments, feedback, or other content to this site, you agree that your submissions will not:
- Violate any third-party rights, including copyright, trademark, privacy, personality, or other proprietary rights
- Contain libelous, unlawful, abusive, obscene, defamatory, threatening, or otherwise objectionable material
- Contain computer viruses, malware, or other harmful code that could affect the operation of this site or related services
- Use a false email address or misrepresent your identity or the origin of your comments
You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
Content Moderation
We reserve the right, but have no obligation, to monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
This applies to all user-generated content, including artwork submitted through our online Design Lab tool.
Privacy
Your submission of personal information through this site is governed by our Privacy Policy.
Intellectual Property Complaints
We respect the intellectual property rights of others and ask that you do the same. If you believe that content posted on this site infringes your copyright, trademark, or other intellectual property rights, please contact our Privacy Officer immediately with the following information:
- A description of the copyrighted work or intellectual property you claim has been infringed
- The location on our site where the infringing material appears
- Your contact information
- A statement that you have a good faith belief that the use is not authorized
- A statement, under penalty of perjury, that the information you provide is accurate and that you are authorized to act on behalf of the rights holder
Errors, Inaccuracies, and Omissions
Information on this site may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, production timelines, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after you have submitted an order. We may also cancel orders if information is found to be inaccurate.
No Obligation to Update
We have no obligation to update, amend, or clarify information on this site, including pricing information, except as required by law. The presence of a date on any page does not indicate that all information has been modified or updated as of that date.
Disclaimer of Warranties
"As Is" and "As Available" Basis
All materials, products, and services on this site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, we do not warrant that:
- The services and materials will meet your requirements or expectations
- The services and materials will be uninterrupted, timely, secure, or error-free
- The results obtained from using the services or materials will be effective, accurate, or reliable
- The quality of any products, services, or information purchased or obtained through this site will be free from mistakes, errors, or defects
This disclaimer does not affect your statutory rights under Alberta's Sale of Goods Act.
Site Accuracy and Updates
This site may contain technical mistakes, inaccuracies, or typographical errors. We may make changes to materials, services, prices, and product descriptions at any time without notice. Materials or services on this site may be outdated, and we make no commitment to update them except as required by law.
Use at Your Own Risk
Your use of this site and the downloading or acquisition of any materials is at your own discretion and risk. You agree that you are solely responsible for any damage to your computer system or loss of data resulting from such activities.
Third-Party Transactions
Through this site, you may engage in commercial transactions with other users, vendors, or third parties. You acknowledge that all transactions with third parties, including purchase terms, payment terms, warranties, guarantees, maintenance, delivery, and other terms, are solely between you and the third party.
We make no warranty regarding any transactions executed through or in connection with this site. You understand and agree that such transactions are conducted entirely at your own risk. Any warranty provided in connection with products, services, materials, or information from a third party is provided solely by that third party, not by us or our affiliates.
Third-Party Content and Opinions
Content available through this site may represent the opinions and judgments of third-party information providers, users, or other persons not connected with us. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Artified Shop representative speaking in an official capacity.
Service Interruptions
You understand and agree that temporary interruptions of services may occur as normal events. We have no control over third-party networks you may access while using this site, and therefore delays and disruptions of network transmissions are beyond our control.
Services are provided "as is," and we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
Consumer Protection Notice
Some jurisdictions, including Alberta, do not allow the exclusion of certain warranties. The above limitations may not apply to you, and you retain all statutory rights under Alberta's Sale of Goods Act and Consumer Protection Act.
Limitation of Liability
To the maximum extent permitted by law, we and our affiliates shall not be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, including but not limited to damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, arising out of or in connection with the use of this site or any linked website.
We shall not be liable for third-party goods and services offered through this site or for assistance in conducting commercial transactions, including the processing of orders.
Consumer Protection Notice
Some jurisdictions, including Alberta, prohibit the exclusion or limitation of liability for consequential or incidental damages. The above limitations may not apply to you, and you retain all statutory rights under applicable consumer protection laws.
Indemnification
You agree to defend, indemnify, and hold harmless Artified Shop and its affiliates from all liabilities, claims, and expenses, including reasonable attorney's fees, arising from your use or misuse of this site or breach of these Terms.
We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
International Use
This site may be accessible worldwide, but we make no representation that materials on this site are appropriate or available for use outside Canada. Accessing this site from territories where its contents are illegal is prohibited. Those who access this site from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer made through this site is void where prohibited.
Termination of Access
We may, in our sole discretion, terminate or suspend your access to all or part of this site at any time, with or without notice, for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination and may be referred to law enforcement authorities.
Upon termination or suspension, your right to use this site immediately ceases. We may immediately deactivate or delete your account and all related information and files, and bar further access. We are not liable to you or any third party for any claims or damages arising from termination or suspension.
Governing Law and Jurisdiction
This site is controlled by Artified Shop from Sangudo, Alberta, Canada. These Terms and all matters relating to your use of this site and purchase of products or services are governed by the laws of Alberta and the laws of Canada applicable therein, without regard to conflicts of law principles. The United Nations Convention on the International Sale of Goods does not apply.
You agree to submit to the exclusive jurisdiction of the courts of Alberta sitting in Edmonton for any disputes arising from these Terms or your use of this site.
Notices
All notices must be in writing and sent via email or conventional mail to:
Diana Krah
Artified Shop
P.O. Box 133
Sangudo, Alberta, Canada
Entire Agreement
These Terms constitute the entire agreement between you and Artified Shop concerning your use of this site and supersede all prior agreements and understandings. These Terms may not be altered, supplemented, or amended except by a written agreement signed by both parties. Any attempt to alter these Terms through other documents or order forms shall be null and void. In the event of any conflict, these Terms take precedence.
General Provisions
Attorney's Fees and Limitation Period
In any action to enforce these Terms, the prevailing party is entitled to reasonable costs and attorney's fees. Any cause of action against us must be brought within one year after the cause of action arises or be forever barred.
Assignment
You may not assign your rights or obligations under these Terms. Any attempted assignment by you is null and void. We may freely assign our rights and obligations under these Terms.
Prohibited Commercial Use
You may not sell, resell, reproduce, duplicate, copy, or use for commercial purposes any portion of this site or access to this site without our express written permission.
Force Majeure
We are excused from liability for non-delivery or delay in delivery of products or services arising from any event beyond our reasonable control, whether or not foreseeable, including but not limited to labor disputes, war, fire, accident, adverse weather, inability to secure transportation, governmental acts or regulations, pandemics, or other similar events.
Severability
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed consistent with applicable law to reflect the original intent, and the remaining provisions shall remain in full force and effect.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that right or provision.
Sale and Purchase of Goods
Agreement to Buy and Sell
Artified Shop ("Seller") agrees to sell, and you ("Buyer") agree to purchase, the goods described in your order at checkout (the "Goods") on the terms and conditions set forth in these Terms of Service.
Purchase Price
You agree to pay the purchase price for the Goods as displayed on this website at the time of your order.
Payment Terms
The total purchase price must be paid in full at the time of ordering. We do not offer credit or payment on account.
Delivery
Unless otherwise agreed in writing, delivery will be made in accordance with our shipping policy in effect on the date of shipment. Delivery dates we provide are estimates only. We will make reasonable efforts to deliver according to estimated dates; however, we are not liable for failure to deliver as estimated.
Unless otherwise agreed in writing, goods will be packaged according to our standard practices.
Limited Warranty and Disclaimer
We do not warrant that the goods will be fit for any particular purpose for which you may be purchasing them, except as expressly stated in these Terms or as required by law.
This disclaimer does not affect your statutory rights under Alberta's Sale of Goods Act, which provides implied warranties of merchantable quality and fitness for purpose that cannot be excluded.
Limitation of Liability
To the maximum extent permitted by law, Artified Shop (including its affiliates, officers, directors, employees, agents, and subcontractors) shall not be liable to you or any other party for any special, consequential, incidental, or exemplary damages arising out of or connected with the goods, including but not limited to:
- Lost profits
- Loss of goods or associated equipment
- Cost of substitute or replacement equipment or services
- Downtime or lost data
- Injury to property
- Damages or sums paid to third parties
This limitation applies even if we have been advised of the possibility of such damages, and applies regardless of whether any claim is based on contract, warranty, negligence, tort, breach of statutory duty, indemnity, or any other legal theory.
Cap on Liability
In no event shall our total liability to you or any other party for loss, damage, or injury arising out of or in connection with these Terms exceed the net purchase price of the goods actually delivered to and paid for by you.
Intellectual Property Indemnification
We disclaim any warranties of non-infringement with respect to the goods. We have no duty to defend, indemnify, or hold you harmless from damages or costs arising from infringement of patents, trademarks, or copyrights by the goods.
Note: This does not apply to claims arising from your custom designs or artwork submitted to us.
Force Majeure
We are not responsible for failure to deliver all or any part of the goods if such failure is due, in whole or in part, to:
- Federal, provincial, or municipal action, statute, ordinance, or regulation
- Strike or other labor disputes
- Fire or other damage to or destruction of the goods or manufacturing facility
- Lack of or inability to obtain raw materials, labor, fuel, electrical power, water, or supplies
- Acts of God, pandemics, or any other cause or circumstance beyond our reasonable control
We will determine in good faith the extent to which we can reasonably control any cause or circumstance affecting our performance.
General Provisions
Assignment
You may not assign these Terms or your rights hereunder without our written consent. We may freely assign our rights and obligations under these Terms.
Entire Agreement and Modifications
If there is any inconsistency between these Terms and any other agreement relating to the goods, these Terms shall govern. These Terms may not be modified, altered, or amended without our written agreement. Any additional or altered terms attached to any order you submit shall be null and void unless expressly agreed to in writing by us.
Severability
If any provision of these Terms is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of Alberta and the laws of Canada applicable therein, without regard to conflicts of law principles. In the event of a dispute, you submit to the exclusive jurisdiction of the courts of Alberta sitting in Edmonton.