Terms and Conditions of Sale
Toucani BIRDKIND website (hereinafter: the “Site”)
Please carefully read the following terms and conditions, as they constitute a binding agreement between you and the Merchant, the owner of this Site. Furthermore, by using this Site, you agree to communicate electronically with the Merchant for all your interactions and acknowledge that such electronic communications meet all the requirements of written communication.
We reserve the sole discretion to refuse service to you, cancel an order, close your account, remove or modify the content of the Site, or cancel an order whether or not you have complied with these Terms and Conditions.
If you experience any problems with an order, please contact us as soon as possible at the following address: info@toucanigolfapparel.com
Toucani BIRDKIND (Hereafter: the “Merchant”)
5623 Succ bureau chef, St-Julie, J3E 1X6 QC, CA.
Confidentiality of personal information
Please see our privacy policy, accessible in the footer of our website, to learn how we collect, share, and manage your personal information.
The products and services offered are intended for sale to adults. If you are under the age of majority in your place of residence, which is 18 in Quebec, you can only place an online order with the participation of your parents or guardians.
Accuracy of information
We make every effort to ensure that all information published on our Site is error-free, but we cannot guarantee this. We may refuse or cancel an order containing an item with an incorrect description or price. Unless otherwise stated, prices are listed in Canadian dollars.
The products offered on our Site, as well as the dates of offers, prices and availability, features and technical specifications of these products, are subject to revision and change without notice. It is possible that a product ordered online may no longer be available in our inventory or that it may not be able to be delivered due to circumstances beyond our control. In such cases, we will cancel the order and refund any payments made.
Your only recourse in the event of non-compliance with a product description is to return it in its original packaging for a refund, in accordance with the refund provisions that apply below.
Registration and password
You will need to complete a registration form to access certain parts and features of the Merchant’s Site. You agree to provide us with current and truthful information and to keep this information up to date at all times.
You agree to keep your username and password confidential and to protect access to your computer from unauthorized use. You are responsible for all transactions made through your account using this information. You must notify us immediately of any unauthorized use of your username and password and any other security breach of which you become aware, within forty-eight (48) hours of becoming aware of such a situation.
Applicable laws
These terms and conditions are governed by the laws of the province or state of Quebec or the country of Canada applicable thereto. Furthermore, any legal action against the Merchant must be brought before the judicial district in which the city of Saint-Lambert is located.
Order errors
In the event that you believe an error occurred when placing an order, please notify us immediately, but no later than 48 hours after discovering the error, by sending a message to the following address: info@toucanigolfapparel.com and by indicating to us in sufficient detail the error that was made.
Delivery and returns
Unless you selected a specific carrier and delivery timeframe during the transaction, for which additional fees may apply, the delivery method and carrier name will be determined by the Merchant, and our standard delivery times within your territory are:
2 weeks
We are committed to delivering your purchases within a reasonable timeframe, subject to the availability of the carriers used by the sender, who are solely responsible for the delivery of the products or services purchased.
The risk of loss and title to the goods or services purchased are transferred to you when they are handed over to the carrier, or if the goods cross an international border, this risk is transferred to you after customs clearance.
Cancellation, exchange, termination, return, exchange or refund policy
Cancellations of orders that are correct and without error are not permitted.
Exchanges are not permitted.
Warranty limitation
SUBJECT TO APPLICABLE LAW, THE MERCHANT EXCLUDES ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS AND SERVICES SOLD ON THE SITE. IT ALSO EXCLUDES ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT, ELEMENTS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR ACCESSED THROUGH THE SITE, AS WELL AS ON ITS SERVERS AND IN ELECTRONIC COMMUNICATIONS.
Limitation of liability
THE MERCHANT SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OR MISUSE OF THE SITE OR FROM THE PURCHASE OF GOODS ON IT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF THE MERCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright
The copyrights and trademarks contained in the information published on the Site are protected by intellectual property laws and are made available on the Site by the granting of a specific license in this regard.
In accordance with applicable intellectual property laws, it is prohibited to use, display, or exhibit any trademark, copyright, or other protected work accessible on the Site for any purpose other than selling these products and services, without the right to grant sublicenses to third parties. The owners of the trademarks appearing on the Site retain all rights not expressly granted in these Terms and Conditions.
If you have reason to believe that any breaches of the terms and conditions have occurred, or if your work has been copied or is being used on our Site in a way that infringes your intellectual property rights, please inform us as soon as possible by sending a message to the following address: info@toucanigolfapparel.com by providing us with a sufficiently detailed account of the offense that was committed.