TERMS & CONDITIONS
In accessing and/or using this website and/or purchasing something from us you are deemed to have read, understood and agreed to the following Terms & Conditions:
This website is operated by Thorpe Concepts Ltd. The following terminology applies to these Terms & Conditions, including Privacy Statement, Disclaimer Notice and Shipping & Returns Policy: “User”, “You” and “Your” refers to you, the person accessing this website and/or purchasing our product and thereby accepting our Terms & Conditions. “Ourselves”, “Our”, “We” and “Us”, refers to Thorpe Concepts Ltd. and/or its directors, officers, employees, representatives, agents, successors and assigns. “Party” or “Parties” refers to both the user and ourselves, or either the user or ourselves. “Products”, “Services” and “Items” refers to any and all products, items, services and/or other offerings on our website. “Website” refers to www.thorpeconcepts.com (and/or successor, affiliated or associated domains). These Terms & Conditions apply to all users of the website. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By accessing and using this website, you represent that you are at least the age of majority in your province or state of residence or that you are the age of majority in your province or state of residence and you have given us your consent to allow any of your minor dependents to use this website.
Our store is hosted by WordPress/WooCommerce, which provides us with the e-commerce platform to sell our products and services to you.
By agreeing to these Terms & Conditions, you herby agree to pay all fees and charges specified on our website for the products that you purchase. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such tax that may be imposed on your purchase. We will charge any fees or other payments you authorize to the account and credit card you designate. If payment is not received from your credit card or other payment method, you agree to pay all amounts due on demand by us. You agree to provide current, complete and accurate purchase and account information for all purchases made. 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.
We reserve the right at any time to change the prices for our products or charge a fee where one was not previously charged without notice. We reserve the right at any time to modify or discontinue a product without notice. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of a product.
By purchasing any of our products, you are deemed to have read, understood and agreed to the terms of our Shipping & Return Policy, which is incorporated herein by reference and can be found at https://thorpeconcepts.com/shipping-returns/
You may not use our products or the contents of this website for any purpose that is illegal or prohibited by these Terms & Conditions.
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 according to our Shipping & Return Policy. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of our products 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 are subject to change at any time without notice, at the sole discretion of us. 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 e mail 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. We reserve the right to refuse service to anyone for any reason at any time.
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 our services will be corrected.
Occasionally there may be information on our website 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 related to the service or on our 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 related to the services or on our website, including without limitation, pricing information, except as required by law.
We are committed to protecting your privacy. When you visit our website, you agree that information is sent to and stored on our servers. We collect the following types of personal information:
Information collected automatically and/or provided by WordPress: When you visit our website, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. Further, as this website is hosted by WordPress, your information may also be provided to us by WordPress. Such information includes, but is not limited to:
• information from your interaction with our website, including, but not limited to device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the website, referring URL, ad data, IP address and standard web log information; and
• information collected through cookies, web beacons and similar technologies.
Information you provide to us: When interacting with our website and/or purchasing our product, you may provide personal information to us, including but not limited to your full name, email address, billing address, telephone number, etc.
You agree that we may use your personal information for the following purposes:
• to facilitate your engagement with our website;
• to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms & Conditions;
• to personalize, measure and improve our content and ads; and
• to communicate with you, by e-mail, push notification, text message (SMS) or by telephone, such as to obtain feedback for our website.
Transfer of your personal information to third parties: We may disclose your personal information to third parties in accordance with this Privacy Statement and applicable legislation and regulations. We will not disclose your personal information to third parties for their marketing purpose without your explicit consent. We may share your personal information with:
• service providers with whom we have entered into an agreement to help us administer this website, such as financial service providers and technical support; and/or
• certain third parties such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities if we are required to do so by law or in accordance with this Privacy Statement.
Subject to the above, user records are regarded as confidential and will not be divulged to third parties. Users have the right to request copies of all user records we keep pertaining to the specific user making the request, on the proviso that we are given reasonable notice of such a request. Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will keep the personal information we collect for the longer of the time period required by law or required to administer this website. We protect your information by using technical and administrative security measures that limit the risk of loss, abuse, authorized access, disclosure and alteration.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using this website, its contents and/or any of our products:
• (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 our services or of our 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 our services or our website, other websites, or the Internet.
We reserve the right to terminate your use of our services or website for violating any of the prohibited uses or for any other reason in our sole discretion. You may appeal our decision to terminate or suspend your access or use thereof by sending us an email at [email protected]. Our sole obligation will be to consider such an appeal, and our decision to such appeal will be in our sole discretion and final and binding.
Disclaimer Notice – Exclusions and Limitations of Liability
We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove our services for indefinite periods of time or cancel our services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our website and/or services is at your sole risk. Our website, services and products are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thorpe Concepts Ltd., our directors, officers, employees, affiliates, subsidiaries, agents, contractors, interns, suppliers, representatives, agents, 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 services or any products procured using our website, or for any other claim related in any way to your use of the services and/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 services or any content or product posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Thorpe Concepts Ltd., our directors, officers, employees, affiliates, subsidiaries, agents, contractors, interns, suppliers, representatives, agents, service providers and licensors, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your use of our website, products and/or services, your breach of these Terms & Conditions (including the documents they incorporate by reference), or your violation of any law or the rights of a third-party.
Links to this Website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this Website
We do not monitor or review the content of third party websites which are linked to from this website. Opinions expressed or material appearing on such third party websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these third party websites. We encourage our users to be aware when they leave our website and to read the privacy statements of these third party websites. You should evaluate the security and trustworthiness of any other third party website connected to this website or accessed through this website yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text, photos, videos and the full content of this website and our services. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with this Copyright Notice, which forms part of these Terms & Conditions. You may not, except with our express written permission, distribute or commercially exploit the content nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Our email address and other contact information can be found on the Contact link on our website.
We are not liable to you for any failure to perform any obligation which is due to an event beyond our control including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
The laws of Ontario and those of Canada applicable therein govern these Terms & Conditions. By accessing this website you consent to these Terms & Conditions and to the exclusive jurisdiction of the Ontario courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms & Conditions and the remaining terms will continue to apply. Our failure to enforce any of the provisions set out in these Terms & Conditions shall not be construed as waiver of such provisions and shall not affect the validity of these Terms & Conditions or any part thereof, or the right thereafter to enforce each and every provision. These Terms & Conditions and any policies or operating rules posted by us on this website or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of this website and/or our services, 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 & Conditions). These Terms & Conditions shall not be amended, modified, varied or supplemented except in writing and signed by us.
Notification of Changes
We reserve the right to change these Terms & Conditions from time to time as we see fit and your continued use of the website and/or our services will signify your acceptance of any adjustment to these Terms & Conditions. If there are any changes, we will announce that such changes have been made on our home page and on other key pages on our website. You are therefore advised to re-read this statement on a regular basis.