Terms & Conditions — Ava's Rack

Overview

This website is operated by Ava's Rack. Throughout this site, the terms "we", "us", and "our" refer to Ava's Rack. We provide this website — including all information, tools, and services available on it — to you, the user, conditioned on your acceptance of the terms, conditions, policies, and notices stated here.

By visiting our website and/or making a purchase, you're engaging with our "Service" and agreeing to be bound by the following Terms & Conditions ("Terms"), along with any additional policies referenced here or linked elsewhere on the site. These Terms apply to everyone who uses the site, whether you're browsing, shopping, or otherwise interacting with our content.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to these Terms. If you don't agree with them, please don't use our website or services.

Any new features or tools we add in the future will also fall under these Terms. The most current version is always available on this page, and we may update it from time to time.

Section 1 — Eligibility & Acceptable Use

By using our site, you confirm that you're at least the age of majority in your province or state of residence, or that you have permission from a parent or guardian.

You agree not to use our products or services for any unlawful purpose, and not to violate any applicable laws (including copyright law) while using our site. You also agree not to transmit viruses, malware, or any other harmful code.

Violating these Terms may result in immediate termination of your access to our services.

Section 2 — General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason.

Please note that content you submit to us (excluding payment details) may be transmitted without encryption and could pass through different networks. Payment information, however, is always encrypted during transmission.

You agree not to copy, reproduce, resell, or otherwise exploit any part of our Service without our express written permission.

Section headers throughout this document are for convenience only and don't limit the meaning of the Terms.

Section 3 — Accuracy of Information

We aim to keep the information on our website accurate and current, but we can't guarantee it's always complete or error-free. Content on this site is provided for general informational purposes and shouldn't be relied on as your sole source before making a decision.

We may update our site's content at any time without obligation to notify you, so it's a good idea to check back periodically for changes.

Section 4 — Pricing & Service Changes

Prices for our products may change at any time. We also reserve the right to modify, suspend, or discontinue any part of our Service without notice, and we won't be liable for any resulting impact to you or third parties.

Formation of Contract

Products listed in our online shop are a non-binding invitation to purchase, not a binding offer on our part. When you click "Buy," you're making an offer to purchase, which we confirm via an automated email. That confirmation email acknowledges receipt of your order — it doesn't yet constitute our acceptance of the contract.

Warranty

Standard statutory warranty rights apply as required by applicable consumer protection law.

Section 5 — Products & Services

Some products may only be available through our website, in limited quantities, and subject to our Return Policy for any returns or exchanges.

We do our best to display accurate product colours and images, but we can't guarantee that colours will appear exactly the same on every screen.

We reserve the right to limit sales of any product to a specific person, region, or jurisdiction, and to limit quantities at our discretion. Product descriptions and prices are subject to change without notice, and we may discontinue any product at any time.

We don't guarantee that any product or service will meet every expectation, though we work hard to ensure quality. Any customs duties or import fees that may apply are the customer's responsibility.

Section 6 — Billing & Account Accuracy

We reserve the right to refuse or limit any order, including limiting quantities per person, household, or order. This may apply across orders using the same account, payment method, or shipping/billing address.

If we change or cancel your order, we'll try to notify you using the contact details provided at checkout. We also reserve the right to restrict orders that appear, in our judgment, to be placed by resellers or distributors rather than individual customers.

You agree to provide accurate, current, and complete information when placing an order, and to keep your account details up to date. See our Return Policy for more on returns and refunds.

Section 7 — Optional Third-Party Tools

We may give you access to tools provided by third parties that we don't control. These are provided "as is," without warranties of any kind, and we're not responsible for your use of them. If you choose to use any third-party tool linked from our site, please review that provider's own terms first.

Section 8 — Third-Party Links

Our site may include links or content from third parties. We're not responsible for reviewing or guaranteeing the accuracy of third-party content, products, or services, and we're not liable for any issues arising from your interactions with them. Please review any third party's own policies before making a purchase or transaction through their site.

Section 9 — Comments & Submissions

If you send us feedback, suggestions, or other submissions ("Comments"), you agree that we may use, edit, publish, or share them without restriction or compensation, and we're under no obligation to keep them confidential or respond to them.

We reserve the right (but not the obligation) to monitor or remove any content we consider unlawful, offensive, or otherwise inappropriate.

By submitting Comments, you confirm they don't infringe on anyone else's rights, don't contain unlawful or harmful material, and aren't submitted under a false identity. You're solely responsible for the accuracy and content of anything you submit.

Any customs or import charges related to your order are not included in the listed price and remain the customer's responsibility.

Section 10 — Personal Information

Any personal information you provide through our site is handled in accordance with our Privacy Policy.

Section 11 — Errors & Omissions

Occasionally, our site may contain typographical errors or inaccuracies related to pricing, product details, or availability. We reserve the right to correct these at any time, including cancelling an order if necessary, without prior notice.

We're under no obligation to update outdated information unless required by law.

Section 12 — Prohibited Uses

You agree not to use our site to: act unlawfully; violate any applicable regulations; infringe on our or others' intellectual property; harass or discriminate against others; submit false information; upload malicious code; collect others' personal data without consent; send spam or engage in phishing; or attempt to bypass our site's security features.

Violating any of these may result in termination of your access to our Service.

Section 13 — Disclaimer of Warranties & Limitation of Liability

We don't guarantee that our Service will always be uninterrupted, timely, or error-free, or that results from using it will always be accurate.

Our Service and all related products are provided "as is" and "as available," without warranties of any kind beyond what's required by law. To the fullest extent permitted, we're not liable for any damages arising from your use of — or inability to use — our Service. Where local law doesn't allow certain limitations of liability, our liability is limited to the maximum extent the law allows.

Section 14 — Indemnification

You agree to indemnify and hold harmless Ava's Rack, along with our team, partners, and service providers, from any claims or expenses (including reasonable legal fees) arising from your breach of these Terms or violation of any law or third-party rights.

Section 15 — Severability

If any part of these Terms is found to be unenforceable, that part will be limited or removed to the minimum extent necessary, while the rest of the Terms remain in full effect.

Section 16 — Termination

These Terms remain in effect until terminated by you or by us. You may stop using our services at any time. If we believe you've breached these Terms, we may suspend or terminate your access without notice, and you'll remain responsible for any outstanding amounts owed.

Section 17 — Entire Agreement

Our failure to enforce any part of these Terms doesn't waive our right to do so later. These Terms, along with any policies posted on our site, represent the complete agreement between you and us regarding your use of our Service, superseding any prior agreements or communications.

Section 18 — Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Section 19 — Refused or Unclaimed Packages

If an order is refused at delivery or not collected from a pickup point, it will be returned to us. A $25 CAD fee will be deducted from your refund to cover shipping and processing costs.

Section 20 — Changes to These Terms

We may update these Terms from time to time by posting changes on this page. It's your responsibility to check back periodically. Continuing to use our site after changes are posted means you accept the updated Terms.

Section 21 — Contact Us

Questions about these Terms? Reach out to us at info@avasrack.com.