Terms and Conditions
The www.heirloomlinens.com web site (the “Site”) is owned, operated and maintained by Heirloom Linens Ltd., the entity that operates a retail store in Canada under the name Heirloom Linens. We refer to Heirloom Linens Ltd. as “Heirloom Linens.” We refer to all the foregoing entities collectively as “we”, “us” or “our”. We hope you enjoy using the Site.
Agreement with Our Terms and Conditions
By using this Site, you agree to accept the terms and conditions of this agreement (“terms and conditions”). If you do not agree with our terms and conditions, please do not use our Site. We reserve the right, at our discretion, to modify, change, add or remove portions of these terms and conditions at any time. Your continued use of the Site following any changes shall be deemed to be your acceptance of such changes.
You can create a user account on the Site that allows you to access and use certain of its functions and features. You acknowledge and agree that the user identification chosen by you for access and utilization of the Site (“Username”), and the password selected by and used by you in conjunction with the respective Username are to be kept secure, secret and confidential (“Password”). We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Site.
We are committed to making the Heirloom Linens shopping experience available to all our customer, including those with disabilities. We cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities. If you notice any feature, content, or functionality of the Site that is not accessible to people with disabilities, please email us at email@example.com. We cannot promise that we will make the changes you suggest, but we will take your input into consideration.
Site Restrictions on the Use of Materials
The Site and all of its content (including Materials Submitted to Us) are copyrighted materials, protected by Canadian, U.S. and international copyright laws and other intellectual property laws and regulations. The compilation of content on our Site is either owned by or is licensed to Heirloom Linens. All Site content may not be used for any purpose other than shopping, browsing, and using the information provided for your own private use. We include certain trademarks owned by other parties on our Site, these trademarks are the property of their respective owners.
You agree not to copy, modify, or reproduce any portion of the Site. Everything you download from the Site, remains the property of Heirloom Linens and is for personal use only. You agree that your access to, and permitted use of, this Site is a privilege and not a right. We may prohibit your access to or use of this Site at any time without prior notice. You agree that we reserve the right to terminate or block your use of the Site.
Materials Submitted to Us
Content submitted by you through our Gift Registry or User Generated Content, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. We will not pay you for any information that you provide which is used by us.
We offer a gift registry (“Gift Registry”) features through our Site. The Gift Registry feature allows you to submit, post and publish materials on or through the Site. It is important to remember that Gift Registry content submitted by you may be recorded and stored in on the internet and may be accessible for a long time. As between you and Heirloom Linens, you are and will remain the owner of the Gift Registry content and promise that the information is truthful and does not breach any other party’s rights. You promise that no other company or person will claim that you stole or are inappropriately using the content. Although you retain ownership of the Gift Registry content, you automatically grant Heirloom Linens to use content in all forms.
You agree that Heirloom Linens does not review all content submitted or posted on the Site. Heirloom Linens reserves the right, but does not have an obligation, to monitor all materials posted to the Site or through the Site’s services or features by users. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, to enforce the terms and conditions. You agree that any Gift Registry content you submit shall not be treated as confidential and Heirloom Linens shall have no obligation or duty to keep this information confidential.
You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful or otherwise objectionable material of any kind. You are solely responsible and liable for any damages suffered or incurred by Heirloom Linens in connection with the Gift Registry content.
We offer gift cards for use in our store and on our Site. Our provision, and your use of such gift cards is governed by these terms and conditions, available at http://www.heirloomlinens.com/gift-card-policy, which are hereby incorporated into these terms and conditions by this reference.
Treatment of Sales Tax
We may be required by law to change goods and services tax, provincial sales tax, or harmonized sales tax on your purchase of products from our website. We may also be required to charge tax on shipping charges. We do not collect goods and services tax, provincial sales tax, or harmonized sales tax on gift cards, as the appropriate taxes will be charges on the purchase when the gift card is redeemed.
Disclaimer, Limitation of Liability and Release
If for any reason you are not satisfied with a purchase that you make from our Site, please contact us.
THE SITE AND ANY CONTENTS THEREIN, THE OPERATION AND CONTENTS INCLUDED ON THIS SITE ARE PROVIDED AS AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULT AND WITHOUT REPRESENTATION WHETHER IMPLIED OR STATUTORY REGARDING MERCHANTABILITY, ACCURACY, RELIABILITY WITH RESPECT TO THE SITE AND ANY CONTENTS THEREIN, THE OPERATION OF THE SITE, THE INFORMATION AND CONTANT ON THIS SITE ARE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, COMPLETELY DENIDED AND DISCLAIMED.
BY USING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR ORWN RISK AND HEIRLOOM LINENS AND ITS OWNERS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERYING THIS SITE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY WHATSOEVER THAT ME RESULT OR ARISE, EVEN IF HEIRLOOM LINENS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR RELIANCE UPON, USE OF OUR SITE OR ANY CONTENT THEREIN OR ANY OTHER WEBSITE TO WHICH YOU HYPERKLINK FROM OUR SITE.
WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT. IN THE EVENT THAT THE LIABILITY FOR ANY DAMAGES CANNOT BE EXCLUDED BY APPLICABLE LAW YOU AGREE THAT SUCH LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU HEREBY WARRANT THAT YOU ABSOLUTELY RELEASE HEIRLOOM LINENS FROM ANY CLAIM OR DEMAND THAT YOU MAY INCUR OR SUFFER WHETHER ARISING IN ANY CONNECTION WITH THE SITE AND ITS CONTENTS.
YOU AGREE THAT THE LIMITATION ON LIABILITY ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.
THIS SITE MAY CONTAIN INACCURACIES AND MAY NOT BE CURRENT OR COMPLETE. HEIRLOOM LINENS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. ERRORS AND OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
You agree to defend and hold harmless Heirloom Linens against any claims, damages, liability and expenses suffered or incurred by Heirloom Linens, arising out of your access to this Site.
Jurisdiction and Applicable Law
Unless otherwise specified, the materials on our Site are given to provide information about Heirloom Linens and products offered for sale to visitors.
These terms and conditions and the agreement they create shall be governed by and interpreted to the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding the body of law applicable to choice of law. The United Nations Convention on Contacts for the International Sale of Goods shall not apply. Any dispute between you and Heirloom Linens, or any other person arising from relation to this Site, these terms and conditions, or any related matter will be resolved before the Provincial and federal courts in Victoria, BC and you agree that such venue is the most appropriate concerning your use of this Site and the transactions contemplated thereby.
Additional User Agreement Terms and Conditions
We do not imply that the materials on our Site are available for use outside Canada. If you use the Site in locations outside Canada, you do so at your own risk, and are responsible for compliance with any local laws and regulations.
You access and use the Site complying with all applicable laws and regulations of Canada relating to the privacy and transmission of technical data from Canada or the country in which you reside. You represent that you are not a resident in any country or jurisdiction where we are prohibited from communicating with you and agree that you shall not access this Site from such country that is on the Area Control List of the Exports and Imports Permit Act of Canada.
If any provision of this agreement is unlawful it will not affect the validity of any remaining provisions. We may modify these terms and conditions, and the agreement they create, at any time, without notice to you.