Terms & Conditions

TERMS & CONDITIONS 

OVERVIEW

This website is operated by Sympli. Throughout the site, the terms “we”, “us” and “our” refer to Sympli. Sympli offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our “Terms” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You must not transmit any viruses or any code of a destructive nature.

SECTION 2 - GENERAL CONDITIONS

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

SECTION 5 - PRODUCTS 

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. 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 sales of our products or Services 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 or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

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 the Service will be corrected.

SECTION 6: PLACING ORDERS

To place an order you can either open an account with us, or you can use our Guest Checkout. If opening an account with Sympli, you will be required to provide us with some compulsory personal information.

When you create an account we will ask you to create an optional password to allow you to access your account, and to maintain account security on this website. You are responsible for keeping your password and account information confidential.

We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorised use of your account, please contact us.

If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.

If you use our Guest Checkout we will retain your personal information in order to process your order. If you already have an Account we will attempt to match your personal data with your existing account information if not we will retain your information for future orders that you might make.

  1. Order Acceptance
    1. Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email within 24 hours with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch of the product(s) is confirmed.
    2. We have the right, prior to despatching the product(s) to decline an order for any reason, including legal and regulatory reasons.
    3. Our contract with you will start when you receive the order dispatch email.
    4. If we cannot supply you with all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and.
    5. If the fulfilment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfil the order at any time, including after despatch of products or notification to you that the order is being processed. In such circumstances, you acknowledge that Sympli shall incur no liability.
  2. Payment
    1. During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.
    2. By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third party provider.
    3. We do not store your payment information, however third party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
    4. We take full payment immediately for all products, unless you sign up to pay for your order using our third party credit provider. Card payments will be subject to authorization from your card issuer, and credit facilities subject to a credit check.
    5. Products ordered remain the property of Sympli until we have delivered them to the address specified by you.
3. Shipping & Delivery
      • Orders will be processed to CANADIAN RESIDENTS ONLY within 10 business days
      • Flat rate shipping fees apply to all orders
      • Delays:
        1. We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
        2. We shall be under no liability to you for such delay or failure of products being delivered when originally specified.
    4. Changes to an Order
    When an order is placed, you cannot make changes to your name or address once your order has been dispatched.

    SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

    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.

    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

    SECTION 8 - RETURNS POLICY

    All sales are final, once an order is placed, no refunds/returns will be authorised.

    SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by live chat, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

    SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

    Occasionally there may be information on our site or in the Terms 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 in the Terms or on any related 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 in the Terms or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms or on any related website, should be taken to indicate that all information in the Terms or on any related website has been modified or updated.

    SECTION 11 - PROHIBITED USES

    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 the Service or of any related 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 the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

    SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    We do not guarantee, represent or warrant that your use of our terms will be uninterrupted, timely, secure or error-free.

    We do not warrant that the results that may be obtained from the use of the terms will be accurate or reliable.

    You expressly agree that your use of, or inability to use, the terms are at your sole risk. The terms and all products delivered to you through the terms are (except as expressly stated by us) 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 Sympli, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    SECTION 13 - INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Sympli and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    SECTION 14 - SEVERABILITY

    In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

    SECTION 15 - GOVERNING LAW

    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Unit 100, 3676 Bainbridge Ave Burnaby, B.C. Canada V5A 2T4

    SECTION 16 - CHANGES TO TERMS OF SERVICE

    You can review the most current version of the Terms & Conditions at any time at this page.

    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Terms following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

    SECTION 17 - CONTACT INFORMATION

    Questions about the Terms & Conditions should be sent to us at clearance@sympli.com.