Terms of use


OVERVIEW

This website is managed by 9449-6270 Québec inc., doing business as Rafal Sports (“Rafal Sports”). Throughout the site, the terms “we”, “us” and “our” refer to Rafal Sports. Rafal Sports 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 or purchasing something from us, you submit to our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", including additional terms, conditions and policies mentioned herein or available by hyperlink.These Terms of Use apply to all users of the site, including, without limitation, users who are visitors, vendors, customers, merchants, or contributors of content. 

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Service, then you may not access the Site or use the Services.

Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to regularly check this page for changes. Your continued use of or access to the Website following the posting of 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 and services to you. 

SECTION 1 – ONLINE STORE TERMS
By accepting these Terms of Service, you represent that you are at least the age of majority in your country or province of residence, or are of the age of majority in your country or province of residence and have given us your consent to allow to any minor in your charge to use this site. 
You may not use our products for any illegal or unauthorized purpose, and you may not, in the course of using the service, violate any laws in your country or province of residence (including, without limitation, copyright laws). 
You must not transmit any worms or viruses, or any code of a destructive nature. 
A breach or breach of any of these Terms will result in immediate termination of your Services. 

SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse the provision of services to anyone, for any reason and at any time. 
You understand that your content (excluding credit card information) may be transferred unencrypted and include (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. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. 
The headings used in these Terms of Use are included for convenience only and do not limit or affect these terms in any way. 

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 information on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more recent sources of information. Any use of the information contained in this site is at your own risk. 
This site may contain certain historical information. Historical information may not necessarily be 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 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice. 
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. 
We are not responsible to you or to any third party for any modification, price change, suspension or interruption of the service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and they can only be returned or exchanged in accordance with our return policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sale 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 we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected. 

SECTION 6 - 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, or orders that use the same billing or shipping address. In the event of an order modification or cancellation, we may attempt to notify you by contacting the email address or billing address or telephone numbers provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, retailers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and/or on the Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. 

For more details, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or influence. 
You acknowledge and agree that we provide you with access to such tools "as is", "as available", without any warranties, representations or conditions of any kind and without any recommendation. We will not be responsible for your use of optional third-party tools. 
Any use by you of optional tools offered by the site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party providers. 
We may also, at any time, offer you new services or new functionalities through the site (including the availability of new tools and new resources). Such new features or services will also be subject to these Terms of Use. 

SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the examination, evaluation or accuracy of the content. We cannot guarantee any third-party item or website, or any other third-party item, product or service, and we shall have no liability in connection therewith. 
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the relevant third party. 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain particular contributions (for example entries for competitions) or if, without our asking, you send evaluations, creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by regular mail or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and use , in any way, the comments that you transmit to us. We are and shall be under no obligation (1) to maintain any comments in confidence or (2) to pay any compensation for any comments or (3) to respond to any comments. 
We may, but are not obligated 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 infringes any intellectual property of any party or these Terms of Use. 
You agree to provide only comments that do not infringe any right of any third party, including copyright, trademark, privacy, reputation or any other personal or proprietary right. You further agree to provide only comments that do not contain libelous or otherwise unlawful, abusive or obscene material, that do not contain any computer virus, or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION
The submission of your personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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 Service or on any related website is inaccurate, at any time and without notice (including after submitting your order). 
We do not undertake to update, change or clarify any information in the Service or any related website, including without limitation pricing information, except as required by law. No particular update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - 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 local, international, federal, provincial or national regulations, rules, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate or discriminate, including, without limitation, on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or any other website, or Internet; (h) to collect or track the personal information of others; (i) for the purposes of spamming, phishing, pharming, pretexting, indexing, data collection, or data capture; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent any security features of the Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses. 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent or assure that your use of our service 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 we may from time to time terminate the service for indefinite periods or cancel the service at any time without notice. 
You expressly agree that your use or inability to use the service is at your own risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement. 
Under no circumstances will Rafal Sports, its subsidiaries and affiliates, if any, its partners, directors, officers, officers, employees, affiliates, agents, contractors, interns, subcontractors, suppliers, service providers or licensors may be held liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, revenue, savings, data, replacement costs, or other similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the service or any product obtained 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 held, or any loss or damage of any kind suffered as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if they have been informed of their possibility. Because some states or regions do not allow the exclusion or limitation of liability for incidental or consequential damages, in such states or regions our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Rafal Sports and its subsidiaries and affiliates, if any, its partners, directors, officers, officers, employees, agents, contractors, interns, subcontractors, suppliers, service providers or licensors, for any claim or demand, including reasonable attorneys' fees, from any third party arising out of your breach of these Terms of Service or the documents they incorporate by reference , or your violation of any law or the rights of a third-party. 

SECTION 15 – SEVERABILITY OF PROVISIONS
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. use, such decision not modifying the validity and applicability of the other provisions. 

SECTION 16 - TERMINATION
The obligations and liabilities of the parties entered into prior to the termination date will survive the termination of these Terms of Service, if any. The conditions in force at the time of the transaction govern the obligations and responsibilities of the parties.
These Terms of Service are effective until terminated, canceled or superseded by us. When you stop using our site, the Terms of Service cease to apply to you. 
If you breach, or we suspect that you breach, in our sole judgment, any term or provision of these Terms of Service, we may, in our sole discretion, at any time and without notice, deny you access to the Service and you will remain liable for all amounts due. 

SECTION 17 – ENTIRE TERMS OF USE
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or relating to the Service constitute the entire terms and conditions that apply between us and you and govern your use of the Service, superseding all 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 of Service). 
Any ambiguity in the interpretation of these Terms of Use cannot be interpreted against the editor.

SECTION 18 - APPLICABLE LAW
These Terms of Use and any separate agreement by which we provide services to you shall be governed by and construed in accordance with the laws of the province of Quebec (including any applicable federal law).

SECTION 19 – CONTACT DETAILS
Questions regarding the Terms of Service should be sent to us at info@rafalsports.com.