Terms of service

OVERVIEW

This website is operated by vexaco. Throughout the site, the terms “we”, “us” and “our” refer to vexaco. vexaco offers this website, including all information, tools, products, 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 “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. 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.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. 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 and Services to you.

SECTION 1 - ONLINE STORE TERMS

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

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright and consumer protection laws.

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

A breach or violation of any of the Terms may result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

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

You understand that your content, excluding credit card information, may be transferred unencrypted and involve transmissions over various networks and 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, without express written permission by us.

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 as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

This site may contain certain historical information. Historical information 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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

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 Refund Policy: [insert link to Refund Policy].

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer or device display will accurately show every color.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, household, geographic region, or jurisdiction on a case-by-case basis. We reserve the right to limit quantities of any products or Services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. 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, except as required by applicable law.

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 using the same customer account, credit card, and/or billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and payment details, so we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy: [insert link to Refund Policy].

SECTION 7 - SHIPPING, DELIVERY, LOST OR DAMAGED PACKAGES

We aim to process and ship orders within the timelines displayed on our website, but all delivery times are estimates only and are not guaranteed.

For orders shipping within Canada, estimated delivery timelines will vary based on destination and shipping method selected at checkout.

For orders shipping to the United States, estimated delivery timelines will vary based on destination, customs processing, carrier delays, and shipping method selected at checkout.

You are responsible for providing a complete and accurate shipping address. We are not responsible for delays, failed deliveries, or additional shipping charges caused by incorrect or incomplete address information.

For international or cross-border shipments, including shipments to the United States from Canada where applicable, the customer is responsible for any customs duties, import taxes, brokerage fees, tariffs, or other charges imposed by the destination country unless otherwise stated on our website.

Risk of loss and title for products pass to you upon delivery to the shipping carrier or upon delivery to your address, to the extent permitted by applicable law.

If your package is lost, stolen, or arrives damaged, please contact us at support@vexaco.com within 7 days of the marked delivery date or receipt of the item. We may ask for photos of the packaging and product, and we may require time to investigate with the carrier before offering a replacement, store credit, or other resolution.

We are not responsible for delays caused by carriers, customs authorities, weather, labor disruptions, or events beyond our reasonable control.

You can review additional shipping information in our Shipping Policy: [insert link to Shipping Policy, if applicable].

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products, and Services available via 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 examining or evaluating their content or accuracy and we do not warrant and will not have any liability for any third-party materials, websites, products, or services.

Please review carefully the third party’s policies and practices before engaging in any transaction.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, suggestions, proposals, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may use them without restriction, except where prohibited by law.

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

You agree that your comments will not violate any right of any third party and will not contain unlawful, abusive, or malicious material.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [insert link to Privacy Policy].

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating 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 Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content for:
(a) any unlawful purpose;
(b) soliciting others to perform unlawful acts;
(c) violating any international, federal, provincial, state, or local laws or regulations;
(d) infringing upon our intellectual property rights or the intellectual property rights of others;
(e) harassing, abusing, insulting, harming, defaming, slandering, intimidating, or discriminating;
(f) submitting false or misleading information;
(g) uploading viruses or malicious code;
(h) collecting or tracking the personal information of others;
(i) spamming, phishing, scraping, or crawling;
(j) any obscene or immoral purpose; or
(k) interfering with or circumventing the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are provided “as is” and “as available” for your use, except as expressly stated by us and except as required by applicable law.

To the fullest extent permitted by law, vexaco and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless vexaco and our affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 16 - SEVERABILITY

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

SECTION 17 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice.

SECTION 18 - ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 19 - 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 Alberta, Canada, subject to applicable local laws that may apply to consumers in their province, state, or country of residence.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.