Terms & Conditions
A legal disclaimer
The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and Kanadian Tourist Brand Inc., an Ontario corporation that governs all use by you of the kanadiantourist.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services").
We’ll refer to Kanadian Tourist Brand and all of its subsidiaries and affiliated companies collectively as "Kanadian Tourist", "we", "our", "us", etc. Kanadian Tourist is a travel brand company for business that makes travel clothing component that are suitable for travel and tours. Kanadian Tourist prints and dropships products ("Products") directly to you and your customers ("Customers").
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein.
We also have other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.
If you do not agree to this Agreement, do not use the Site or any other Services.
If you use our Services only for your personal use, you are considered a "User". If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a "Merchant".
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REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN E
Terms & Conditions - the basics
1. Accessibility
This service is available to everyone that wishes to use it in any part of the world.
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2. Modification
Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which Kanadian Tourist has already confirmed Kanadian Tourist reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after Kanadian Tourist posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement.
Use of the Site and other Services by you after Kanadian Tourist posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Kanadian Tourist a written notification, including via email, within 30 days of notice.
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3. Content
Kanadian Tourist respects intellectual property rights and asks you to do the same. Anything you upload will remain yours, and you're responsible for it. We'll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice or European Union illegal content notice for content you've submitted, we may remove the allegedly infringing content or suspend access to the Kanadian Tourist website.
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All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
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4. Use of Service
By using Kanadian Tourist, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we'll reach out to you via email.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law.
B. Don’t Try to Harm Our Systems.
C. Follow Brand Guidelines
D. Share Your Ideas
E. Communication Methods. Kanadian Tourist will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
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5. Content & Services
Kanadian Tourist is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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6. Limited Warranty on Products
it covers our obligations and responsibilities for Printful services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.
Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 7).
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7. Your rights in the case of lack of conformity
If you reside in the European Economic Area or the United Kingdom, this is where you'll find information on what you can do if there's an issue with your order.
If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Kanadian Tourist, as well as any costs related to the delivery to you of the repaired or replaced product.
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8. Responsibility of Site members and visitors
Kanadian Tourist and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen (using automated and/or manual means), refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Printful and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kanadian Tourist or submitted to Kanadian Tourist, including without limitation information in Printful collaborations, posts and in all other parts of the Kanadian Tourist Services.
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9. Payment
To pay for services, you need a valid payment method (e.g. a credit card, debit card or PayPal) that you're authorized to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims that aren't in line with our policies.
We also offer direct bank transfers in some countries or region.
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10. Taxes
You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
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11. Shipping
Once you've placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
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12. ​Description of Product
We strive towards making our product development process the best we can, yet we can't guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won't result in damages. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock.
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13. Purchase of Product
To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. Kanadian Tourist doesn't take responsibility for missed deliveries due to typos in the delivery information.
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14. Delivery
While we may provide delivery estimates, we can't provide guaranteed delivery dates. Once Kanadian Tourist receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you or your customer legally become the owner of the products.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
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15. Release
You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.
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16. Indemnity
Kanadian Tourist is not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by you and any product liability claims).
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17. Governing Law
If any dispute arises between us we'll apply the laws of the Province of Ontario to resolve it—unless you as a consumer reside in the European Economic Area, Switzerland, or the United Kingdom in which case we'll follow the laws of the Republic of Latvia.
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18. Any legal dispute involving our services will be resolved by arbitration according to the rules in this Section. By using our services, you waive any rights to a jury trial or class actions.
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19. Privacy
Kanadian Tourist's Privacy Policy is an important part of our Terms of Service that explains how your information is used when you use our services. Please read it very carefully.
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What to include in the T&C document
20. General Summary
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Using our services doesn't make you an agent, partner or employee of Kanadian Tourist. We're not responsible for any violations of these terms if it's out of our control. If you have any questions about our Terms of Service, feel free to contact us at info@kanadiantourist.com.
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No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
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Kanadian Tourist will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Kanadian Tourist's performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
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You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
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Kanadian Tourist at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area or the United Kingdom and such transfer or assignment may reduce your guarantees under this Agreement, then Kanadian Tourist will ask for your permission beforehand.
If you have any questions about this Agreement, please email us at info@kanadiantourist.com
