Terms and Conditions
TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Maisy Rudys (doing business as Qelano). Throughout this site, the terms "we," "us," and "our" refer to Maisy Rudys . Maisy Rudys 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 this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions of Sale," "Terms and Conditions of Sale and Use," "Terms"), including additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to, users who are browsing the site, who are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features and tools that will be added to this store later will also be subject to these Terms and Conditions of Sale and Use. You can consult the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to check this page regularly for changes. Your continued use of the website or your access to it after the publication of any modification constitutes your acceptance of these modifications.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS FOR USE OF OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependent of yours to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any other destructive code.
Any breach or violation of the current Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to services to anyone, at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without express prior written permission from us.
The headings used in this agreement are included for your convenience and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information available on this site is not accurate, complete, or current. The content of 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, by its nature, 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.
ARTICLE 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.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services 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 colors and images of our products that appear at the 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 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 anytime 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.
ARTICLE 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, 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 order and account information for all orders placed through our store. 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.
ARTICLE 7 – OPTIONAL TOOLS
We specifically provide you with access to third-party tools over which we neither monitor nor have any control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to your use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the conditions under which these tools are offered by the relevant third-party provider(s).
We also plan to offer new services and/or features on our site in the future (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obliged to examine or evaluate the content or accuracy of these sites, and we do not warrant and will not assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please read the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, to participate in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post, or otherwise (collectively, "comments"), you grant us the right, at any time, without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.
We reserve the right, but have no obligation, to monitor, edit or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Service or any associated website in any way. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you publish and for their accuracy. We assume no responsibility and disclaim any liability for any comments you publish or that any third party publishes.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
It may happen that there are sometimes information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any associated website is inaccurate, at any time and without prior notice (including after you have placed your order).
We are not obliged to update, modify or clarify information in the Service or on any associated website, including but not limited to pricing information, unless required by law. No defined update or refresh date in the Service or on any associated website should be taken into account to conclude that the information in the Service or on any associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions contained in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite third parties to commit or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone 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 a way that adversely affects the functionality or operation of the Service or any associated website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
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 provided to you through the Service are (unless expressly stated otherwise 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 of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Maisy Rudys, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors may not under any circumstances be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even in the case of negligence), strict liability or otherwise, arising from your use of any service or product from this 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 using the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maisy Rudys, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 and Conditions of Sale and Use or the documents they reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, and such severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall remain in effect after the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use 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 discretion, we deem that you fail, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to the date of termination (inclusive), and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguities in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms and Conditions of Sale and Use, as well as any other separate agreements by which we provide you Services, shall be governed by and construed in accordance with the laws in force in Canada.
ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the posting of any modifications to these Terms and Conditions of Sale and Use constitutes acceptance of those modifications.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Sale and Use should be sent to Contact@qelano.com.