Terms of service

OVERVIEW 

This website is operated by RaysRunway Inc. Throughout the site, the terms “we”, “us” and “our” refer to RaysRunway Inc., whose address is at P.O. Box 60036, Queen Beverley PO, Toronto, Ontario M5B 0C5 Canada. "You" or "your" means the person accessing or using the website or its Content. "Content" means any text, images, video, audio or other multimedia content, software, product descriptions, or other information or material submitted to, subsisting on or accessible from the website. We offer this website, including all information, tools and services available from this site to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us or otherwise indicating your consent, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our website. By accessing or using any part of the site or otherwise indicating your consent, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use any services and you should cease using the website immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you have any questions about this website, please contact shop@raysrunway.com.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current 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 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 and services to you. 

SECTION 1 - ONLINE STORE TERMS 

By proceeding to place an order with us through our website, you agree to be bound by these Terms of Service. If you do not agree to be bound by the Terms of Service, do not check the box "I agree with the Terms" and do not proceed with your order. Please retain a copy of the Terms of Service which have been e-mailed to you along with your purchase order.

By agreeing to these Terms of Service, 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 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 laws).

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

A breach or violation of any of the Terms of Service will 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 (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.

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 express written permission by us.

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

We seek to make this website as accessible as possible. If you have any problems accessing this website or the Content, please contact us at shop@raysrunway.com.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

While we use reasonable efforts to include accurate and up-to-date information on the website, we do not represent, warrant or promise (whether expressly or by implication) that the Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose, and we are not responsible if the Content is not accurate, complete or current. The Content 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 Content is at your own risk and we may suspend or terminate operation of the website at any time at our sole discretion. Nothing in these Terms of Service shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose.

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 Content at any time, but we have no obligation to update any Content on our site. You agree that it is your responsibility to monitor changes to our site.

While we make commercially reasonable efforts to ensure that the website is available, we do not represent, warrant or guarantee in any way the website's continued availability at all times or uninterrupted use by you of the website.

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

Products listed on our website may not be available at the time you make your order. Your order is subject to availability of products. 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 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 anytime 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 website 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.

Except in Quebec, the descriptions of products on our website are invitations for you to make an offer to purchase. Once you place an order, we will e-mail you a confirmation number to the e-mail address that you provided for the purpose of us sending notices to you. The confirmation number does not constitute an acceptance of your order. Your order will only be accepted once the products are ready to be shipped and payment has been processed. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the credit card you provided for payment.

If you find that a product or service you purchase is not as described, your sole remedy is to return it within thirty (30) days of receipt by you or request a refund of the service fee within thirty (30) days of receipt of the service.

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, 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 judgement, 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.

For more detail, please review our Returns Policy.

Orders. During the check-out process you will be provided with a list of the products you are purchasing, their price, and a list of all additional charges. You will be asked to confirm your order at the end of the check-out process. By clicking "confirm", you agree to pay us the amount set out in box labelled "Order Total". The Order Total is set out in Canadian dollars and includes shipping and handling fees and applicable taxes. The Order Total will be charged to the credit card or payment method you entered when the product is shipped. You may pay using one of the following credit cards: Mastercard, Visa, American Express, Discover, or Diners Club, or by using Interac, PayPal, Shop Pay, Apple Pay, or Google Pay. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be shipped.

Shipments. We will e-mail you to confirm that your order has been shipped. You are deemed to have received the product twenty-one (21) days after it has been shipped by us.

The estimated cost of shipping will be provided at the time of check-out. The actual cost of shipping will depend on the size and weight of the total order shipped and the number of items shipped in one package. We will confirm the cost of shipping in the e-mail we send to you at the time your order is shipped. You agree to pay any additional shipping charges, which will be charged to the same credit card or payment method that you used to purchase the product.

We use third-party carriers to ship our products to you. We will advise you of the carrier delivering your order in the shipping confirmation e-mail you will receive once your order has shipped. We are not responsible for the loss of any products once the order has been shipped to the delivery address you provided. If you wish to purchase shipping insurance, please do so at the time of checkout.

SECTION 7 - NEW SERVICES/FEATURES

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS 

Certain Content, products and services available via our Service may include materials from third-parties.

The website may contain hyperlinks, third party links or references that may direct you to third-party websites that are not affiliated with us. Any such hyperlinks, third party links or references are provided for your convenience only. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The display of any hyperlink or third party link and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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 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 is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or 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 take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy which shall be subject to these terms in the event of any conflict or inconsistency. 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, 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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified 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 

The website is for your personal and non-commercial use only. 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, derogatory, offensive, or immoral purpose; (k) in a way that brings us or any third party into disrepute or causes us to be liable to any third party; (l) to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; (m) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the website or its Content except as permitted by us under these Terms of Service or as expressly provided under applicable law; or (n) 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 prevent or suspend your access to the website or terminate your use of the Service or any related website for violating any of the prohibited uses. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the website and shall be solely responsible for keeping your password and other account details confidential.

SECTION 13 - 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.

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 from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply to you. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, 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, and we disclaim all warranties and conditions of any kind. 

In no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you for an amount greater than the Order Total, exclusive of taxes and shipping, or for 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 or services procured using the Service, or for any other claim related in any way to your use of the Service or any product or service, 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 or unavailability of the Service or any Content (or product or service) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some provinces, such as Quebec, states or jurisdictions do not allow the exclusion of damages or the limitation of liability for consequential or incidental damages, in such provinces, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

You may return products in original condition for a refund within thirty (30) days of delivery. Returned products must be unopened in their original packaging. In all other cases, all sales are final.

Unless otherwise provided in a manufacturer's warranty or provided in the description of the products on this website or unless required by applicable law, your sole remedy in the event of a warranty claim is to have the product repaired or, at our option, exchanged for a product of equal or greater value. Repairs may be made with new or refurbished parts at our option.

SECTION 14 - INDEMNIFICATION 

You shall indemnify, defend and hold us 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 legal fees, made by any third-party due to or 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 

In the event that any provision of these Terms of Service 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT 

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, our confirmation of shipping, and any policies or operating rules posted by us on this site or in respect to the Service constitutes 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, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

SECTION 18 - GOVERNING LAW 

These Terms of Service are governed by the laws of the province of Ontario without reference to its conflict of laws principles, unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.

SECTION 19 - CHANGES TO TERMS OF SERVICE 

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service without notice to you, by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. The Terms of Service that govern your order will be those posted to our website on the day and time that you place your order. Each time you place an order, you should review and print the Terms of Service.

SECTION 20 - OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

(a) This website and all intellectual property rights in the website (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

(b) Nothing in these terms and conditions grants you any rights in the website other than as necessary to enable you to access the website. You agree not to adjust or try to circumvent or delete any intellectual property notices contained on the website and in particular in any digital rights or other security technology embedded or contained within any Content.

(c) Trade-marks "RaysRunway" is our trade-mark. Other trade-marks and trade names may also be used on this website. The use or misuse of any trade-marks or any other Content on the website except as provided in these Terms of Service is strictly prohibited. Nothing contained on the website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trade-mark without our prior written permission.

SECTION 21 - MISCELLANEOUS

1. (a) We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
2. (b) You may not assign, sublicense or otherwise transfer any of your rights and obligations in these Terms of Service to any other person.
3. (c) The parties acknowledge that they have required that these Terms of Service and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais.

SECTION 22 - CONTACT INFORMATION 

Any notices required or permitted to be given under the Terms of Service or applicable laws may be given to you at the e-mail address you provided to us during your order. Any notice given to you will be effective seven (7) days after we send the notice to you, irrespective of whether you receive it or it is returned to us as undeliverable.

Questions about the Terms of Service should be sent to us at shop@raysrunway.com.