The Website hosted on www.convirobe.com, and any successor site (the “Website”) is operated by Convi Textiles Ltd. (“ConviRobe”). Throughout the Website, the terms “we”, “us” and “our” refer to ConviRobe. ConviRobe offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Website or purchasing something through the Website, you agree to be bound by the following terms and conditions (the “Terms”), including those additional terms, conditions, and policies referenced in these Terms or available by hyperlink. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all terms and conditions within these Terms, then you may not access the Website or purchase any of our products.
Any new features or tools which are added to the Website will also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to change or replace any part of these Terms by posting changes and replacement versions of the Terms to the 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.
We reserve the right at any time to modify or discontinue the Website (or any part of it) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Website or the sale of our products.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 2: Online store terms
By agreeing to these Terms, you are representing and warranting to us 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 the Website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws applicable to your jurisdiction.
You must not transmit to or through the Website any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your permission to use the Website.
Section 3: 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 Website without express written permission by us.
Section 4: Accuracy, completeness and timeliness of information
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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 timelier sources of information. Any reliance on the material on this Website is at your own risk.
This Website 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 contents of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
Section 5: Pricing and Taxes
All prices are in CanadianDollars (by default), with an option to choose US Dollars, unless we are required by law to display prices in the local currency. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges, and other fees.
To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees, or duties (collectively, “Taxes”) due with respect to your purchase and use of products or services through the Website. Orders placed outside of Canada may incur Taxes as determined by the customs agency within the destination country. Assessment of Taxes is generally based upon the value of the order and the Tax-free threshold (if applicable) for goods imported into the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. Please note that we do not collect Taxes on merchandise shipped to jurisdictions in which we do not have substantial nexus. For our Canadian customers, the actual Taxes charged and collected may differ from the amount shown at checkout. Several factors may cause this difference, such as variances between processor programs and changes in Tax rates.
Prices for our products are subject to change without notice. Payment, in full, for the purchase of products at the price stated, plus Taxes, shipping and handling charges, and any other applicable fees will be due and payable at the time an order is submitted through the Website. The purchase price does not include import duties, brokerage fees, and certain other government charges which will be your sole and exclusive responsibility.
Section 6: Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your order.
Our presentation of products or services will not be considered a binding offer, but rather an invitation to place an order. Once you conclude the online purchase process, we will have a binding contract of sale. You may update your cart at any time before concluding the online purchase process. We will not proceed with the delivery process until your payment has been received.
Section 7: Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. These restrictions might include orders placed by or under the same customer account, the same credit card, or orders that use the same 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 you 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 purchase and account information for all purchases made through the Website. 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.
Section 8: Availabiliy of Products and 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 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, and we cannot guarantee that each dye lot of our products will be identical to the next dye lot, nor to the dye lot displayed on the Website.
We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice. 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 those products or services are 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 Website will be corrected.
Section 9: Product Delivery
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges on one or more occasions, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to a product passes to you upon delivery of the product to your specified delivery location. If you have any questions or concerns regarding shipping, please contact us at firstname.lastname@example.org.
Section 10: Return Policy
We accept returns and issue refunds for products that you purchase directly from us in accordance with our Return Policy.
Section 11: Trademarks & Patents
ConviRobe®, the ConviRobe logo, and any other ConviRobe service names, logos, or slogans that might appear on the Website or on our products are registered trademarks of ConviRobe and our suppliers and our licensors and may not be copied, imitated, or used—in whole or in part—without our or the applicable trademark holder’s prior written permission. You may not use any metatags or other ‘hidden text’ utilizing ‘ConviRobe’ or any other name, trademark, product, or services name of ConviRobe without our prior written permission. In addition, the look and feel of the Website, including, without limitation, all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark or trade dress of ConviRobe and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other registered and unregistered trademarks, product names, patents, and company names or logos mentioned on the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by ConviRobe.
Section 12: Hyperlinks
You are granted a limited, nonexclusive, non-transferable right to create a text hyperlink to the Website, so long as that link does not portray ConviRobe or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and so long as the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable in our sole discretion. This limited right may be revoked at any time. You may not use a ConviRobe logo or other proprietary graphic of ConviRobe to link to the Website without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any ConviRobe trademark, logo, or other proprietary information, including the images found on the Website, the content of any text or the layout or design or form contained on any page of the Website without our express written consent.
To the fullest extent permissible by applicable law, ConviRobe makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website or of websites linking to the Website. Those sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to those sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained within a third party website. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
We will not be liable to you for any losses or liabilities suffered by you and relating to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.
Section 13: Optional Tools
We might provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to those tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of third-party tools.
Any use by you of third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also, in the future, offer new services or features through the Website (including, the release of new tools and resources). Those new features or services will also be subject to these Terms.
Section 14: User Submissions
The Website might include interactive features and areas that allow you to create, post, share, or store content, including but not limited to user-generated content, reviews, photos, videos, music, sound, text, graphics, code, or other materials (collectively, “User Content”). We do not claim any ownership or control over your User Content. However, by uploading, posting, or otherwise submitting User Content, you grant ConviRobe a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, display, and otherwise use in any medium now existing or hereafter developed any User Content that you forward to us, as well as your name, likeness, voice, and persona, for any purpose including for our commercial purposes. We are not required: (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.
We may, but have no obligation to, monitor, edit, or remove content from the Website that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your User Content 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 User Content will not contain libelous 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 Website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party.
Section 15: User Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about ConviRobe or our products or services (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of ConviRobe. ConviRobe will own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Section 16: Personal Information
Section 17: Errors, Inaccuracies and Omissions
Occasionally there might be information on the Website that contains typographical errors, inaccuracies, or omissions that might 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 Website is inaccurate at any time without prior notice (including after you have submitted your order).
We will not be required to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information in the Website has been modified or updated.
Section 18: Prohibited Uses
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website 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 could be used in any way that will affect the functionality or operation of the 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 or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
Section 19: Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless ConviRobe and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, partners, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (together with ConviRobe, the “ConviRobe Parties”) from all third party claims of any kind, whether in tort, contract or otherwise (collectively, “Claims”), including damages to property or personal injury, that arise from or relate to:
- your access to or use or misuse of the Website or the products or services offered through the Website;
- any User Content you create, post, share or store on or through the Website or our pages or feeds on third party social media platforms;
- any Feedback you provide;
- your violation of these Terms;
- your violation of the rights of any third party; or
- use or misuse of the products or services by any third party you authorize to use the products or services obtained through the Website.
This indemnity obligation includes paying for any of the ConviRobe Parties’ legal fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation.
You agree to promptly notify ConviRobe of any third party Claims and cooperate with the ConviRobe Parties in defending those Claims. You further agree that the ConviRobe Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ConviRobe.
Section 20: Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ConviRobe PRODUCTS, SERVICES, AND MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ANY ASSOCIATED MOBILE APPLICATION, AND ANY MATERIALS PUBLISHED ON THEM OR DELIVERED WITH PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE Website SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT IT OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, DRYING, STORING, AND USING OF PRODUCTS PURCHASED FROM ConviRobe. THE WASHING AND DRYING INSTRUCTIONS AND DIRECTIONS PROVIDED BY ConviRobe ARE OFFERED AS GUIDELINES ONLY. USE YOUR BEST JUDGMENT AND PROPER DISCRETION WHEN WASHING AND DRYING OUR PRODUCTS. WE EXPRESSLY DISCLAIM RESPONSIBILITY FOR ANY ADVERSE EFFECT THAT MAY RESULT FROM YOUR USE OR APPLICATION OF INFORMATION PROVIDED THROUGH THE Website AND WITH OUR PRODUCTS.
Section 21: Liability Limits
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL ConviRobe OR ANY OF THE OTHER ConviRobe Parties BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE Website, OUR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ConviRobe, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD OR FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ConviRobe’s RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF ConviRobe AND THE ConviRobe Parties (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE Website OR ANY OF OUR PRODUCTS, EXCEED ANY COMPENSATION PAID TO US FOR YOUR ACCESS TO, USE, OR PURCHASE OF THE PRODUCTS OR ACCESS TO THE Website.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, AND DISCHARGE THE ConviRobe Parties FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Section 22: Severability
If any part of these Terms is held unenforceable, the validity of all remaining parts will not be affected.
Section 23: Termination
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of these Terms for all purposes.
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 the Website, or by ceasing to use the Website.
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 also may terminate this agreement 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 the Website.
Section 24: Entire Agreement
The failure of us to exercise or enforce any right or condition of these Terms will not constitute a waiver of that right or condition.
These Terms and any policies or operating rules posted by us on the Website constitutes the entire agreement between you and us and govern your use of the Website, 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).
Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
Section 25: Governing Law and Jurisdiction
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of British Columbia, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in British Columbia, sitting in Vancouver, and any courts competent to hear appeals from them. You agree that you will notify ConviRobe in writing at least 30 days before filing any court action to provide ConviRobe with the opportunity to attempt to negotiate a resolution with you.
Section 26: No Class Actions
You and ConviRobe agree that any dispute arising out of or related to these Terms, the Website, or products you purchase from us is personal to you and ConviRobe and that such dispute will, failing our and your good faith negotiation resolving the matter, be resolved solely through courts of British Columbia and will not be brought as a class action or any other type of representative proceeding. You and ConviRobe agree that there will be no class arbitration, negotiation, or action in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and ConviRobe agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Section 27: Contact Information
Questions about the Terms, and all notices given pursuant to them or pursuant to any legal concern should be sent to us at email@example.com.