Terms of service

TERMS OF SERVICE · ARTHUR MELBOURNE

This document governs your use of the website and the services we provide. Please read it carefully before accessing or using the website. By accessing or using the website, you agree to all the terms set out below.

These Terms are governed by the laws of the Province of Quebec and Canada.
Contact: support@arthur-melbourne.com

20 Sections · Canada (Governing law) · support@arthur-melbourne.com (Contact)

OVERVIEW

This website is operated by Arthur Melbourne. The terms "we", "us" and "our" refer to Arthur Melbourne. By visiting our website and/or purchasing products from us, you agree to these Terms of Service, including any additional terms and policies referred to or linked to on this website.

These Terms of Service apply to all users of the website, including browsers, suppliers, customers, merchants and content providers.

Please read these Terms of Service carefully before accessing or using our 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 the terms and conditions of this agreement, please do not access the website or use our services.

We reserve the right to update, amend or replace any part of these Terms of Service. It is your responsibility to check this page periodically for any changes.

SECTION 1 · ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or territory of residence, or that you have given us permission for any minor dependants in your care to use this website.

You must not use our products for any unlawful or unauthorised purpose.

You must not breach any applicable laws or regulations, including copyright laws.

The transmission of worms, viruses or any other code of a destructive nature is strictly prohibited.

A breach of any of these Terms may result in the immediate termination of your access to our services.

SECTION 2 · GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time and for any reason, to the extent permitted by law.

You acknowledge that content submitted through our services, excluding credit card information, may be transferred without encryption and may involve transmission across various networks.

Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our services without our express written permission.

SECTION 3 · ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this website is inaccurate, incomplete or out of date. The material on this website is provided for general information purposes only and should not be relied upon as the sole basis for making decisions.

This website may contain historical information that is not current. We reserve the right to modify the contents of this website at any time without any obligation to update the information.

SECTION 4 · CHANGES TO SERVICES AND PRICES

Our product prices are subject to change without notice. All prices are displayed in Canadian Dollars (CAD).

We reserve the right to modify or discontinue our services at any time without prior notice.

We are not liable to you or any third party for any modification, price change, suspension or discontinuation of our services.

Formation of the contract: The presentation of products in our online store does not constitute a legally binding offer. It is an invitation for you to make an offer to purchase. By clicking "Buy", you submit an offer to enter into a purchase contract. The confirmation email acknowledging receipt of your order does not constitute acceptance of that offer.

Consumer guarantees: Nothing in these Terms limits or excludes your rights under applicable consumer protection laws, including the Australian Consumer Law where applicable.

SECTION 5 · PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These products may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.

All our products are shipped directly to customers from our supplier in Asia. Any applicable customs duties, import taxes or other charges are the responsibility of the customer.

We do not guarantee that the colours displayed on your monitor will accurately reflect the actual colours of the products.

We reserve the right to limit the sale of our products or services to any person, geographic region or jurisdiction.

Any offer for a product or service made on this website is void where prohibited by law.

SECTION 6 · ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order.

At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order.

If we change or cancel an order, we will attempt to notify you using the email address or billing details provided at the time of purchase.

You agree to provide current, complete and accurate purchase and account information for all orders placed through our store.

You also agree to promptly update your account information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.

SECTION 7 · OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools over which we have no control or authority.

You acknowledge that these tools are provided on an "as is" and "as available" basis, without any warranties, representations or endorsements from us.

Any use of optional third-party tools is entirely at your own risk. You should ensure that you understand and accept the terms and conditions under which these tools are provided by the relevant third-party provider.

SECTION 8 · THIRD-PARTY LINKS

Certain content, products and services available through our website may include materials from third parties.

Third-party links on our website may direct you to external websites that are not affiliated with us.

We are not responsible for examining or evaluating the content, accuracy or reliability of these external websites. We do not accept responsibility for any third-party materials, products or services.

Any complaints, claims or concerns regarding third-party products or services should be directed to the relevant provider.

SECTION 9 · COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us certain submissions or unsolicited materials, including comments, suggestions, ideas or other content, you agree that we may edit, copy, publish, distribute, translate and otherwise use those submissions in any medium at any time, without restriction.

We are under no obligation to:

  • Keep any comments confidential;
  • Pay compensation for any comments; or
  • Respond to any comments.

Your comments must not violate the rights of any third party, including copyright, trademark, privacy or other personal rights.

You are solely responsible for your comments and their accuracy.

Any customs duties, import taxes or other additional charges are not included in the product price and remain the responsibility of the customer.

SECTION 10 · PERSONAL INFORMATION

The submission of personal information through our store is governed by our Privacy Policy.

For further details, please refer to our Privacy Policy.

SECTION 11 · ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our website or services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping costs, delivery times or product availability.

We reserve the right to correct any errors, inaccuracies or omissions and to update or change information at any time without prior notice, including after an order has been submitted.

SECTION 12 · PROHIBITED USES

In addition to the other prohibitions set out in these Terms of Service, you must not use our website or its content:

  • For any unlawful or unauthorised purpose;
  • To encourage or participate in any illegal activity;
  • To breach any applicable international, federal, state, territory or local laws, regulations or rules;
  • To infringe our intellectual property rights or those of any third party;
  • To harass, abuse, insult, defame or discriminate against others on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
  • To provide false or misleading information;
  • To upload or transmit viruses or other malicious code;
  • To collect or track the personal information of others without proper authorisation; or
  • To interfere with or circumvent the security features of our services.

We reserve the right to terminate or restrict your access to our services if you breach any of these prohibited-use provisions.

SECTION 13 · DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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

We do not guarantee that the results obtained from using our services will be accurate or reliable.

You expressly agree that your use of our services is at your own risk.

Our services are provided on an "as is" and "as available" basis, without any express or implied representations, warranties or conditions, except where such exclusions are not permitted by law.

Important: To the extent permitted by law, we are not liable for indirect, incidental or consequential damages arising from your use of our services. Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under applicable consumer protection laws, including the Australian Consumer Law where applicable.

SECTION 14 · INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend and hold harmless Arthur Melbourne and its partners, employees, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and interns from any claim or demand, including reasonable legal fees, arising from your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 15 · SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by law.

The unenforceable portion will be treated as severable from these Terms of Service, without affecting the validity or enforceability of the remaining provisions.

SECTION 16 · TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement.

These Terms of Service remain in effect unless terminated by you or by us.

If, in our reasonable opinion, you breach or we suspect that you have breached any provision of these Terms, we may terminate this agreement or restrict your access to our services at any time, subject to applicable law.

You will remain responsible for all amounts owed up to the date of termination.

SECTION 17 · ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules published on this website, constitute the entire agreement and understanding between you and us.

They govern your use of our services and replace any prior agreements, communications or proposals, whether written or oral.

SECTION 18 · GOVERNING LAW

Jurisdiction
Canada

These Terms of Service and any separate agreements under which we provide you with services are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable in that province.

SECTION 19 · CHANGES TO THE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website after changes have been posted constitutes acceptance of those changes.

SECTION 20 · CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

SUMMARY OF THE TERMS OF SERVICE

▶ Governing law — Canada (Province of Quebec)

▶ Liability — Services provided "as is", subject to applicable consumer protection laws

▶ Prohibited uses — Illegal activities, viruses, discrimination and false information

▶ Consumer rights — Your rights under applicable consumer protection laws apply

▶ Customs and imports — Responsibility of the customer; products shipped from Asia

▶ Contact — support@arthur-melbourne.com