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Terms & Conditions

Please read the Terms and Conditions for Tobmarc Home Décor & Gifts carefully before you start to use our Tobmarc.ca and Tobmarc.com websites owned by Tobmarc Supply Solutions Ltd.

Acceptance of the Terms of Use

This website is owned by Tobmarc Supply Solutions Ltd. (hereinafter " Tobmarc") and is operated for your personal non-commercial use and information. The following terms and conditions govern your access to and use of the websites located at tobmarc.com

Please read the Terms of Use carefully before you start to use the website. By using this website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://Tobmarc.ca/pages/about], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the website.

 Accessing the Website

We reserve the right to withdraw or amend the website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website.

 Accounts

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is offered and available to users who are 18 years of age or older, however, if you are a parent or guardian, you may permit your child to use your account instead of you, provided that parents and guardians are responsible for the activities of their child.

You agree not to use this website:

In any way that violates any applicable provincial, federal, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate Tobmarc Supply Solutions Ltd, a Tobmarc employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm Tobmarc Supply Solutions or users of the website or expose them to liability.

In a manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.

Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.

Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to this website.

Attack the website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the website.

By using our website, you represent and warrant that you are of legal age to form a binding contract with Tobmarc Supply Solutions and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use our website.  You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. If you become aware of any breach of security or unauthorized use of your account, you must notify us immediately.

Copyright

This website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Tobmarc Supply Solutions Ltd, and Tobmarc does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Tobmarc Supply Solutions. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our website in breach of the Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our website or any content on our website is transferred to you, and all rights not expressly granted are reserved by Tobmarc Supply Solutions. Any use of our website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. You may use this website only for lawful purposes and in accordance with these Terms of Use.

Trademarks

All trademarks, service marks and trade names of Tobmarc Supply Solutions Ltd. used in the site are trademarks/registered trademarks of Tobmarc Supply Solutions Ltd.

 

 Electronic communications

When you visit this website or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Typographical Errors

The information presented on or through this website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. There may be information on this website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Tobmarc Supply Solutions Ltd. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Tobmarc Supply Solutions, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Tobmarc Supply Solutions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links

Links and references to other websites are provided to you as a convenience only. Tobmarc Supply Solutions has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Tobmarc. To obtain permission, contact us at tobmarcsupply@gmail.com

Online Purchases

 Order

Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “ Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the [“ Submit Order”] button), such order will constitute an offer from you to Tobmarc to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Tobmarc until accepted by Tobmarc. Tobmarc’s acceptance of your order is evidenced by return e-mail from Tobmarc indicating that your order has been accepted

Cancellation

Tobmarc reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether the order has been confirmed or not, and your credit card charged. In an event whereby your order is cancelled after your payment has been processed, Tobmarc will issue a full refund.

All internet purchasing transactions are performed on a webpage hosted by Shopify. All purchases through our site or other transactions for the sale of goods or services formed through the website or as a result of visits made by you are governed by the following terms, in addition to the policies applicable to Shopify checkout process.

Payment terms

Terms of payment shall be determined at Tobmarc’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Tobmarc. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card

Ownership; risk of loss

All Product(s) purchased from Tobmarc are delivered to you by a third-party delivery company, pursuant to a shipping contract. Since the actual delivery of your order can be impacted by many events beyond Tobmarc’s control once it leaves our facility, Tobmarc cannot be held liable for late deliveries. However, Tobmarc will work with you to ensure a smooth delivery.

Governing Law

This site is controlled and operated by Tobmarc Supply Solutions Ltd located in Ontario, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 Indemnification.

You agree to defend, indemnify and hold harmless Tobmarc Supply Solutions, its employees, agents, and suppliers (collectively the "Service Providers") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your  use of the Websites’ content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use our website. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the website. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

If you have any questions about these terms, please contact us

Thank you for visiting our site.

Rev. January 2021