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Terms of Service

TERMS AND CONDITIONS ACCEPTANCE OF SITE TERMS AND CONDITIONS

These terms of use explain how you may use this website (“Site”). References in these terms to the Site includes the following website(s) (www.tommyguns.com/ca/, www.tommyguns.com/us/) and all associated web pages. By accessing, using, making a purchase or browsing this Site you agree to be lawfully bound by the Terms and Conditions governing this Site.  If you do not agree with or accept any of these terms, you should cease using the Site immediately. Tommy Gun’s may amend or modify the Terms and Conditions without notice by posting the amended Terms and Conditions on this Site.

 

 

USE OF THE SITE

RESTRICTIONS ON USE OF THIS SITE

Information provided on this Site is for personal non-commercial use.  You must have parental or guardian approval to access and use this Site if you are not 18 years of age or over.  When using this Site you agree that you will not and will not attempt to: (i) use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions, (ii) interfere with any security related features of this Site, any functions of this Site, modify the content of this Site, disrupt or otherwise interfere with this Site or the equipment supporting and hosting this Site, including servers and the network, (iii) use the Site for data gathering, including by use of robots, screen scraping or other data mining tools or data extraction tools, or (iv) use the Site or its contents in a way that brings us or any third party into disrepute or cause us to be liable to any third party. You agree that you are solely responsible for all costs and expense you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.

 

INFORMATION ON THE SITE

We endeavour to be as accurate as possible in the information provided on this Site.  While care has been taken in providing information on this Site, including information about products and product descriptions, to the extent permissible by law Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators, we do not represent warrant or promise (whether expressly or by implication) the accuracy or completeness of the information provided and do not accept liability, including for any loss or damage, that results from reliance on information provided on this Site. Content on the Site 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 relied on for any purpose.

 

INTELLECTUAL PROPERTY RIGHTS

This site and all intellectual property rights in the Site (including without limitation any content) are owned by us and our licensors. We and our licensors reserve all out intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

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

Unless otherwise indicated reproduction of any part of this Site is unlawful.  Unless otherwise indicated Tommy Gun’s trademarks, copyright material and other material protected by copyright may only be reproduced with the written consent of Tommy Gun’s.  Where reproduction is permitted that reproduction may only be used for personal non-commercial purposes.

 

HYPERLINKS, THIRD PARTY CONTENT AND ADVERTISING

This Site may contain hyperlinks to third party content and websites, third party content, paid advertising and other material derived from third parties (“Third Party Content”).  Third Party Content is provided for your convenience only. The presence of Third Party Content on the Site or hyperlinks to Third Part Content is not to be taken as a recommendation, endorsement or approval of the Third Party Content by Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators.  Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators do not warrant the accuracy or completeness of any Third Party Content and does not warrant a third party website is free of viruses or malware. We have no control over third party website and accept no responsibility for any content, material or information contained in them. The display of a hyperlink and reference to any Third Party Content does not constitute an endorsement of such Third Party Content. Your use of Third Party Content may be governed by the terms and conditions of that third party site and any complaint relating to Third Party Content accessed through a hyperlink on this Site should be directed to the third party website containing the Third Party Content.

 

PRIVACY

Our Privacy Policy sets out information regarding how we deal with your personal information.  Please see our Privacy Policy on our Privacy Policy Page.

 

COOKIES

In relation to this Site you consent to us using and gathering data using cookies, which you may be able to disable through your browser.

 

 

PURCHASE OF PRODUCTS

PRICING

Prices for products on the Site are in Canadian Dollars and do not include any applicable taxes.  Unless otherwise indicated all charges are in Canadian Dollars.

 

YOUR ACCOUNT

If you have an account on the Site you are responsible for the confidentiality of your account information and password, and for securing your computer.  You are also responsible for ensuring the information is current and correct.

If you are using an account on the Site that is not your account you represent and warrant to us that you have authority to use that account and to legally bind the account holder to these Terms and Conditions and, to the extent you do not have authority to use the account, you assume all liability under these Terms and Conditions.

 

PLACING AN ORDER

Products may only be purchased for non-commercial use.

When placing an order, you agree to follow the instructions and read any terms attaching to the placing of that order. You must take care to ensure all the information you provide us is correct before you submit your order.

Orders may only be placed on the Site by persons who are 18 years of age or over. If you are not 18 years of age or over must have parental or guardian approval to place an order on the Site and parents and guardians must read and consent to these Terms and Conditions.

An online order acknowledgement does not mean your order has been accepted by us. We reserve the right to decline fulfilling an order for any reason, which may include, but are not limited to the following reasons: (i) the products are not available, (ii) we cannot authorize your payment, (iii) you are not permitted to purchase products, (iv) there has been an error by us on the pricing or description of the products.

In the event your order is declined any amount paid by you in respect of that order will be refunded to you.

 

GIFT CARDS

Gift Cards purchased online are for use in-store only and cannot be processed or used for redemption online.

Gift Cards are excluded from any offer, promotion, or discount offered online unless explicitly stated.

 

USE OF PRODUCT

When you place an order for a product on this Site you agree to use the product only for the purpose intended and in accordance with the instructions provided by the manufacturer.

 

DELIVERY

If orders are placed separately, they cannot be consolidated into a single order and you will be liable to pay the delivery amount attached to each separate order. The estimated date for delivery of the products will be set out in a confirmation email. If something happens which is outside of our control and which affects the estimated date of delivery, we will give you a revised estimated date for delivery. Delivery of the products will take place when we deliver them to the address that you gave us. You will be responsible for the products when delivery has taken place and you will own the products when we receive payment in full for them and any related delivery charges.

If products are to be delivered to a person other than you, you undertake to obtain consent to give their personal details to us.

If any details provided by you to us are incomplete, incorrect or not current, to the full extent permitted by law, we will not be liable to you or a third party for a failure or delay in processing an order.

We use various freight companies (Delivery Company) to deliver the order.

We do not ship to PO Boxes. All parcels must be delivered to an address other than a PO Box.

You acknowledge and agree that, to the fullest extent permitted by law, we are not liable for any delays in delivery or damage to the products during transit, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity.

You acknowledge and agree that it is your responsibility to take delivery of the order promptly during the delivery time of the Delivery Company.  If you are not available to take delivery the Delivery Company may leave instructions on where to pick up the order or attempt to re-deliver the order at their sole discretion.  You acknowledge and agree that the order may be returned to us if you do not take delivery or collect your order as instructed by the Delivery Company and that you may be charged an additional delivery fee for re-delivery of the order.

In the event an order is returned to us undelivered we may charge a fee for re-delivery. 

In the event we are unable to deliver the order to the address instructed we will inform you, cancel the order and refund the cost of the order to you.

In the event that we genuinely provide you with the incorrect product please contact us within 48 hours of receiving the product at ecomm@tommyguns.com or call us at 250.869.1639.  We will provide you with information on the process for the supply of incorrect goods and you will be provided with the correct product without further charge.

We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for products is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part, we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.

All payments by credit card or debit card need to be authorized by the relevant card issuer. If your payment is not received by us and you have already received the products that you ordered from us, you must pay for such products within 15 days or must return them to us as soon as possible. You must keep the products in your possession, take reasonable care of them and not use them before you return them to us. If you do not pay for the products or return them to us in accordance with this paragraph: (i) we may collect the products for you at your expense (we will advise you if we intend to do this); and/or (ii) we may also charge interest on any balance outstanding at the rate of 3% per annum above the Bank of Canada’s base rate.

If we cannot supply you with the products that you have ordered, but you have already paid for them, we will refund you as soon as possible.

 

CANCELLATION

If your product is not available, we will contact you, cancel the order and return to you any money paid in respect of that product.

Once an order is placed the order cannot be cancelled.

 

RETURNS POLICY

We do not offer an exchange or refund for change of mind.

If a product is faulty or defective please contact us as soon as practicable at ecomm@tommyguns.com and we will provide you with information about our return process, which may involve sending photos, other information and the product to us.  If we determine the product is faulty or has a defect we will either provide you with a new product or refund price of product.  If we determine that the product is not faulty or does not have a defect we will return the product to you.  For the purpose of clarity a product is not faulty or defective due to fair wear and tear.

 

 

GENERAL TERMS

LIMITATION OF LIABILITY

You agree that your use of the Site is on an “as available” basis. As stated, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency of any content on the Site, or as to satisfactory quality or fitness for a particular purpose.

We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

You acknowledge and agree that, to the fullest extent permitted by law, Tommy Gun’s, its employees, related parties, directors, officers, agents, contractors and collaborators exclude liability, including direct or indirect loss, consequential loss, including damages for loss of profits, punitive and loss of opportunity, incurred that may arise from the use of the Site, including through the use of content and information, inaccuracies or incompleteness in the content, Third Party Content, any interruption to your business, computer viruses, corruption of data, delays in delivery, system malfunctions and failures, or other events beyond our control.

Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any content) exceed the amounts paid by you to us in relation to your use of the Site or its contents.

 

INDEMNITY

You agree to indemnify and keep us indemnified against any damage, loss or costs incurred by us in connection with your use of the Site, a breach of these terms, any inaccurate or false information provided by you, or the contravention of any law in connection with your use of this Site.

 

WAIVER

No waiver of a breach these Terms and Conditions by will be construed as a waiver by us of any other past or future breach of these Terms and Conditions.

 

SEVERABILITY

Where a provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, that part or provision will be severed to extent necessary and the remainder of the Terms and Conditions will remain in full force and effect.

 

TERMINATION

We may immediately, without issuing notice, suspend or permanently prevent you from accessing the Site in part or in whole if, in our reasonable opinion, you breach a provision of these Terms and Conditions.

 

NOTICES

Notices must be in writing and may be given by email unless otherwise stated in the Terms and Conditions or subsequently stated in writing by us.

 

FORCE MAJEURE

We are not liable for our a breach of our obligations under these Terms and Conditions if we are unable to fulfil our obligations due to an event beyond our reasonable control, including severe weather, fire, flood lightning, natural disaster, strikes, malicious damage, telecommunication or power or computer network failure, violent or disruptive events and events associated with any of these events.

 

JURISDICTION

These Terms and Conditions are governed by the laws in force in the Province of British Columbia and you submit to the non-exclusive jurisdiction of the courts of British Columbia in respect of any claim arising out of these Terms and Conditions.

 

 

E-COMMERCE SHIPPING & RETURNS POLICY

SHIPPING

Tommy Gun’s offers free shipping (within Canada) for all orders over $50.

Orders under $50 will incur a shipping fee of $5

For information on placing orders and delivery please read our Terms and Conditions.

All orders are shipped from within Canada in most cases within 2 business days.

These terms and conditions (together with our Privacy Policy and any applicable additional terms – expressly referred to in these terms and incorporated by reference) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.