Terms of Service
Welcome to the English language Canadian website of Kings & Rebels. This Website is owned and operated by Kings & Rebels located at Kings & Rebels GmbH, Eschstrasse 6, 48565 Steinfurt, Germany
Agreement
Access to and use of this Website and its Content are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website.
Definitions
The term “Content” refers to all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.
The terms “Kings & Rebels,” “we,” “us,” and “our” refer to Kings & Rebels Canada.
The term “Feedback” refers to the Content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website.
The terms “Personally Identifiable Information” and “PII” refer to individually identifiable information about you that could permit one to identify or contact you. Examples of PII include your name, address, and email address.
The term “Terms of Use” refer to these terms of use.
The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others. Examples of User-Generated Content are information you provide as part of a promotion and comments you make in response to a blog or social media post; Feedback is also considered User-Generated Content.
The term “Website” refers to kingsandrebels.ca, including the Kings & Rebels Canada online store, which is owned and operated by Kings & Rebels SAS.
The terms “you” and “your” mean any user of this Website.
Minors
This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18 years without the permission of a parent or guardian.
Orders, Taxes and Payment Options
All prices on this website are in Canadian dollars. We accept all of the following payment methods: Visa, MasterCard, Amex. Purchases made on our Website are securely sent to our offices where they are reviewed. Once the order is verified and paid in full, it will be processed and delivered.
All advertised prices exclude sales tax. GST/HST/QST are applicable at the following rates, based delivery address:
- Ontario: 13% HST
- New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island: 15% HST
- Alberta, British Columbia, Manitoba, Northwest Territories, Nunavut, Quebec, Saskatchewan, Yukon: 5% GST
- Quebec: 9.975% QST
Our best efforts are put towards maintaining an updated inventory. Should an item be out of stock, you will be notified promptly and given the choice between receiving a refund for the item or the option to wait for the item to be restocked and sent at a later date. Customers accept to pay for goods and services purchased through the Website and recognize that buying goods or services online is equivalent to purchases made in a physical store.
Product & Services Information
All references on this Website to information, materials, products, and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.
Ownership
Unless otherwise indicated, this Website and all of its Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States and Canada, and all Content and intellectual property rights therein are the property of Kings & Rebels or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.
The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Trademarks
The Kings & Rebels logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Kings & Rebels (the “Marks”). You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Responsibility for User-Generated Content Posted on or Through this Website
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.
This means that you, not Kings & Rebels, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Removal of User-Generated Content
Violation of copyrights. Kings & Rebels does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
Your Feedback
Although we do not claim ownership of User-Generated Content you post using this Website, the Feedback you provide to us through this Website will be and remains our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practise, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read it carefully. All Personally Identifiable Information provided to us as a result of your access to and use of this Website will be handled in accordance with our Privacy Policy.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT AND AGREE THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.
Your statutory rights as a consumer, if any, under federal and state law, including the State of New Jersey, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our officers, directors, employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms of Use are inapplicable within the State of New Jersey to the extent they disclaim liability for Kings & Rebels’ own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by Kings & Rebels to exercise reasonable care in preventing the unlawful acts of others.
Your Obligations
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Website.
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact Kings & Rebels at support@kingsandrebels.ca) and until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to use any data mining, robots, or similar data gathering and extraction methods to obtain data from the Website. You also agree not to use bots or other automated methods to place orders through the Website. Kings & Rebels, may suspend you or terminate your account for exceeding rates, determined at Kings & Rebels’ sole discretion, of gathering information from or placing orders through the Website. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Kings & Rebels reserves all rights and remedies available to it.
Your Indemnification Obligations
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website (including any information, materials, products or services available through this Website).
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
Typographical Errors
In the event that Kings & Rebels erroneously lists a product at an incorrect price, we reserve the right to refuse or cancel all orders of the product listed at the incorrect price. Kings & Rebels reserves the right to refuse or cancel such orders even if the order has been confirmed and charged to your credit card account. In the event that the order has already been charged to your credit card and your order is canceled, Kings & Rebels is committed to reimbursing your credit card for the full value of the incorrect price.
Entire Understanding
These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Website and no representation, statement, inducement, oral or written, not contained herein shall bind any party to this agreement.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right under these Terms of Use or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Various
Use of this site shall be governed in all respects by the laws of the Province of Quebec, Canada, without regard to choice of law provisions and not by the U.N. Convention 1980 on Contracts for the International Sale of Goods. You agree that jurisdiction and venue of meeting in any legal proceedings directly or indirectly arising out of or about this website (including, but not limited to the purchase of Kings & Rebels products) will be made in provincial or federal courts located in Montreal, Quebec. Any cause of action or claims related to the site (comprising, but not limited to the purchase of Kings & Rebels products) should be commenced within one (1) year after the claim or cause of action has arisen.
The lack of Kings & Rebels to emphasize or impose strict performance of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor commercial practises will act to modify any of these general terms and conditions. Kings & Rebels can assign its rights and duties under this agreement to any party at any time without notice.
Website Use
Harassment in any manner or form on the website via email or blog, or using obscenities or abuse is strictly prohibited. You may not upload, distribute, or publish through the site any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or objectionable which may constitute or encourage an offense, violate rights in any way that can cause liability or violate any which law. You cannot upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or of any other organization.
Shipping
A delivery fee of $9.99 will be added for any order.
Kings & Rebels relinquishes all property rights to the buyer when the products are handed to the shipping company. The delivery of the products is subject to the rules of the shipping company as well as the rules concerning the signing of a received receipt for the products. If you are absent at the time of delivery, you will be responsible to track, and recuperate the products according to the rules and procedures of the shipping company. If an order item is damaged during shipping, is incorrect, or missing, you must immediately contact Kings & Rebels. To contact us, write to support@kingsandrebels.ca Kings & Rebels will not be held responsible for any items that have not been returned within a maximum of 30 days after the order has been delivered.
Contacting Us
If you have any questions regarding these Terms of Use or any other matter, you may contact us at the following email: support@kingsandrebels.ca