Terms of Service

The www.harryandcece.com website, including any content, functionality and services offered therein (the “Site”), is operated by Harry and Cece (“we,” “us,” and “our”). These terms and conditions (the “Terms of Service”) govern your use of the Site. Harry and Cece offer the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our Site or purchasing something from us, you agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein or available by hyperlink, including our Privacy Policy and Return Policy. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. If you do not agree to all the terms and conditions herein, then you may not access the Site.

Any new content, functionality or services which are made available on the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

If you breach any provision of these Terms of Service, your right to access and use this Site shall cease immediately.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – USE OF THE SITE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site 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 may be used in any way that will affect the functionality or operation of the Site or of any related website; (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; (k) to interfere with or circumvent the security features of the Site or any related website; or (l) to licence, sell, rent or lease any part of the Site. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

SECTION 2 - GENERAL CONDITIONS

You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Site that provide you the ability to send an electronic communication to us. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally there may be information in the Site that contains typographical errors, inaccuracies or omissions, or historical information that may 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 Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We are not responsible if information made available on this Site is not accurate, complete or current.

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

SECTION 4 - PRODUCTS AND SERVICES

Prices and availability of our products are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.

Certain products or services may be available exclusively online through the Site. 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 on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services 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 or services that we offer. All descriptions of products are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

A promotion advertised on the Site is subject to availability and is not an indication of availability. We reserve the right to amend, modify, extend or cancel any promotion without advance notice to the public.

SECTION 5 - BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address or phone number 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 our Site. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that all information you provide to register with the Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, it is your responsibility to keep such information confidential. You are solely responsible for all activities undertaken through the Site using your username, password, or other secure information. You must notify us immediately of any unauthorized or suspected unauthorized use of your secure information. We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your secure 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 Service.

SECTION 6 - OPTIONAL TOOLS

We may 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 such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site 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 provider(s). By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Site may include materials from third parties over whom we do not have control.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. The inclusion of any link does not imply endorsement by us of the website. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 8 – INTELLECTUAL PROPERTY

We own and retain, or have licensed from the owner, all proprietary rights in the Site and in all content, trademarks, trade names, service marks, documents and other materials, and other intellectual property and proprietary materials related thereto (the “Intellectual Property”). We grant you a nonexclusive, non-transferable, and revocable license to access and use the Site for your personal use. No license to sell or distribute the Intellectual Property is granted or implied. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way the Intellectual Property. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Subject to the limited licenses granted in these Terms of Service, no licence is granted to you or any other party for the use of our Intellectual Property.

Any third-party trademarks, service marks or other intellectual property displayed on through the Site are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third-party intellectual property used on this Site, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third-party intellectual property for your own purpose.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to maintain any Comments in confidence; to pay compensation for any Comments; or to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content 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 of Service.

You agree that your Comments 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 Comments 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 Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments.

SECTION 10 - PRIVACY

Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms of Service. We are committed to protecting your privacy. Please review our Privacy Policy which outlines how we collect personal information, how we use that information and your rights and responsibilities regarding personal information collection.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

You agree that from time to time we may remove or restrict access to the Site or parts thereof for indefinite periods of time or permanently, without notice to you. We will not be liable if for any reason, all or any part of the Site is unavailable at any time or for any period.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Harry and Cece, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content or product posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Service or use of the Site. Our performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Harry and Cece and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

These Terms of Service will remain in full force and effect while you use the Site.

You acknowledge and agree that we, in our sole discretion, may terminate your access to the Site for any reason, including, without limitation, your breach of these Terms of Service. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Site. You acknowledge and agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and bar any further access to the Site. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Site. Upon termination, your information may be deleted or kept as necessary.

SECTION 15 – WAIVER AND ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - DISPUTE RESOLUTION

In the event a dispute arises out of or in connection with these Terms of Service, you and Harry and Cece shall attempt to resolve the dispute through friendly consultation.

If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by you or us, with the assistance of a neutral mediator jointly selected by you and us. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by you and us in writing, either you or we may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia.

The Site is controlled, operated and administered by us from our offices within Canada. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

SECTION 18 – ENUREMENT

These Terms of Service will be binding and will ensure to the benefit of the legal representatives, successors and assigns of the parties hereto.

SECTION 19 - CONTACT INFORMATION

We welcome your questions or comments regarding these Terms of Service. We can be contacted by e-mail at info@harryandcece.com.
Effective as of October 19 2020