Terms & Conditions
Effective Date: January 31, 2017
- Ownership. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to our content suppliers and us. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. We reserve all rights not expressly granted under these Terms. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users (e.g. product reviews). We take no responsibility and assume no liability for any content posted by users or any third party.
- User License. Our Site is licensed to you, not sold, so you will not acquire any ownership rights in the Site under these Terms. We grant you a limited, non-exclusive, non-transferable, and revocable license to access the Site solely for your own needs. You must not reverse engineer, disassemble or decompile any part of our Site, except and only to the extent that the applicable law expressly permits doing so.
- Takedown Requests. We respect the intellectual property rights of others. All claims of copyright infringement committed using our Site will be investigated if reported to us via email: firstname.lastname@example.org . If we believe that any material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
By using this Site, you represent, warrant and agree that:
- You are 13 years of age or older .
- If you place an order, you have a full capacity to form a legally binding contract.
- You will provide a valid payment method information when necessary and pay all sums due when due.
- The title to the items purchased does not transfer to you until we have received payment in full.
- You are responsible for all activity that occurs under your account.
- You will not sell, transfer or assign your account to anyone else. You are responsible for keeping your login credentials confidential. You will not attempts to obtain other users’ login credentials.
- You will not submit any untrue or misleading information to the Site, during registration and afterwards. You will update your information as necessary to maintain its accuracy.
- Our Site may contain typographical errors or other inaccuracies.
- Submission of untruthful product reviews, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
- Our maximum liability with respect to any item sold will be limited to replacing that item or refunding payment made. In no event will we be liable for indirect, incidental or consequential damages.
- Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- You will not access our Site in order to gain a competitive advantage.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
- All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms and Conditions.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity.
REMEDIES FOR BREACH OF THESE TERMS
- We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms and Conditions or available under equity or law.
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
SHIPPING & PROCESSING
- Shipping. On average, orders take about 3 business days to process but can take up to 7 business days, depending on seasonality. Certain products, such as pre-orders, are marked with longer shipping times. Notifications are usually sent if we cannot order your item from the manufacturer/supplier (in the case of backordered items). Processing times do not include shipping transit times. Mevara does not ship on Saturdays or Sundays. All estimated shipping and processing times are in business days (not counting the weekends). If an order is damaged or lost by the shipping carrier please contact us immediately.
- Order Acceptance. Customer's receipt of an electronic or other form of order confirmation does not signify Mevara's acceptance of the order, nor does it constitute a confirmation to sell. Mevara reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Mevara upon our delivery of products to the shipping carrier. Customer agrees to allow Mevara to phone or e-mail in the event of suspected fraudulent activity. We may require additional verifications or information before accepting any order.
- Will Call/Pick Up. A will call or pick up service is not offered at this time.
- Product Images & Colors. Every effort has been made to display as accurately as possible the colors of our products that appear on our Site. However, the actual colors seen on screen will depend on monitor settings. Mevara cannot guarantee color accuracy. Product images on the Site are for representational purposes only. Actual product may vary.
All payments must be made by Visa, Mastercard, Discover, American Express, Apple Pay or through PayPal. Customer agrees to pay all fees and charges incurred in connection with purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Mevara of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Mevara does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Mevara or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Mevara shall automatically charge and withhold the applicable sales tax for orders to be billed to localities deemed required.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, product reviews, posts, articles, and images, (ii) your breach of these Terms, any law or regulation, (iii) your infringement of any intellectual property or privacy right of any person or entity, and (iv) any sale of items you conducted using our services.. This indemnification provision shall apply to third-party claims as well as claims between you and us.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
GOVERNING LAW & JURISDICTION
These Terms are governed by the laws of the Province of Alberta. You agree to submit to the exclusive jurisdiction and venue of the courts located in Edmonton, Alberta.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
- Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- No Waiver. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR AN ALLEGEDLY UNSATISFACTORY ITEM. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Please direct your questions, comments or concerns to: