Terms and
conditions of use
By
accessing our
website, you, the user, agree to use the terms and conditions set out
here.
These terms and conditions may change at our discretion at any time and
without
prior notice. All orders and purchases made through this site are
governed by
these terms and conditions. The purchase of merchandise through the
TitanOwl.com
website is strictly limited to parties who can lawfully enter into and
form
contracts on the site in accordance with the laws of the jurisdiction
of their
residence. By entering the TitanOwl.com website you agree that you will
access
the content solely for your personal, non-commercial use. All
illustrations,
designs, icons, graphics, photographs, pictures and any other items
included in
this website are the exclusive property of TitanOwl.com unless
otherwise
stated.
These Terms & Conditions apply to the purchase of goods from
TitanOwl.com
only.
DEFINITIONS
In
these Terms and
Conditions:
1.
"Seller", "us" and "we" are references to the owner of this website,
TitanOwl.com, which has a
parent registered corporation in Canada
2.
"Buyer", "you" and "your" are references to the purchaser of the goods
from us;
3.
"Goods" means the
goods specified in the Seller's invoice;
4.
"Contract" means
the contract between Seller and Buyer for the sale and purchase of
the
Goods which incorporates these Terms & Conditions;
5.
"Terms" means these
terms and conditions;
6.
"Site" means the TitanOwl.com website.
PURCHASING
GOODS
ONLINE
7.
In order to make
purchases through the site, the buyer will be requested to register and
provide
personal details. In particular, buyers must provide their real name,
phone
number, e-mail address and other requested information as indicated.
8.
When ordering
items, the buyer will be required to provide payment details and you
represent
and warrant that the payment details you provide on ordering are both
valid and
correct and you confirm that you are the person referred to in the
billing
information provided.
9.
When an order is
made online, the order confirmation issued by the company clearing the
credit/debit card payment does not constitute acceptance of your order
by us.
We reserve the right to check any discrepancies and an order will only
be
processed when it is verified by us to be accurate and within the
guidelines
set forth in these terms.
10.
All orders are
subject to acceptance and availability.
11.
Any error in the
ordering process due to technical or other reasons beyond the seller's
control
entitles us not to treat the order as being binding on us.
12.
Purchases made on
the site are for the personal or gift use of the buyer only and are not
to be
used for re-sale. The site displays products, which form its
collection. They
are normally products that are in stock and available for dispatch,
however on
occasion certain products that are in particularly high demand will
sell out
quickly. Should this be the case, you can contact our customer care
department
at info@TitanOwl.com
who
will be happy to add your details to the waiting list
and contact you should the item again become available to arrange
payment.
YOUR
ORDER
13.
Once a choice has
been made and the order has been placed, the buyer will receive an
email
acknowledging the details of the order. This email is NOT an acceptance
of the
order. Unless the buyer cancels the order in accordance with the
seller's
Cancellation Policy, acceptance of the order and completion of the
contract
between buyer and seller will be perfected when we dispatch the goods
to you.
14.
The sale contract
is therefore concluded in the Canada and the language of the contract
is
English. The contract will be subject to these terms and conditions and
governed by Canadian law and the buyer agrees to submit to the
non-exclusive
jurisdiction of the United States Courts in respect to any dispute that
may
arise under it.
The
seller reserves
the right not to accept the buyer's order in the event, for example,
that we
are unable to obtain authorization for payment or that the item ordered
is out
of stock.
Your
use of any TitanOwl.com product is subject to all agreements including
the Terms of
Use and
Conditions.
All
TitanOwl.com
products are intended for use with essential oils, and contain heating
elements
and sensitive mechanics. The products are not intended for
illegal
purposes, included but not limited to the consumption of narcotics,
THC, or THC
derivatives (collectively "foreign combustibles". The use of
foreign combustibles or other unintended materials may result in damage
to the
contents of the product or degradation of the materials and mechanics
within
the product. Any warranty, express or implied, shall be voided by
improper use. By opening the packaging, you confirm your
acceptance of
the Terms of Use.
PRICE
15.
Prices shown on
the site are in U.S. Dollars (USD). All prices and offers remain valid
and as
advertised from time to time. The price of a product displayed on the
site at
the time the order is accepted will be honored.
16.
If the buyer is
from outside the United States, the buyer may also incur duties levied
by the
jurisdiction to which you have specified delivery. Furthermore, a buyer
from
outside the U.S. may also be subject to higher postage and packaging
costs. The
seller reserves the right to request additional shipping fees prior to
the
Goods being dispatched, and to not accept the order should the
buyer not
fulfill the seller's requests to pay additional postage and packaging
fees.
PAYMENT
17.
Payment for Goods
and for the cost of packaging and delivery where applicable must be
made before
the Goods are dispatched.
18.
Payment can be
made by Visa, Master Card, Discover, or American Express. In all cases,
delivery will not occur until we are satisfied that the payment has
cleared.
19.
If the issuer of
the buyer's payment card refuses to authorize payment to the seller, we
will
not be liable for any delay or non-delivery.
20.
All credit card
transactions on this site are processed using Intuit Merchant Services,
a
secure online payment platform that encrypts your card and/or banking
details
in a secure host environment. The seller does not hold any credit card
details
on our site or in our customer database.
DELIVERY
21.
The seller will
give the buyer an estimated delivery date for the goods, but no such
estimated
times or dates provided by us are guaranteed.
22.
The seller will
arrange for packing according to the method of delivery chosen by the
buyer
during the checkout process.
23.
Should the buyer
choose USPS as a method of shipping, responsibility for the purchased
goods
passes to the buyer at the time USPS takes possession of the good.
24.
Should the buyer
choose UPS or FED EX as a method of shipping, the responsibility for
the
purchased goods passes to the buyer when the shipper records
"DELIVERED" in
their respective tracking information.
25.
The buyer must
check the goods immediately upon delivery and contact the seller if
there are
any problems with the goods. The buyer must notify the seller within 24
hours
of delivery to ensure prompt attention as completed orders are filed
away
daily.
26.
In the case that
the goods have been damaged in transit, the buyer must keep all
packaging, as
this may be required when making a claim.
The
seller will not be
liable for any loss, damages or penalty resulting from delay in
delivery of the
goods when such delay is due to causes beyond the reasonable control of
the
seller, including without limitation, supplier delay, force majeure,
act of
God, labor unrest, or fire. In any such event, the delivery date will
be deemed
extended for a period equal to the delay.
CANCELLATION,
RETURN
& EXCHANGE
27.
The seller's chief
objective is to ensure the buyer is fully satisfied with their
purchase. If,
for any reason, the buyer is not satisfied with the
goods purchased from
our website, the buyer has a right to return the product (within 7
working
days from the date that product is received) for an exchange or a
store
credit that could be used for future purchases. The buyer need not
give
any reason. The notice of exchange or return has to be made in
writing; an
email will suffice:Info@TitanOwl.com.
In the event of a return or exchange, we require that you return
the goods
to us at your own cost. For sanitation purposes, all
clothing and
hats purchased (included but not limited to: Men's/Women's T
Shirts,
Men's/Women's Tank Tops, Snapbacks, Beanies, Pullover Hoodies) are
considered final sale. No store credit / exchanges / returns will
be
accepted under any circumstances.
28.
In order to help
with the return of your order you must obtain a Merchandise Return
number
(MR) by emailing info@TitanOwl.com within the cancellation period.
29.
Our return address
is detailed on your original invoice. Failure to obtain an MR does not
affect
your legal, consumer rights.
30.
The buyer must
take reasonable care of all goods in their possession and return
them to
us, with their original packaging, within 7 days from the date the
MR
number was issued.
31.
In order to
qualify for exchange/store credit, the goods or packaging may not
have
been used or damaged, and the goods must be returned in
their original
packaging, and accompanied by all items comprising the product.
REGISTRATION
In
order to shop on
the seller's site all users must be registered. The
details provided are
saved in our database in order to process the order and to
facilitate and
speed up future purchases. Please see our Privacy Policy for more
details regarding how TitanOwl.com manages this information.
OPT-IN
OPT-OUT POLICY
Users
of this site may
access, amend or delete any data filled in on the registration
form at any
time; either in writing, or via email at info@TitanOwl.com
The
seller may from
time to time contact you by email with information on new products;
special
discounts or other information we believe may be of interest to you.
Any e-mail
we send you will contain an easy unsubscribe link from all future mail
shots.
OUR
LIABILITY
The
website is
accessed and used at your own risk. Although reasonable efforts have
been made
to ensure that all details on the website are current and contains no
inaccuracies or errors, no guarantees are made that the website's
content will
be error free, accurate and current at all times.
Waiver
of Liability:
I,
being above the age
of 18 years of age or the parent of a child under the age of 18 years
of age,
agree to all terms as follows: I acknowledge and understand that the
product
purchased here is adult activity that requires strenuous exercise and
various
degrees of skill and experience for individual. I understand that these
activities can result in serious injury to the person and damages to
property
and voluntarily assume any and all risk associated with loss, damage or
injury
while using these products. I am aware of the risks, hazards and
dangers of
personal injury, death and disability inherent, hazards and dangers of
personal
injury, death and disability. I am aware that the usual risks, hazards
and
dangers of personal injury and disability increase with inexperience. I
hereby
agree to release and forever discharge TitanOwl.com or it's Parent
Company, and
their agents, servants, employees, officers, directors, trustees and
all other
persons or entities acting on their behalf and the manufacturer from
any and
all claims, actions, damages, liability, cost or expenses and attorney
fees
which are related to, arise out of, or are in any way connected to my
participation
or use of the products, use of equipment or property supplied by
TitanOwl.com or
its parent company or my presence upon the premises, whether or not
such
claims, actions, damages, liability, cost or expenses are caused by the
negligence of the seller, the manufacturer or the distributor. By this
AGREEMENT, it is my intention to surrender and waive any rights to sue
or
exercise any legal right to seek damages from TitanOwl.com or its
Parent Company
and their agents, servants, employees, officers, directors, trustees
and all
other persons or entities acting on their behalf. This AGREEMENT shall
be
affecting and binding upon my heirs, agents, personal representatives
and
assigns. I hereby certify that I am over the age of 18 years of age. I
have
carefully read the foregoing and acknowledge that I understand and
AGREE to all
of the above terms and conditions. I have had the opportunity to ask
any and
all questions regarding this AGREEMENT and the affect of the same. I am
aware
that by purchasing this item and sending/remitting payment for it/them,
I
assume all risk and waive and release certain substantial rights that I
may
have or possess. I therefore release all liability and waive all rights
I may
have in regards to my child's activities with the above item(s).
