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TERMS & CONDITIONS

"Alway strive to introduce the new, even if it's not in keeping with your own likes"

-BOB IANSON

The www.heirloomluxurylinens.com web site (the “Site”) is owned, operated and maintained by Heirloom Linens Ltd., the entity that operates a retail store in Canada under the name Heirloom Linens. We refer to Heirloom Linens Ltd. as “Heirloom Linens.” We refer to all the foregoing entities collectively as “we”, “us” or “our”. We hope you enjoy using the Site.

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Agreement with Our Terms and Conditions

By using this Site, you agree to accept the terms and conditions of this agreement (“terms and conditions”). If you do not agree with our terms and conditions, please do not use our Site. We reserve the right, at our discretion, to modify, change, add or remove portions of these terms and conditions at any time. Your continued use of the Site following any changes shall be deemed to be your acceptance of such changes.

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User Information

In the course of using the Site, you may provide or we may collect personal information about you. We are committed to protecting the privacy of our customers’ personal information and explain our policies with respect to the use and disclosure of such personal information in our Privacy Policy incorporated into these terms and conditions.

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Accessibility

We are committed to making the Heirloom Linens shopping experience available to all our customer, including those with disabilities. We cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities. If you notice any feature, content, or functionality of the Site that is not accessible to people with disabilities, please email us at info@heirloomluxurylinens.com. We cannot promise that we will make the changes you suggest, but we will take your input into consideration.

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Site Restrictions on the Use of Materials

The Site and all of its content (including Materials Submitted to Us) are copyrighted materials, protected by Canadian, U.S. and international copyright laws and other intellectual property laws and regulations. The compilation of content on our Site is either owned by or is licensed to Heirloom Linens. All Site content may not be used for any purpose other than shopping, browsing, and using the information provided for your own private use. We include certain trademarks owned by other parties on our Site, these trademarks are the property of their respective owners.

 

You agree not to copy, modify, or reproduce any portion of the Site. Everything you download from the Site, remains the property of Heirloom Linens and is for personal use only. You agree that your access to, and permitted use of, this Site is a privilege and not a right. We may prohibit your access to or use of this Site at any time without prior notice. You agree that we reserve the right to terminate or block your use of the Site.

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Materials Submitted to Us

Content submitted by you through our Gift Registry or User Generated Content, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. We will not pay you for any information that you provide which is used by us.

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Treatment of Sales Tax

We may be required by law to change goods and services tax, provincial sales tax, or harmonized sales tax on your purchase of products from our website. We may also be required to charge tax on shipping charges. We do not collect goods and services tax, provincial sales tax, or harmonized sales tax on gift cards, as the appropriate taxes will be charges on the purchase when the gift card is redeemed.

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Disclaimer, Limitation of Liability and Release

If for any reason you are not satisfied with a purchase that you make from our Site, please contact us.

THE SITE AND ANY CONTENTS THEREIN, THE OPERATION AND CONTENTS INCLUDED ON THIS SITE ARE PROVIDED AS AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULT AND WITHOUT REPRESENTATION WHETHER IMPLIED OR STATUTORY REGARDING MERCHANTABILITY, ACCURACY, RELIABILITY WITH RESPECT TO THE SITE AND ANY CONTENTS THEREIN, THE OPERATION OF THE SITE, THE INFORMATION AND CONTENT ON THIS SITE ARE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, COMPLETELY DENIED AND DISCLAIMED.

BY USING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND HEIRLOOM LINENS AND ITS OWNERS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY WHATSOEVER THAT MAY RESULT OR ARISE, EVEN IF HEIRLOOM LINENS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR RELIANCE UPON, USE OF OUR SITE OR ANY CONTENT THEREIN OR ANY OTHER WEBSITE TO WHICH YOU HYPERLINK FROM OUR SITE.

WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT. IN THE EVENT THAT THE LIABILITY FOR ANY DAMAGES CANNOT BE EXCLUDED BY APPLICABLE LAW YOU AGREE THAT SUCH LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU HEREBY WARRANT THAT YOU ABSOLUTELY RELEASE HEIRLOOM LINENS FROM ANY CLAIM OR DEMAND THAT YOU MAY INCUR OR SUFFER WHETHER ARISING IN ANY CONNECTION WITH THE SITE AND ITS CONTENTS.

YOU AGREE THAT THE LIMITATION ON LIABILITY ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.

THIS SITE MAY CONTAIN INACCURACIES AND MAY NOT BE CURRENT OR COMPLETE. HEIRLOOM LINENS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. ERRORS AND OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.

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Indemnification

You agree to defend and hold harmless Heirloom Linens against any claims, damages, liability and expenses suffered or incurred by Heirloom Linens, arising out of your access to this Site.

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Jurisdiction and Applicable Law

Unless otherwise specified, the materials on our Site are given to provide information about Heirloom Linens and products offered for sale to visitors.

These terms and conditions and the agreement they create shall be governed by and interpreted to the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding the body of law applicable to choice of law. The United Nations Convention on Contacts for the International Sale of Goods shall not apply. Any dispute between you and Heirloom Linens, or any other person arising from relation to this Site, these terms and conditions, or any related matter will be resolved before the Provincial and federal courts in Victoria, BC and you agree that such venue is the most appropriate concerning your use of this Site and the transactions contemplated thereby.

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Additional User Agreement Terms and Conditions

We do not imply that the materials on our Site are available for use outside Canada. If you use the Site in locations outside Canada, you do so at your own risk, and are responsible for compliance with any local laws and regulations.

You access and use the Site complying with all applicable laws and regulations of Canada relating to the privacy and transmission of technical data from Canada or the country in which you reside. You represent that you are not a resident in any country or jurisdiction where we are prohibited from communicating with you and agree that you shall not access this Site from such country that is on the Area Control List of the Exports and Imports Permit Act of Canada.

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If any provision of this agreement is unlawful it will not affect the validity of any remaining provisions. We may modify these terms and conditions, and the agreement they create, at any time, without notice to you.

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