terms and conditions
Terms and Conditions (“Terms of Use”) Please Read Carefully
Your use of the Datenitebox.ca website (the “Website”) and ordering products on the Website (the “Service”) is conditional on your agreement with these Terms of Use. The Terms of Use is an agreement between You and The DateNite Box Inc. (the “Company”, “We” or “Us”). We have the right to modify these Terms of Use at any time. It is your responsibility to check Terms of Use periodically for changes. Your continued use of the Website means that you have accepted and agreed to changes to the Terms of Use. If you do not agree with each provision of this Agreement you may not use the Website.
Placing Orders for Goods
If You wish to place an Order for Goods, You may be asked to supply certain information relevant to Your Order (“Personal Data”) including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. Company only collects and uses Personal Data in accordance with Canadian Privacy Legislation.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; (ii) the information You supply to us is true, correct and complete; and that you are 18 years of age or older.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
You must be 18 years of age or older to place an order with us.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
· Goods availability
· Errors in the description or prices for Goods
· Errors in Your Order
Suspected fraud or unauthorized/illegal transaction
Cancellation and Refunds
You may cancel an order and receive a refund if the Goods are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement. please send Us a quick email to hello@datenite.ca and we'll take care of it promptly!
* You have 14 days from date of purchase to ask for a full refund
* Boxes are to be returned in their original form - unused and not damaged
* Unfortunately, We do not offer any exchanges at this time
* The order will be picked up from your location
You will not be entitled to a refund if:
· The supply of Goods made to Your specifications or clearly personalized
· The Goods are perishable
· The Goods are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
· The Goods are inseparably mixed with other items.
· The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We endeavour to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We cannot guarantee that products advertised on the Website will be available when ordered or thereafter. We do not warrant that the content of the Website including, without limitation, product descriptions or photography, is accurate or complete.
The DateNite Box Inc. reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to You; (b) change at any time the products advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products, any promotional offers and any other Website content without any notice or liability to You; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
All prices and other amounts appearing on the Website are quoted in Canadian dollars
Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in on a recurring monthly basis, depending on the type of Subscription plan you select when purchasing the Subscription box.
Subscription cancellations
You may cancel Your Subscription renewal via email by reaching out to hello@datenitebox.ca
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms of Use.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.
Intellectual Property
The Service and its original content features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by North American copyright, trademark, and Intellectual Property Laws
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Reviews
Any reviews posted may be moderated for appropriateness. We reserve the right (but not the obligation) to remove or edit reviews. If You do post a review, You agree that We and third parties we may license, may use, copy and distribute the review. You grant The DateNite Box Inc. and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that the content you post is accurate you agree to indemnify The DateNite Box Inc. for all claims resulting from content you supply. We reserve the right not to post any review at our sole discretion.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms of Use including but not limited to liability arising out of your use of any of the Goods purchased through the Website and the Service, Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party Goods used with the Service, or otherwise in connection with any provision of this Terms of Use), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Governing Law
The Terms of Use, the Services and Your access to and use of the Website and all related matters are governed solely by the laws of Ontario and applicable federal laws of Canada. Any dispute between you and The DateNite Box Inc. or any other person arising from, connected with or relating to the Website, the Terms of Use, or any related matters will be resolved before the Courts of Ontario, sitting in the City of Toronto.
Any rights not expressly granted by this Agreement are reserved to The DateNite Box Inc.
Contact Us
If you have any questions about these Terms of Use You can contact us by email: hello@datenitebox.ca