Terms of Service
GENERAL TERMS AND CONDITIONS OF ONLINE SALE
By accepting these Terms of Use, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have obtained the consent of your legal guardians to allow your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in effect in your country (including, but not limited to, copyright laws).
You are prohibited from transmitting worms, viruses, or any malicious code.
Any breach of these terms and conditions will result in the immediate termination of your services.
TERMS AND CONDITIONS
We reserve the right to deny access to our services to anyone, for any reason, at any time. You understand that your content (with the exception of your credit card information) may be transmitted unencrypted and may involve (a) transmission over various networks; and (b) modifications to comply with the technical requirements of the networks or devices involved. Your credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, its use, access to it, or any contact information on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for reference purposes only and shall not limit or affect its scope.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We assume no responsibility for the accuracy, completeness, or timeliness of the information available on this site. The content of this site is provided for general informational purposes only and should not be used as a basis for decision-making without consulting primary sources of information that are more accurate, complete, and up-to-date. Any use of the content on this site is at your own risk. This site may contain historical information. Such information, by its nature, is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, without any obligation to update it. It is your responsibility to monitor changes to our site.
CHANGES TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice and at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be in limited supply and are subject to return or exchange only in accordance with our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s color display 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 products or services we offer. All product descriptions or prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the 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/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our opinion, appear to have been placed by resellers, retailers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can process your transactions and contact you as needed.
For more details, please see our return policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control, influence, or involvement.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranty, representation, or condition of any kind and without any endorsement. We assume no liability whatsoever regarding your use of optional third-party tools.
Any use by you of the optional tools offered on the site is entirely at your own risk, and you must ensure that you understand and agree to the terms of use for the tools provided by the relevant provider(s). We may also, in the future, offer new services and/or features via the website (including the release of new tools and resources). These new features and/or services are also subject to these Terms of Use.
THIRD-PARTY LINKS
Some of the content, products, and services available through our service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of such websites, and we do not warrant or assume any responsibility for any third-party materials or websites, or for any other third-party materials, products, or services.
We are not liable for any damages or losses arising from the purchase or use of goods, services, resources, content, or other transactions conducted in connection with these websites. Please carefully review the third party’s policies and practices and ensure that you understand them before entering into a transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific contributions (such as contest entries), or if we do not request them but you submit creative ideas, suggestions, proposals, plans, or any other materials—whether online, via email, by mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use the comments you submit to us. We are not and will not be under any obligation (1) to keep your Comments confidential; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but are under no obligation to, monitor, edit, or remove content that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon the intellectual property rights of any party or violates the Terms of Use provided.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, publicity, or any other personal or proprietary rights. You further agree that your comments will not contain any defamatory, illegal, abusive, or obscene content, nor any computer viruses or other malicious programs that could in any way affect the operation of the Service or any associated website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our privacy policy.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be errors, inaccuracies, or omissions regarding the description, prices, promotions, offers, shipping costs, delivery times, and availability of products displayed on our website or within the Service. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information on the Service or any associated website is inaccurate at any time and without notice (including after you have submitted your order).
We disclaim any obligation to update, modify, or clarify the information on the Service or any associated website, including, without limitation, pricing information, unless required by law. No date of update or revision applied to the Service or any associated website shall be deemed to indicate that all information on the Service or any associated website has been modified or updated.
PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you may not use the Site or its content: (a) for any unlawful purpose; (b) to solicit third parties to commit or participate in illegal acts; (c) to violate any local, international, federal, provincial, or state regulations, rules, laws, or ordinances; (d) to infringe 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 against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any associated website, websites, or the Internet; (h) collect or track the personal information of third parties; (i) spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any associated website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any associated website for violation of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent, or guarantee that your use of our service will be uninterrupted, fast, secure, or error-free.
We do not warrant that the results that may be obtained from using the service will be accurate or reliable.
You agree that from time to time, we may suspend the Service indefinitely or discontinue the Service at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless expressly stated otherwise by us) provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall BEHY.CA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any damages, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, loss of revenue, lost revenue, lost savings, data loss, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or products purchased through the Service, or for any other claim related in any way to your use of the Service or any product, including, in particular, any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if we have been advised of the possibility of such damages. Since certain states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.
COMPENSATION
You agree to indemnify, defend, and hold harmless BEHY.CA and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims, including reasonable attorneys’ fees, brought by a third party arising out of or resulting from your violation of the Terms of Use or the documents incorporated by reference therein, or your violation of any law or the rights of a third party.
SEPARABILITY
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such a determination shall not affect the validity and enforceability of the remaining provisions.
TERMINATION
The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Use remain in effect until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
If, in our sole discretion, you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Use, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may, as a result, deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement between you and us and govern your use of the Service. This includes any prior agreements, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafter.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the applicable laws of Canada. Each party hereto acknowledges the exclusive jurisdiction of the courts of the Province of Quebec.
CHANGES TO THE TERMS OF SERVICE
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service after any changes to the current Terms of Use are posted constitutes acceptance of those changes.
CONTACT INFORMATION
Questions? shop@behy.ca