Terms and Conditions

Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

 General 

This web site is owned by Boomerluxe Inc., with principal offices at 2111 Dundas Street West, Toronto Ontraio Canada M6R 1W9 (Boomerluxe.com).  Access and use of Boomerluxe are subject to the Boomerluxe Privacy Policy and the terms and conditions below (“Terms and Conditions”).

We reserve the right to change these Terms and Conditions by updating this posting.  Please check these Terms and Conditions periodically for changes.  Customers continued use of Boomerluxe.com and following the posting of changes to these Terms and Conditions will mean customers accept those changes. 

 Consent

By using this web site customers agree to the terms and conditions set out below. Information provided on this web site is provided for Canadian residents only. Boomerluxe.com makes no representations that the material is appropriate for residents of other jurisdictions. Boomerluxe.com makes no representations that these products or merchandise are available anywhere outside of Canada or are legal for sale in any jurisdiction outside of Canada.  

All orders and purchases made on Boomerluxe.com are subject to the following online shopping terms and conditions:

  1. Pricing: All prices listed on this web site are in Canadian dollars and all charges will be processed in Canadian dollars. In the event of any inadvertent errors or inaccuracies in pricing, Boonerluxe.com may correct these and change or update information on this web site at any time without notice including in respect of prices and availability.  
  2. Non-Commercial Use: Customers may only purchase or order items for non-commercial, personal use and any other use is not permitted.  Customers may not sell or resell any products customers purchase or otherwise receive from Boomerluxe.com.  Boomerluxe.com reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to customers that may result in a violation of these Terms and Conditions, as determined by Boomerluxe.com in its sole discretion.
  3. Shipping and Delivery: For items being shipped outside of Canada, a surcharge may be apply based on the destination.  Boomerluxe will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods stated, but will not be responsible for any delays in delivery which are beyond its control.  Boomerluxe will make best efforts to notify customers in the event of any delays in delivery.
  4. Returns: Any products damaged during delivery may be replaced at no charge to the subscriber.  A shipping surcharge in Canada may not apply but may apply shipping outside of Canada.

 No Endorsement

No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this web site. Boomerluxe.com is not responsible for the content of any other web site whether or not it is linked from or to this site.

 Trade Marks

Certain other trademarks and trade names relating to brand names of other products and services mentioned in this web site are the trademarks and trade names of their respective owners.

 Permitted Use

All content which forms part of this web site is the property of or licensed to Boomerluxe.com. Customers are authorized to copy material on one computer for customers personal, non–commercial use only, or e–mail the information to a person who customers feel may be interested in the content, provided that any copy of this material retains all copyright, disclaimer or other proprietary notices on it. Any other copying of this web site in whole or in part or any modification of any material is prohibited and violates Boomerluxe’s and its licencors intellectual property rights.

Nothing in this web site should be construed as granting any other right or license to any intellectual property of Boomerluxe.com, its licencors or any third party. Customers may not make any commercial use of any material from this web site, include such material in any product customers make or distribute, or copy such material onto any other web site.

 Acceptable Use Policy for Customers Ratings, Reviews, Comments and Communications

Comments, ratings, reviews and communications (collectively, “Postings”) entered by users on any part of Boomerluxe.com are the responsibility of the user entering the Postings.  Boomerluxe.com has no responsibility for these postings.  However, Boomerluxe.com retains the right, which it may or may not exercise in its sole discretion, to review, edit or delete any Postings which Boomerluxe.com deems to be illegal, offensive or otherwise inappropriate.  

Customers hereby represent and warrant that customers have all necessary rights in and to all Postings customers provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, or otherwise unlawful information.  CUSTOMERS AGREE TO INDEMNIFY BOOMERLUXE.COM FROM ANY DAMAGES, LOSSES, COSTS OR EXPENSES WHICH BOOMERLUXE.COM, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND AUTHORIZED REPRESENTATIVES MAY INCUR AS A RESULT OF POSTINGS.

By contributing Postings to Boomerluxe.com, customers give (or warrant that the owner of such rights has expressly given) to Boomerluxe.com and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to customers.  In addition, customers acknowledge and agree that customers have waived any moral rights in customers Postings. Customers further agree that Boomerluxe.com is free to use any ideas, concepts, know-how, or technique contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to customers.

 Limitation of Liability

Boomerluxe.com and its affiliates (collectively, "Affiliates") shall not be liable for any damages or injuries whatsoever arising out of or relating to the use of this web site or any web site linked to this web site, whether or not such damages or injuries might be foreseeable and whether or not Boomerluxe.com or its Affiliates have been negligent.

 TO THE FULLEST EXTENT PERMITTED BY LAW, BOOMERLUXE.COM IS PROVIDING BOOMERLUXE.COM "AS IS" AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH BOOMERLUXE.COM, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. BOOMERLUXE.COM DOES NOT WARRANT THAT THE FUNCTION OF BOOMERLUXE.COM OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BOOMERLUXE.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BOOMERLUXE.COM BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF BOOMERLUXE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF BOOMERLUXE.COM, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL BOOMERLUXE.COM’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY CUSTOMERS FOR ACCESSING THIS SITE. 

 No Warranty

The content of this web site is provided for general information only.  Although Boomerluxe.com will try to ensure that this web site is current and does not contain inaccuracies, Boomerluxe.com does not warrant the quality, accuracy or completeness of any information available on this web site. The material may contain inaccuracies or typographical errors. The material is provided "as is". Boomerluxe.com does not make any warranties, whether expressed or implied, respecting any information, services or products described in or offered from this web site.

 Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada without giving effect to any principles of conflicts of law.  Customers agree that any action at law or in equity arising out of or relating to these Terms and Conditions or Boomerluxe.com shall be filed only in the provincial or federal courts located in Ontario and customers hereby submit to the nonexclusive jurisdiction of such courts. If any provision of these Terms and Conditions shall be void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforce-ability of any remaining provisions.  This is the entire agreement between us relating to the subject matter hereof.

 

LAST UPDATED: August 24, 2015