Welcome to the Tini Monti Kids Inc. (“we”, “us” and “our”) website, www.tinimonti.com ("Site"). Please review the following terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
By visiting our site and/ or purchasing something from Tini Monti Kids Inc., you engage in our “Services” and agree to be governed by the following terms and conditions (“Terms”), including additional terms and conditions and policies referenced in this document or available by hyperlink. These Terms apply to all users of the website , including without limitation users who are browsers, customers, vendors, merchants, and/ or contributors of content.
By using or accessing any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, you may not access the website or use any services. Breach or violation of any of the Terms will result in immediate termination of the use of the site.
General
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting devices or networks. Credit card information is always encrypted during transfer over networks.
By agreeing to these Terms, you represent that you are at least the age of majority in the province or state where you live, and that you have consented to the use of this site by any of your minor dependents.
Prices + Services
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue our Services, to anyone at any time, without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Shopify Inc. provides us with the online e-commerce platform that allows sales to you.
Products or Services
We make every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We may 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 may also limit the quantities of any products or Services that we offer. All product descriptions or product pricing are subject, at our sole discretion, to change at anytime without notice. We may discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind. We take no responsibility whatsoever arising from or relating to your use of optional third-party tools.
Information Submitted To Us
If you choose to forward or transmit to this site or electronic mail or otherwise any communication, material (including personal data), questions or answers, comments, suggestions or the like, these will be treated as non-confidential and non-proprietary. We are free to use any ideas or concepts contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Personal Information
Personal information submitted by you is governed by our Privacy Policy.
Errors, Inaccuracies and Omissions
There may be information on our site or in our Services that, for example, contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We take no responsibility and have no obligation to update, amend or clarify information provided to you, including without limitation, pricing information, except as required by law.
Reliance on the information on this website is at your own risk.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
(1) to perform or solicit others to perform or participate in any unlawful acts;
(2) to violate any international, federal, provincial or state regulations, rules, or laws;
(3) to infringe upon or violate our intellectual property rights or the rights of others;
(4) to submit false or misleading information;
(5) to upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of the services or of any related website, other websites, or the Internet;
(6) to collect or track the personal information of others;
(7) to interfere with or circumvent the security features of the services or any related website, other websites, or the Internet;
(8) to use our products for any unauthorized purpose; or
(9) to act in any way to harm or defraud us or anyone you reach or identify or target through our website.
Disclaimer of Warranties; Limitation of Liabilities
The material on this website could include technical inaccuracies or other errors. Your use and browsing of the website is at your own risk. Neither Tini Monti nor any other party involved in creating, producing or delivering the website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this website.
The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tini Monti, its directors, officers, agents, suppliers, employees, service providers, subcontractors or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Indemnification
You agree to indemnify, defend and hold harmless Tini Monti and its officers, directors, agents, employees, licensors, service providers, subcontractors, and suppliers, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
Any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either of us. If we suspect that you have failed, or you fail, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. Even after termination, you will remain liable for all amounts due up to and including the date of termination.
Entire Agreement
Failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms and any separate agreements where we provide Services shall be governed by and construed in accordance with the laws of Ontario and Canada.
Changes to Terms
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms or to add new features or tools to the current store by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Safety Information
In no event shall Tini Monti be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or connected with the use or misuse of any product purchased from us. You agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks to your child before purchasing or using any product with or on your child. You agree that in the event that Tini Monti is deemed liable for any harm caused, the amount which it shall be liable to you shall be limited to the cost of the product.
Contact Information
Questions about these Terms should be directed to hi.tinimonti@gmail.com.
