Privacy notice
WEBSITE TERMS OF USE
By using HBI CANADA’s website, you agree to these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your use of this website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of HBI Canada, its affiliates or its content suppliers and protected by Canada and international copyright laws. The compilation of all content included in or made available through this website is the exclusive property of HBI Canada and protected by CANADA and international copyright laws.
TRADEMARKS
Click here to see a non-exhaustive list of trademarks belonging to HBI Canada and its affiliates. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available in this website are trademarks or trade dress of HBI Canada and its affiliates in CANADA and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by HBI Canada that appear in this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
PATENTS
One or more patents owned by HBI Canada, or its affiliates apply to products sold on this website. Other products may be licensed by third-party patent holders. accessible via the Amazon Services. Portions of the Amazon Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, HBI Canada grants you a limited, non-exclusive, non-transferable, non-sublicensable license for use of this website. This license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use, or any Service Terms are reserved and retained by HBI Canada or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HBI Canada. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HBI Canada without express written consent. You may not use any meta tags or any other "hidden text" utilizing the name or the trademarks of HBI Canada without its express written consent. You may use this website only as permitted by law. The licenses granted by HBI Canada terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any this website to order products, you are responsible formaintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HBI Canada does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may not use this website. Tobacco, e-cigarettes, vaporizers and other listings on this website are intended for adults. HBI Canada reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
COPYRIGHT AND TRADEMARK COMPLAINTS
HBI Canada respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright and/or trademark infringement, please contact admin@hbicanada.com with details.
RISK OF LOSS
All items purchased from HBI Canada are made pursuant to a shipment contract known as “F.O.B.” This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If items are damaged or missing in transit, you should contact the shipping company.
PRODUCT DESCRIPTIONS
HBI Canada attempts to be as accurate as possible. However, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product we offer itself is not as described, your sole remedy is to return it in unused condition for a refund.
PRICING
HBI Canada cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our website may be mispriced. If the correct price of an item we sell is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
HBI CANADA warrants the goods supplied under this invoice (the “Goods”) conform to the description stated on the reverse side of this. THIS WARRANTY IS HBI CANADA’S SOLE WARRANTY WITH RESPECT TO THESE GOODS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED UNLESS AN EXPRESS WARRANTY ACCOMPANIES A GIVEN GOOD. HBI CANADA'S LIABILITY FOR BREACH OF WARRANTY IS LIMITED SOLELY TO THE REPLACEMENT OF THE GOODS. YOU MUST GIVE NOTICE OF A WARRANTY CLAIM WITHIN THIRTY (30) DAYS FROM DATE OF DELIVERY OR YOU WAIVE ALL WARRNATY CLAIMS WITH RESPECT TO THOSE GOODS. THE FOREGOING YOUR SOLE REMEDY AND HBI CANADA’S SOLE LIABILITY UNDER THIS WARRANTY.
HBI CANADA’S LIABILITY TO YOU, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED IN ANY CASE THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE YOU PAID AND UNDER NO CIRCUMSTANCES SHALL HBI CANADA BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE GOODS IS CONSIDERATION FOR LIMITING SELLER'S LIABILITY. YOU AGREE TO BRING ANY ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS INVOICE WITHIN ONE (1) YEAR AFTER THE DATE OF THIS INVOICE OR YOU WAIVE YOUR RIGHT TO BRING AN ACTION. YOU ALSO AGREE HBI CANADA WILL NOT BE LIABLE FOR (A) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (B) INDEMNIFICATION OF BUYER OR OTHERS FOR COSTS, DAMAGES OR EXPENSES ARISING OUT OF OR RELATED TO THE GOODS.
CLAIMS
Your claims for shortages or errors in delivery must be made within five (5) days after the delivery of the Goods. Goods are sold subject to the standard manufacturing practices of HBI CANADA’s suppliers. Goods purchasedbased on weight are subject to customary quantity variations recognized by practice in the industry.
Returns. You must first obtain authorization from HBI CANADA before returning goods for credit.
Shipment. Delivery terms are F.O.B. HBI CANADA’s distribution center in Phoenix, Arizona. You assume all risk of loss or damage upon HBI CANADA’s delivery to the carrier at the point of shipment. Scheduled dates of delivery are determined from the date of HBI CANADA’s acceptance, and orders you place and are estimates of approximate dates of delivery, not a guaranty of a particular date of delivery. HBI CANADA shall not be liable for any damages caused by failure or delay in shipping the goods described herein, if such failure or delay is due to any war, embargo, riot, fire, flood, accident, mill condition, strike or other labor difficulty, an act of Buyer, an act of God, an act of a governmental authority, transportation shortage or failure, inability to obtain sufficient fuel, labor, materials or manufacturing facilities, or any other cause beyond HBI CANADA’s reasonable control.
SECURITY INTEREST
Sales and shipments to You are subject to meeting the requirements of our credit department. HBI CANADA retains a purchase money security interest in all goods not paid for in full, notwithstanding that the goods have been delivered to You. You authorized HBI CANADA to execute and file financing statements describing the goods, and other document that HBI CANADA may request to evidence its security interest.
INDEMNIFICATION
In addition to the foregoing, you agree to save and hold HBI CANADA harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or in part, directly or indirectly, out of the negligence or lack of care by You or Your customers, agents, employees or invitees involving the use of the goods HBI CANADA's supplied. This indemnification shall include all costs, attorney’s fees and other expenses paid or incurred by or imposed upon HBI CANADA in connection with the defense of any such claim.
GOVERNING LAW
Any agreement arising out of this transaction shall be deemed to have been made in Phoenix, Maricopa County, Arizona. The parties agree that the validity, interpretation and performance of any agreement arising out of this transaction shall be governed by the laws of the State of Arizona without regard to conflicts of interest laws. You and HBI CANADA agree to submit the exclusive jurisdiction for the resolution of any disputes hereunder to the courts of Maricopa County, Phoenix, Arizona. This shall be the sole and exclusive jurisdiction and venue for the purpose of adjudication of any rights and liabilities hereunder.
DEFAULT
In the case of Your default or breach in the performance of any or all the provisions of this agreement, you shall be liable for HBI CANADA’s expenses incurred in exercising any remedies available to it, including reasonable attorney’s fees and legal costs and expenses.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of this website. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS:
HBI Canada
520 East Kent Ave S,
Vancouver, BC
V5X 4V6
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT
If you believe that your work or trademark has been copied in a way that constitutes copyright or trademark infringement, please submit your complaint via email to admin@hbicanada.com. We respond quickly to the concerns of rights owners about any alleged infringement.
HBI Canada’s Copyright Agent for notice of claims of copyright and trademark infringement on its site can also be reached as follows:
HBI Canada
520 East Kent Ave S,
Vancouver, BC
V5X 4V6
Please note that this procedure is exclusively for notifying HBI Canada that your copyrighted material has been infringed.
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