TERMS OF SERVICE

OVERVIEW

Welcome to Pace & Drip! The terms "we", "us" and "our" refer to Pace & Drip. Pace & Drip operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Pace & Drip is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Pace & Drip reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Pace & Drip confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because our products are made to order, we may be unable to accommodate cancellation or modification requests after an order has entered production.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to returns, replacements or refunds solely in accordance with our Return and Refund Policy and applicable law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges where such amounts are permitted to be excluded under applicable law.

Prices posted in our online store may differ from prices offered through other sales channels. We may offer promotions from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your information as necessary so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are duly authorized to use the payment method provided, and that you will pay all charges incurred by you at the prices presented to you, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Production and delivery times are estimates only and are not guaranteed.

Because our products are made to order, production time is separate from shipping time. Please refer to our Shipping Policy for current production, shipping and delivery information.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete shipping information provided by the customer, or events outside our reasonable control, except where otherwise required by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand names, logos, text, displays, images, graphics, product designs, video, audio, and the design, selection and arrangement thereof, are owned by Pace & Drip, its affiliates or licensors and are protected by applicable Canadian and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any intellectual property rights of Pace & Drip, Shopify or any third party.

Pace & Drip's names, logos, product and service names, designs and slogans are trademarks or intellectual property of Pace & Drip or its licensors, as applicable. You must not use them without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. To the extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided.

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so subject to the terms and policies of those third parties.

To the extent permitted by applicable law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content offered by third parties. Please carefully review the third party's policies and practices before engaging in a transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Pace & Drip is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Pace & Drip.

By using the Services, you acknowledge that Shopify provides the ecommerce platform supporting our store but is not the seller of Pace & Drip products. To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims arising from products purchased directly from Pace & Drip.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and service providers that may be located outside your country or province of residence, as described in our Privacy Policy.

Please review our Privacy Policy for more information about how personal information is collected, used and disclosed.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us, to the extent permitted by applicable law, a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, improving and promoting the Services.

You represent and warrant that you own or have all necessary rights to the Feedback you provide and that your Feedback does not violate applicable law or the rights of any third party.

We reserve the right, but have no obligation, to monitor, edit or remove Feedback that we determine violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions and to change or update information where necessary.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate any applicable international, federal, provincial, state or local law; infringe upon the intellectual property or other rights of others; harass, abuse, threaten or harm another person; transmit false or misleading information; distribute malicious software; engage in spam, phishing, scraping or other abusive activities; impersonate another person or entity; or interfere with the security or operation of the Services.

We reserve the right to suspend or terminate access to the Services where we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, where permitted by applicable law.

You will remain liable for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply following termination, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law and Privacy.

SECTION 15 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the information presented on or through the Services is made available for general information purposes.

Except for warranties or guarantees that cannot lawfully be excluded, the Services are provided "as is" and "as available."

Nothing in these Terms is intended to exclude, restrict or modify any warranty, guarantee, condition, right or remedy that cannot lawfully be excluded or restricted under applicable consumer protection law.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PACE & DRIP AND ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Pace & Drip, Shopify, and our respective affiliates, partners, employees, agents, contractors, licensors and service providers from third-party claims, losses or liabilities arising from your material breach of these Terms, violation of applicable law, or violation of the rights of a third party.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us in respect of the Services constitute the agreement between you and us concerning your use of the Services, subject to rights and obligations imposed by applicable law.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign your rights or obligations under these Terms without our prior written consent, except where otherwise permitted by applicable law.

We may transfer, assign or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein.

Nothing in these Terms limits any rights or remedies available to consumers under applicable consumer protection laws or other laws that cannot be waived by agreement.

SECTION 22 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update or change these Terms by posting updates to our website, subject to applicable law. Where required by law, we will provide notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service can be submitted through our Contact Page.

Pace & Drip
Québec, Canada