Terms of Service
Terms and Conditions
Updated December 10, 2018
Welcome to rockymountaindecals.ca, as operated by Rocky Mountain Decals. These are our rules if you want to use our website and the services or products available from our website. If you do not agree to these rules, you cannot use our site or purchase our products. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities.
We hope there won’t be any problems and that you will reach out to us if you are having issues with our site or products.
1.0 Site Services
We agree to provide you with services, or the “Service” through rockymountaindecals.ca. In exchange for providing this service, we require you to follow these rules:
- You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
- Don’t use the Site to do anything illegal or break the rules in these Terms.
- Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
- Don’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
- Don’t encourage anyone to break these rules.
- Use your common sense, and be a good human.
2.0 Your Rights
2.1 You have the right to feel safe using Site.
3.0 Our Rights
3.1 We are not responsible for the following: links to other companies or websites, even when the link shows up on the Site; what happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights; the data cost on your mobile device for using Site or its services.
4.0 Intellectual Property Rights All images, text, designs, graphics, trademarks and service marks are owned by and property of Rocky Mountain Decals, or the properly attributed party. It is a violation of United States and Canadian law to use any of our intellectual property in whole or in part without permission, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible. Do not use or share our photos without express permission.
5.0 This Agreement
5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.
5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.
5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.
5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.
5.5 No one else besides you and us (no third parties) have rights under this agreement.
5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.
6.0. Advertising, Affiliates and Testimonials
This site may share testimonials or reviews from customers about our products. All testimonials are from real customers and reflect their individual experiences and may not be reflective of everyone’s experience. We suggest your read our instructions carefully so you have the greatest chance of success with your decal on your particular wall. If you leave a product review you are giving us a irrecovacale, worldwide perpetual license to reproduce, distribute, share, or make a derivative copy of that review for any purposes in any medium.
7.0 Refunds & Payment Collection
We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully. Because of the custom nature of our products, we do not offer refunds or exchanges. If you have received a defective, incorrect or damaged item, please reach out to us within 90 days at firstname.lastname@example.org. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
8.0. Shipping & Taxes
8.1. Shipping is combined for multiple purchases to keep shipping costs down. Delivery time is between 3-7 business days within Canada via Canada Post. Please note transit times for International Orders varies by destination country. It can take between 2-5 weeks for delivery of your product. Any delays are typically caused by the Customs Agency in the destination country and are beyond our control or liability. We are not responsible for delayed orders because of Customs or import/export issues. If you are shipping an item over $75, we recommend using a trackable shipping service or purchasing shipping insurance.
8.2. Import duties, taxes, and charges are not included in item price or shipping cost. These charges are the buyer's responsibility. Please check with your receiving country's Customs office to determine what these additional costs will be before purchasing.
9.0 Limits on Liability
9.1 Site operates as is, and we can't guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.2 We cannot predict when issues might arise with our service or our products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data, or any kind of damages connected to you using the Site or using our products. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past twelve months. At no time will we be responsible for claims beyond the replacement value of the defective product or in any way be liable or responsible for consequential or incidental damages. Rocky Mountain Decals will issue credit to the customer upon inspection of returned product or item.
9.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or connected with these Terms or your purchase of our products from this Site. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.
10.0 Product Warranty
10.1 The decals on this site are not designed or intended primarily for children 12 years of age or younger.
10.2 All statements, technical information, recommendations and/or instructions about our products are based upon tests on smooth walls and while our statements about our decals are believed to be reliable, they do NOT constitute a guarantee or warranty. All products are sold with the understanding that the Customer has independently determined the suitability of each decal for their proposed wall location, after considering the size, humidity, texture of the wall, and/or cleanliness of the wall, and tested the product for at least 10 days before moving furniture etc into the room. In the unlikely event that decals fall from the wall, Rocky Mountain Decals is not liable for any damage caused.
10.1 Do not adhere decals where they could be reached by babies and children. If you are unsure if you have smooth walls and if the product will safely adhere, please test the decal on a wall without children or babies present. Please do not leave babies or children unattended at any time.
11.0 How We Will Handle Disputes
11.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration to the fullest extent permissible by law.
11.3 The laws of Canada, to the extent not preempted by or inconsistent with other law, will govern these Terms and any claim, without regard to conflict of law provisions.
11.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at email@example.com.