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Terms & Conditions

This page has been designed to present the services offered by Cubs Refrain, 60 Tyndall Avenue, Unit 906, M6K 2E5, Toronto ON, Canada.

SITE CONTENT

Materials made available on cubsrefrain.com, including materials on linked sites or indirectly accessible through the web, are provided on such medium or in the manner described on the website without warranties of any kind, expressed or implied, including, without limitation, any of the commercial conditions. We guarantee that this site is free from errors, viruses, defamatory, offensive content or other harmful components. The customer assumes all costs arising from the services or the necessary repair or correction operations. This site may include publications with technical inaccuracies or typographical errors that Cubs Refrain reserves the right to correct as necessary at its sole discretion.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The intellectual property rights of this website, its source code, design, navigation structures and the various elements contained therein are owned by Cubs Refrain, who is responsible for the exclusive exercise of the exploitation rights of the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Canadian legislation. All rights reserved.

The user agrees to respect the rights of intellectual property and industrial ownership of Cubs Refrain. The Cubs Refrain portal, the pages it contains and the information or elements contained therein include texts, documents, photographs, drawings, graphic representations, computer programs, logos, trademarks, trade names or other distinctive signs protected by intellectual rights or industrial property, of which Cubs Refrain is the owner or legitimate licensee.

ACCESS AND USE

Access to this web page, as well as the use that can be made of the information and contents included in it, will be the exclusive responsibility of the user.

The conditions of access to this website will be subject to the legality in force and the principles of good faith and lawful use by the user, with any type of action to the detriment of Cubs Refrain being generally prohibited.

The access and/or use of the  portal attributes the condition of the user, who accepts, from that moment on the General Conditions of Use reflected here. This responsibility extends to the registration necessary to access certain services of the portal. In this registry the user undertakes to give truthful and lawful information. Likewise, the user undertakes to make responsible use of the content and services that Cubs Refrain offers, not using them to: (i) engage in illegal activities, illegal or contrary to good faith and public order, (ii) to disseminate content or propaganda of a racist, xenophobic, pornographic-illegal character, of apologetics of terrorism or violation of human rights; (iii) cause damage to the physical and logical systems of Cubs Refrain, its suppliers or any other physical or logical systems that are likely to cause the aforementioned damages.

Neither Cubs Refrain nor its employees shall be liable for any loss, claims or expenses of any kind that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns, line overload, disconnections, delays or blockages in the use, motivated by external causes, as well as damages that may be caused by third parties through illegitimate intrusions. The use of the website itself constitutes a warning to any user that these possibilities may occur.

The use of this website for illegal or unauthorized purposes shall be considered strictly prohibited. As Cubs Refrain reserves the right to deny or withdraw access to its website and/or services offered without prior notice, at its own request or from a third party, to users who breach these General Conditions of Use.

The validity of the mentioned conditions will depend on their exposure and will be in force until they are modified by others duly published.

Any form of exploitation, including all types of reproduction, distribution, assignment to third parties, public communication and transformation, by any means, of the aforementioned works, creations and distinctive signs is prohibited without previous and express authorization of their respective Headlines. Failure to comply with this prohibition may constitute an offense punishable by current legislation.

PAYMENT

Cubs Refrain offers different types of secure payments. The user can pay through the PayPal platform (with a 2.9% + $0.30 surcharge taxes included, with a minimum of $1 CAD), using their credit/debit card through Braintree, or through email transfer. Cubs Refrain does not, in any case, store sensitive information about PayPal accounts or the Braintree payment gateway.

RESPONSIBILITY

Cubs Refrain is not responsible in any way for any type of damage that could be caused to the users of this web page, or any other, for the illegal or improper use of the same, or the contents and information accessible or facilitated through it.

SERVICE

Cubs Refrain reserves the right to suspend access to its website, without prior notice, on a discretionary and temporary basis, for technical or other reasons, and may also unilaterally modify both access conditions and all or part of the contained therein.

HYPERLINKS

In the case that links to other websites are available on this site, Cubs Refrain will not exercise any type of control over said sites and contents. In no case shall Cubs Refrain assume any responsibility for the contents of any link belonging to a third party website, nor guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity and constitutionality of any material or information contained in any of said hyperlinks or other websites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

REQUIRED OR OPTIONAL FIELDS OF THE INFORMATION PROVIDED BY THE USERS AND TRUTHFULNESS OF THE INFORMATION

Fields marked with an asterisk (*) in the registration form to be completed by the user are strictly necessary, with inclusion of data in the remaining fields being voluntary. The user guarantees that the personal information provided to the website is truthful and is responsible for communicating any modification to their personal information.

GENERAL

Cubs Refrain reserves the right to add, remove or modify any or all of the terms of use at any time without prior notice. The foregoing clauses shall be governed by the laws of Canada. Neither Cubs Refrain nor its employees shall be liable for any associated damages whatsoever.

CORPORATE SOCIAL RESPONSIBILITY

It is Cubs Refrain’s commitment to contribute to sustainable development, with the participation of its stakeholders, in order to improve the quality of life of society as a whole. Cubs Refrain is committed to four basic principles:

Competitiveness:

Improvement of the products and/or production processes, resulting in greater customer satisfaction and loyalty. Increased motivation and loyalty of workers, which increases their creativity and innovation. Better public image, due to awards and/or greater knowledge of the company in the community. Better position in the labor market and better interrelation with other business partners or authorities, better access to public aid thanks to the better image of the company. Savings in costs and increased profitability, due to the greater efficiency in the use of human and productive resources. Increase in turnover/sales as a result of the mentioned items.

Commitment to workers:

Improvement of working conditions and job satisfaction. Reconciling work and family life. Equality of opportunity and diversity. Training and development of staff (including career planning). Communication to employees and participation in the decisions of the company.

Sustainable development:

Design of products or production processes that respect the environment. Efficient use of resources. Reduction of waste and pollution. Information to business partners, customers or society on environmental issues.

Participation in Stakeholders:

Activities to improve the quality or safety of products. Provision of voluntary services to clients. Fair price policies. Ethical advertising. Remuneration without delays to suppliers or business partners. Recruitment of local partners. Improvements to existing conditions in the supply chain. Support to the creation of business alliances at the local/regional level.

WARRANTIES OFFERED

The products sold have the guarantees offered by manufacturers and/or distributors of the same.

In any case, and unless there is evidence to the contrary, it will be understood that the products conform to the contract provided they meet all the requirements set forth below, unless for the circumstances of the case any of them is not applicable:

a. They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of sample or model.

b. Be suitable for the uses ordinarily intended for products of the same type.

c. They are suitable for any special use required by the consumer and user when it has been made known to the seller at the time of conclusion of the contract, provided the latter has admitted that the product is suitable for such use.

d. Present the usual quality and performance of a product of the same type that the consumer and user can fundamentally expect, given the nature of the product.

In cases of proven product disagreement with the contract, Cubs Refrain will proceed, as appropriate, to the repair, replacement, price reduction or termination of the contract, which will be free of charge to the consumer and user.

The deadline for informing about a lack of disagreement will be the legal one, which at the moment is two months since it became known. The warranty period is one year from the receipt of the order, provided that the nature of the article allows and that the defect or breakage is not due to misuse of the product.

GUARANTEES OFFERED ON INTERNATIONAL ORDERS

For international orders (outside Canadian borders), Cubs Refrain is NOT responsible for sending the product to the warehouses for repair and/or replacement, nor for any expenses that this may cause. For international orders (outside Canadian borders), Cubs Refrain is not responsible for any customs duties or taxes that may be incurred at the time of shipment of the product to the warehouses for repair and/or replacement. Also, for substitutions under warranty, the cost of shipping the product back to the customer’s home will be at the customer’s expense unless the product’s specifications indicate otherwise.

GENERAL POLICY OF SHIPMENTS AND RETURNS (*)

** It is advisable to always consult the specific Conditions of each product before making the purchase (tab that the user will find in Shipping and Conditions of the article), since it may include information about the term or particular shipping forms that are not included in the General Policy of Shipments and Returns.

1. SHIPMENTS WITHIN CANADA

The shipping costs within Canada are $3.95 CAD (per item) plus a base cost of $10 for all vinyl shipping. Local pick up have no extra cost. Shipments for Canada are done by Canada Post with regular mail and with an estimated delivery period of 5 to 7 business days for most of our products (Monday to Friday excluding holidays).

Express Shipping Option 24h. Some products may include the option Shipping Express 24h, in which case, the additional cost for this option will be reflected in the specific conditions of the product (tab in the description of the article).

2. INTERNATIONAL SHIPMENTS

The shipping costs to United States are $5.95 CAD (per item) plus a base cost of $10 for all vinyl shipping. Shipments for United States are done by Canada Post with regular mail and with an estimated delivery period of 7 to 10 business days for most of our products (Monday to Friday excluding holidays).

The international (territories outside of Canada and United States) shipments costs are $11.50 CAD (per item) with a base cost of $8.50 for all vinyl shipping. International (territories outside of Canada and United States) shipments will be made through the service of Canada Post with regular mail and with an estimated delivery period of 10 to 14 business days for most of our products (Monday to Friday excluding holidays).

The handling time from the time an order is placed until it leaves our warehouse is 24 hours (weekends and holidays NOT included).

Shipping costs include the handling, postage, packing and transportation of the parcel(s).

International deliveries are subject to local import duties and/or customs duties. Any additional expenses due to the payment of customs duties and/or taxes will be borne by the recipient. More information in Section 5 (Customs Information).

3. WITHDRAWAL, EXCHANGES AND RETURNS

3.1 WITHDRAWAL

The user has the possibility of exercising his right of withdrawal on the purchase of products made within fourteen (14) days, from the receipt of the order at the chosen delivery address.

The products must be in perfect condition, must not have been used beyond the verification of the product and must preserve the original ones, as well as their packaging and their case, the documentation and the original elements, also in perfect conditions.

If the return of the product occurs without the original packaging, Cubs Refrain reserves the right not to return the full amount paid if it is considered that the product has suffered a depreciation.

Returns of customized products according to the customer’s specifications or manufactured, adapted or made from specifications of the same will not be accepted.

Cubs Refrain reserves the right to refuse the return of products and assumptions of violation of what is established in private offers.

3.1.2 FORM OF EXERCISE OF THE RIGHT OF WAIVER:

In order to proceed with product returns, you must – within the fourteen (14) calendar days following the receipt of the order – send an email to the following address: info@cubsrefrain.com indicating the order number affected as well as the product or products being returned.

The shipping costs associated with the return by DISMISSAL (or change/replacement of model) will be of exclusive account of the buyer. For International Orders, the buyer must also bear the costs and/or customs duties if any.

Once the request for exercise of the right of withdrawal by the buyer has been received and once in possession of the returned goods, Cubs Refrain will proceed to the examination of the products received and then the refund of the purchase price will be made.

The refund for withdrawal will not be accepted in the following cases:

  • Excessive or abnormal use
  • When returned without its original packaging, incomplete in its essential components and / or without its accessories.
  • Articles included in article 102 of the General Law for the Defense of Consumers and Users.

The refund of the amount paid for the purchase of returned product will be carried out as soon as possible (less than 60 days from the confirmation of receipt of the product).

3.2 EXCHANGE/DEFECTIVE PRODUCT

If the product is defective, the buyer can request the exchange for a new model/product and/or similar characteristics. To do this, the buyer must contact info@cubsrefrain.com within fourteen (14) calendar days after receipt of the item. The customer will receive the instructions to proceed with the product exchange.

Cubs Refrain is not responsible for the damages that the article may suffer during its shipment to our facilities. These damages will be the responsibility of the company contracted by the client to carry out the shipment. To avoid such incidents, Cubs Refrain recommends that the products be protected by additional external packaging, or in any case as received by the customer. It is important to make sure to include the protection elements that could accompany the article or be part of its original packaging (cork, porexpan, bubble wrap, cardboard, etc).

Exchanges of products that do not have the original packaging and all components will be rejected.

The cost of sending to our warehouses a broken or defective product on which you request the exchange/replacement of the model or the refund of the amount (purchases from Canada), will be of exclusive account of Cubs Refrain as long as the amount of the postage DOES NOT exceed $6 CAD. (for products weighing less than 0.151kg). The buyer must send the receipt/invoice of the shipment so that Cubs Refrain approves the return of said postage.

3.2.1 RETURN POLICY:

In order to proceed to make returns of products with a factory defect, an address must be sent by e-mail to the address (within 14 calendar days of receipt): info@cubsrefrain.com a declaration in this sense indicating the order number concerned as well as the product or products to be returned and a detailed list of defects appreciated in them.

If the return of the product occurs without the original packaging, Cubs Refrain reserves the right not to return the full amount paid if it is considered that the product has suffered a depreciation.

Once in possession of the merchandise object of return, Cubs Refrain will proceed to the examination of the products received.

If there is a defect in the factory, and if the above mentioned conditions are fulfilled, Cubs Refrain will proceed with the substitution of the same with another manufacturer of the same characteristics.

If it is not possible to replace it, Cubs Refrain will inform the user of this circumstance and proceed to pay the user the amount corresponding to the purchase of the product.

In that case, the refund of the amounts paid for the purchase of returned product will be carried out as soon as possible (less than 60 days from confirmation of receipt of the product).

4.TRANSPORTATION INCIDENCES

All our items leave the store with the packaging in perfect condition. If the buyer observes external damages when receiving the package; it is IMPERATIVE to make it appear on the delivery note of the courier indicating: “PACKAGE VISUALLY DETERIORATED”.

This incident must be communicated to info@cubsrefrain.com within 48 hours after receiving the order, scanning and attaching the delivery note.

This documentation is essential to validate the claim, resolve the incident, send a new product and remove the hit. In case of not acting in this way, this company assumes that the damages have suffered subsequently to these 48h.

4.1 DELAYED DELIVERIES AND SECOND DELIVERIES

In case the customer has not correctly indicated the delivery address of the product (because it is incomplete or incorrect), is not at home at the time of delivery or directly refuses delivery, the order will be returned to our warehouse. The customer has the possibility to cancel a second delivery and request the refund of the purchase. The refund will be deducted $6 for the cost of shipping the failed delivery.

To make a second delivery, the customer will pay $6 following the indications of the incident team to make the payment. To avoid this type of situation, it is highly recommended when ordering, check that all fields (address, telephone, name and email) have been correctly indicated.

5. ORDER CANCELLATIONS

If you just made the purchase of one of our products, but for whatever reason, you want to proceed with its cancellation so that we do not send them to you, you must contact us by writing an email to info@cubsrefrain.com with the subject CANCELLATION followed by the NUMBER OF ORDER, and we immediately proceed to cancel your order and we will carry out the refund of the amount of your purchase.

* IMPORTANT: Cancellations are only accepted if the order is in its handling period (Status: Processing). If the order has left our warehouses (State: Sent), it would be a withdrawal (see Art 3.1). In no case cancellations by telephone are accepted, all must be communicated via email to the address above.

6. CUSTOMS INFORMATION

INTERNATIONAL ORDERS

When you place an order on cubsrefrain.com, to be delivered to a non-Canadian territory, you may have to pay import duties and taxes upon arrival of the product to your destination. This is because the recipient of the order becomes the importer of the goods, so it must comply with all applicable laws and regulations in the country or territory in which they are received. Any additional expenses due to the payment of customs duties and/or taxes shall be borne by the recipient. Cubs Refrain has no control over this type of expense and therefore it is not possible to anticipate its amount. Since customs policies vary significantly from one country to another, we advise you to contact the appropriate customs office to obtain information on import restrictions that apply to certain products.

The customs offices of some countries require the registered importer to provide some type of identification before proceeding with the dispatch of an order. As a registered importer, you may be asked to provide yourself or the person to whom you are sending the consignment with a personal identification number.

PRIVACY

Your privacy is essential to us. However, international trade is subject to inspections and reviews carried out by the customs authorities. Therefore, we may be obliged to provide the transport companies with whom we work with certain information regarding the products of your order. It is also possible that this information must also be shared with the relevant authorities to facilitate compliance with existing legislation.


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