Terms of service

Overview

Welcome to OakLune! The terms "we", "us" and "our" refer to OakLune. OakLune 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"). OakLune 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 province or territory of residence (18 years old in Ontario), 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, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete.

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. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted 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 quantities offered to any person, geographic region or jurisdiction.

Section 3 – Orders

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

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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

All prices displayed on the Services are listed in Canadian Dollars (CAD) unless otherwise stated.

The price charged for a product will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email. Prices do not include applicable taxes (HST/GST/PST) or shipping fees unless expressly stated. Applicable taxes and shipping charges will be clearly calculated and displayed at checkout before you complete your purchase.

We do not charge hidden fees. The total amount you see at checkout is the total amount you will be charged.

Prices, discounts, and promotions may change at any time without notice. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided, and you authorize us to charge your selected payment method for the full order amount, including applicable taxes and shipping fees.

We reserve the right to refuse or cancel any order if we suspect fraud, unauthorized activity, or an error in pricing or product information.

Section 5 – Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, Canada Post disruptions, weather, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 – Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by OakLune, its affiliates or licensors and are protected by 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, republish, download, store, or transmit any of the material on the Services without our prior written consent.

OakLune's names, logos, product and service names, designs, and slogans are trademarks of OakLune or its affiliates or licensors. You must not use such trademarks without the prior written permission of OakLune.

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 8 – Third-Party Links

The Services may contain links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 9 – Relationship with Shopify

OakLune 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 OakLune. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and OakLune. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with OakLune.

Section 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Canadian privacy legislation. By using the Services, you acknowledge that you have read our Privacy Policy.

Section 11 – Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice.

Section 13 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful purpose; (b) to violate any federal, provincial or municipal laws or regulations of Canada; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send any "junk mail," "chain letter," "spam," or similar unsolicited commercial communications in violation of CASL; (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Section 14 – Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Section 15 – Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY OAKLUNE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 16 – Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL OAKLUNE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Section 17 – Indemnification

You agree to indemnify, defend and hold harmless OakLune, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

Section 18 – Severability

In the event that any provision of these Terms of Service 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 19 – Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

Section 20 – Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 21 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree that any dispute arising out of or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada.

Section 22 – Headings

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

Section 23 – Changes to Terms of Service

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 24 – Refunds & Returns

Returns and refunds are governed by our Refund Policy.

Section 25 – Customer Complaint – Faulty Product

If you believe you have received a defective, damaged, or incorrect product, please contact us at support@oaklune.com within 30 days of delivery and provide your order number along with photos of the issue.

If a product is confirmed to be defective or incorrect, we will, at our discretion: