Fandom Culture

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Terms of Use

Terms & Conditions

  1. INTRODUCTION AND ACCEPTANCE

Welcome to fandomculture.ca. fandomculture.ca (“Website, Site”) is an interactive online service operated by Fandom Culture Ltd. (“Fandom Culture”, “us”, “we”, or “our”) with an online e-commerce store branded as Fandom Culture (“us”, “we”, or “our”).

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENCES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE SITE OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the same.  In addition to these Terms of Use, Fandom Culture Ltd. has established a Privacy Policy  to explain how user information is collected and used by Fandom Culture Ltd. A copy of the Privacy Policy can be found here and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are signifying your acknowledgement and agreement to Fandom Culture Ltd.’s Privacy Policy.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

  1. PRODUCTS, CONTENT AND SPECIFICATIONS

Fandom Culture Ltd. may, at any time, for any reason and without notice, make changes to (i) fandomculture.ca (“Website”), including its look, feel, format, and content, as well as (ii) products and prices of products as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms and Conditions upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.  Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Furthermore, all product and service recommendations are for convenience and informational purposes only. Fandom Culture Ltd., which operates this Website, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time.  We reserve the right to discontinue any products at any time for any reasons.  It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. Any DVDs and similar products sold are for private, non-commercial, home use (where no admission fee is charged), and non-public performance may not be duplicated.  By placing an order, you represent that the products ordered will be used only in a lawful manner.

  1. SHIPPING LIMITATIONS

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. If a package is received damaged due to transport, contact us with forty-eight (48) hours of receiving your package, and we will assist you with your claim. Visit ITEMS DAMAGED IN TRANSIT for directions on how to proceed with claim.

  1. ACCURACY OF INFORMATION, MODIFICATIONS AND INTERRUPTIONS

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, product or service suitability, or accuracy of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice.  We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the E-commerce Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or the E-commerce Offerings.

We cannot guarantee the Website and the E-commerce Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the E-commerce Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the E-commerce Offerings during any downtime or discontinuance of the Website or the E-commerce Offerings. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or the E-commerce Offerings or to supply any corrections, updates, or releases in connection therewith.

  1. INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. The software, content and other technology components of this Website are proprietary to Fandom Culture Ltd., or its affiliates and suppliers. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content.  All rights not expressly granted in these Terms of Use are expressly reserved.

  1. SCOPE OF USE AND USER E-MAIL

The Website Content and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material.  You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.  You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws.

The commercial use, reproduction, transmission or distribution of any information, or other material available through the Website without the prior written consent of Fandom Culture Ltd. is strictly prohibited.

  1. COPYRIGHT AND TRADEMARKS

The materials at this Website, as well as the organisation and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions.  Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of Fandom Culture Ltd. or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Fandom Culture Ltd., its affiliates, suppliers, or such other owner.

Except as expressly provided under the “Scope of Use” Section, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Fandom Culture Ltd.

Fandom Culture Ltd. respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@fandomculture.ca.

  1. LINKING TO THIS WEBSITE

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

  1. THIRD PARTY LINKS

From time to time, this Website may contain links to websites that are not owned, operated or controlled by Fandom Culture Ltd. or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other website. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

  1. INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

  1. CUSTOMER RATINGS, REVIEWS AND SUBMISSIONS TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews, questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) offered by Fandom Culture Ltd.

By submitting any content to Fandom Culture Ltd., you guarantee that:

  • You are the sole author and owner of the intellectual property rights in the content;
  • All “moral rights” that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • You are at least 18 years old;
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any unapproved third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Fandom Culture Ltd. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Fandom Culture Ltd. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Fandom Culture Ltd.’s sole discretion. Fandom Culture Ltd. reserves the right to change, condense, withhold publication, remove or delete any content on Fandom Culture Ltd.’s website that Fandom Culture Ltd. deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Fandom Culture Ltd. does not guarantee that you will have any recourse through Fandom Culture Ltd. to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Fandom Culture Ltd. reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Fandom Culture Ltd., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Fandom Culture Ltd., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

  1. USER INFORMATION

Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

  1. USER REPRESENTATION

By using the Website, you represent and warrant that:

  • all registration information you submit will be true, accurate, current, and complete;
  • you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • you have the legal capacity and you agree to comply with these Terms of Use;
  • you are not a minor in the jurisdiction in which you reside;
  • you will not access the Website through automated or non-human means, whether through a bit, script or otherwise;
  • you will not use the Website for any illegal or unauthorized purpose; and
  • your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

  1. ACCOUNT NAME AND PASSWORD

You are required to have an account name and password for certain activities on the website. You agree to keep your password confidential and will be responsible for all use of your account and password. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Website.  We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use the Website. We may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. Fandom Culture Ltd. does not assume any responsibility, or will be liable, for any damages arising from or related to your failure to keep your password secure.

  1. ELECTRONIC COMMUNICATIONS

When you visit this Website or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Website. 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.

  1. CONTESTS

All contests are governed by this Agreement, the applicable Contest Rules as well as applicable legislation. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement, the applicable Contest Rules as well as applicable legislation.

  1. PURCHASES AND PAYMENTS

All prices listed on the Website are in Canadian Dollar (CAD) unless otherwise noted, and are subject to change without any notice. All orders within Canada are subject to applicable taxes according to the Province. All orders outside of Canada will not incur any taxes.

We currently accept the following forms of payment:

Paypal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be listed in CAD dollars.

Paypal will automatically convert to the appropriate currency. You are responsible for all costs of currency conversion. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when purchasing from our Website, which we have no control over.

We DO NOT process or retain your credit card information on our website.  Paypal is the payment processor we use for all transactions, for their privacy policy visit Paypal Privacy Policy .

We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  1. REFUND AND EXCHANGE POLICY

Returns or exchanges will only be issued for purchases within thirty (30) days of the order’s ship date.  Refunds or exchanges will only be accepted for chests in their original condition, and items that are in original/unopened packaging, unused/unworn, and with all paperwork, parts & accessories for credit of the purchase.  Any incurred shipping charges, gift wrap, and other charges (if applicable) are not refundable.  Customized greeting cards are not refundable.

Please note that refunds may only be issued to the purchaser, and can only be provided in the original form of payment. Fandomculture.ca only accepts PayPal as our form of payment, we will credit the Debit or Credit Card attached to your PayPal account.  All refunds and exchanges are at the sole discretion of Fandom Culture Ltd.  You may visit the refund and exchange policy at Fandom Culture Return Policy and Process

  1. SUBSTITUTIONS AND CANCELLATION

We reserve the right to make substitutions to products of equal or greater value as required to ensure the timely delivery of your Chest. Orders cannot be changed or cancelled within forty-eight (48) hours of the shipping date.

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Site for violations of these Terms of Use;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and the E-commerce Offerings.

  1. SPAMMING

Gathering email addresses from Fandom Culture Ltd. through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Fandom Culture Ltd. should be directed to info@fandomculture.ca.

  1. DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FANDOM CULTURE LTD. NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER FANDOM CULTURE LTD. NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LEGISLATION FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LEGISLATION, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FANDOM CULTURE LTD. HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LEGISLATION. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

  1. LIMITATIONS OF LIABILITY AND INDEMNITY

Neither Fandom Culture Ltd. nor any of its affiliates assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL FANDOM CULTURE LTD. OR ANY OF IT’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

You agree to defend, indemnify and forever hold Fandom Culture Ltd., its directors, officers, employees, contractors, partners, affiliates and related companies harmless from any claims, suits, demands, liabilities, costs and expenses, including reasonable legal fees on a solicitor and client basis, related to or arising out of any violation of these Terms and Conditions by you, or in connection with your use of the Content or the Website, or with the transmission of any message or information by you to Fandom Culture Ltd..

  1. REVISIONS OF THESE TERMS AND CONDITIONS

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of this Website following either form of notice will signify your acceptance of the revised terms of this Agreement.

  1. CHOICE OF LAW; JURISDICTION

This Agreement, your use of this Website, and all related matters are governed solely by the laws of Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.  If an applicable law is in conflict with any part of the Terms and Conditions, the Terms and Conditions will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.  To the extent permitted by law, any claim or cause of action you may have arising from, connected with, or relating to your use of this Website, this Agreement, or any related matters must be commenced within one (1) year after the claim or cause of action arises.

Any dispute between us and you or any other person arising from, connected with or relating to this Website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto, Ontario, Canada.

  1. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Website.  You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

The provisions in this Terms and Conditions relating to Sections 5. Intellectual Property, 7. Copyright and Trademarks, 8. Linking to this Website, 10. Inappropriate Material, 11. Customer ratings and reviews / Submissions Terms of use, 19. Spamming, 20. Disclaimers, 21. Limitations of Liability and Indemnity, and 23. Choice of Law; Jurisdiction shall survive any termination.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Effective and last updated: March 31, 2020

  1. ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at customerservice@fandomculture.ca or at (PHONE NUMBER).

Shipping

SHIPPING PROCESS

Orders are processed within 48 hours, once orders are received and payment authorization completed by 1:00 PM (EST) or the order will not be processed until the following business day.

Delivery time will be based on Shipping Service chosen at time of check-out.

Orders are shipped on regular business days, Monday to Friday, excluding statutory holidays.

Shipping rates and delivery time vary depending on where you want the product delivered, how soon you need it, and where it’s being delivered within Canada or the United States.

Canada Post – All our deliveries within Canada are through Canada Post. Charges are subject to their pricing algorithm, which you can see by adding items to the cart.

Same Day Delivery/Rush Orders:  These are hand deliveries for Same Day/Rush Orders within the following Areas. Vaughan, King, Newmarket, Aurora, Richmond Hill, Markham, Toronto, Brampton and Mississauga.  Orders must be in before 10am (EST).  Orders after 10am (EST) will be delivered next day.  $30 (Delivery:  Anytime between 1pm-7pm EST.)

Information required to process and ship your order

  • Accurate Customer name, bill to address, email address, telephone number
  • Accurate Recipient name, ship to address
  • Any inaccuracies or incomplete information will delay the order.

If you have additional questions, please contact shipping@fandomculture.ca.

ITEMS DAMAGED IN TRANSIT

We at Fandom Culture take great pride in delivering a quality gift.  We assure you that our all Chests are carefully inspected and assembled prior to being shipped.  Unfortunately, we cannot control if Chests are damaged during transit, but we are dedicated to help you with this. Contact us within 48 hours of receiving your package, and we will assist you with your claim.

  • Take pictures of the exterior of the shipping carton;
  • Take pictures of the chest(s), and items in the chest;
  • Download RETURN FORM and fill out the form with all required information; if you are unable to download the form, please email customer service for a RETURN FORM REQUEST and we will be glad to send you one;
  • Be sure to include the tracking number and order number on the RETURN FORM;
  • Email all pictures and the RETURN FORM to customerservice@fandomculture.ca.

If you have additional questions, please email us at customerservice@fandomculture.ca.

Order Tracking

Your tracking number(s) will be automatically emailed to you once your order is ready for shipping.  Your tracking number(s) can also be found in your shipping confirmation email or you can sign in to My Account and retrieve your order in ORDERS, which will include the order’s tracking number.  TRACK MY PACKAGE

If you have additional questions, please contact shipping@fandomculture.ca.

Online Return Policy

REFUND POLICY

We would gladly issue refunds within 30 days of the order’s ship date.  Returns will only be accepted for chests in their original condition, and items that are in original/unopened packaging, unused/unworn, and with all paperwork, parts & accessories for credit of the purchase.  Any incurred shipping charges, gift wrap, and other charges (if applicable) are not refundable.  Customized greeting cards are not refundable.

Please note that refunds may only be issued to the purchaser, and can only be provided in the original form of payment. Fandomculture.ca only accepts PayPal as our form of payment, we will credit the Debit or Credit Card attached to your PayPal account.  Returns are usually processed within 3-5 business days after chest arrival in our warehouse.

EXCHANGE POLICY

We understand if a recipient may want to exchange their gift.  We also offer exchanges within 30 days of the order’s ship date.  Exchanges will only be accepted for chests in their original condition, and items that are in original/unopened packaging, unused/unworn, and with all paperwork, parts & accessories for credit of the purchase. Customized greeting cards are not exchangeable. Once the Chest has arrived at our warehouse, allow 3-5 business days plus transport to complete the Exchange process.  You will be responsible for any incurred shipping charges.

REFUND & EXCHANGE PROCESS

In order to expedite the refund or exchange process, please follow the directions below.  Should you require any assistance Call us at (toll free) or email us at customerservice@fandomculture.ca.

  • Download RETURN FORM and fill out the form with all required information; if you are unable to download the form, please email customer service for a RETURN FORM REQUEST and we will be glad to send you one;
  • Email customer service your completed RETURN FORM; please ensure you add the Order Number in the subject heading, and attach the completed Return Form to the email;
  • A Return Merchandise Authorization (RMA) number will be issued, along with a return label, and sent to you via email. The email will also include the instructions on how to return your chest(s);
  • You will be responsible for any incurred shipping charges when processing Refunds or Exchanges.

Items damaged in transit Policy

  • If a package is received damaged due to transport, contact us with forty-eight (48) hours of receiving your package, and we will assist you with your claim.
  • Take pictures of the exterior of the shipping carton.
  • Take pictures of the chest(s), and items in the chest Fill out this form with all required information.
  • Be sure to include the tracking number and order number on the RETURN FORM.
  • Email all pictures and this RETURN FORM to customerservice@fandomculture.ca.

Return Instructions

  • Complete RETURN FORM and email to customerservice@fandomculture.ca. Once we receive your RETURN FORM, a Return Merchandise Authorization (RMA) number will be issued and sent to you via email;
  • Pack the Chest including the items that are in their original packaging, unused/unworn, and with all paperwork, parts & accessories securely in the original product packaging;
  • Ensure the Return Merchandise Authorization form (RMA) you received via email is enclosed with the chest(s) being returned. Returns sent without a Return Authorization (RMA) form will delay processing of your return;
  • Remove all extra labels from the outside of the box and affix the return label you received via email to the outside of it;
  • Send the return package to the following address:

Fandom Culture Ltd.
PO Box 411
Maple, ON L6A 1S3
Ontario, Canada

    • All return shipping charges must be prepaid. We cannot accept C.O.D. deliveries;
    • We recommend that you use a traceable shipping method for your return package and that you keep the return tracking number for your records. We will not be responsible for damaged, misdirected or lost return packages.

FAQs

MY ORDER

I’m having problems placing an order. What do I do?

If you are having trouble at any stage of the process, we are happy to help! Email us at customerservice@fandomculture.ca and we will respond in a timely manner.

How do I track an order?

Once your order is processed, you will receive a confirmation email which will include a tracking number. You can use the TRACK MY PACKAGE provided in the confirmation email and enter that number to follow your Chest on its journey.

Can I add to/change or cancel an existing order?

Because we aim to provide efficient service and delivery, we like to prepare gifts immediately after orders are placed. Therefore, orders cannot be changed within 48 hours of the shipping date. You can read more about our cancellation policy.

Can I checkout with a different shipping addresses?

Yes! You can send your Chest to a different addresses than the billing address.  At checkout you will be asked to enter the Ship to Address, simply fill out the address you would like your gift to be sent.

 

SHIPPING

What are your rates for shipping and how long will delivery take?

Shipping rates and delivery time vary depending on where you want the product delivered, how soon you need it, and where it’s being delivered within Canada or the United States.

Canada Post – All our deliveries within Canada are through Canada Post. Charges are subject to their pricing algorithm, which you can see by adding items to the cart.

Same Day Delivery/Rush Orders:  These are hand deliveries for Same Day/Rush Orders within the following Areas. Vaughan, King, Newmarket, Aurora, Richmond Hill, Markham, Toronto, Brampton and Mississauga.  Orders must be in before 10am (EST).  Orders after 10am (EST) will be delivered next day.  $30 (Delivery:  Anytime between 1pm-7pm EST.)

Can I Checkout with multiple shipping addresses?

Yes!  You can send multiple Chests to different addresses in a single website checkout session/transaction.

Do you ship outside of North America?

Unfortunately, we only deliver throughout Canada and the United States at this time. Orders may originate from anywhere in the world as long as the shipping destination is Canada or the United States.

My order didn’t arrive when it was supposed to. What do I do?

Please note that unforeseen weather can cause unexpected delays in delivery. In addition, during holidays, estimated delivery times might be longer than usual. If your delivery did not arrive when expected, please email us at shipping@fandomculture.ca and we will gladly assist. We always recommend erring on the side of caution when selecting a delivery date, especially for areas outside of the GTA.

 

PRODUCTS

Are your Products Official Licensed Merchandise?

All the contents in our chest are guaranteed to be Official Licensed Merchandise. All our Partners are Official Licensed Dealers and Distributors.

Website Product images

We aim to display our product images as accurately as possible on our Website. However, the colours and images that you will see on our Website will depend on a number of factors such as your monitor and its settings. Therefore, we cannot guarantee that the color or other features of products shipped to in accordance with your order(s) will appear exactly the same as the image you see displayed on the Website.

Product Substitution Policy

We reserve the right to make substitutions of equal or greater value as required to ensure the timely delivery of your Chest.  Our intention is to always send gifts as shown. However, sometimes situations beyond our control arise where this is not possible. For example, we noticed an item is damaged and it was our last one in stock.  Please rest assured that our goal is to exceed your expectations and build a long term relationship with you.

 

PAYMENT AND RETURNS

What forms of payment do you accept?

Our current form of payment in through PayPal.

Can I return a product I purchased?

We would gladly issue a refund or exchange within 30 days of the order’s ship date.  Refunds may only be issued to the purchaser and incurred shipping charges are not refundable.  Please go to our RETURN POLICY & PROCESS for complete details.

When will my credit appear on my account?

We process returns between 3-5 business days after chest arrival in our warehouse.  We will then credit the Debit or Credit Card attached to your PayPal account.

When will my order be charged?

We use PayPal as our payment processor.  Your PayPal Account will be automatically charged once you complete the order process.

 

MY ACCOUNT

How do I create an account?

When you make your first purchase you will be prompted to create an account in the checkout stage. Alternatively, you can always make an account by clicking on My Account and register with a username and password.

How do I edit my account information?

Sign into My Account and navigate to the Account details tab. Here you can modify your name and username, email address and change your password. For changes to your billing and shipping addresses, navigate to the Addresses tab.

I forgot my password.

Go to the My Account page. Under the LOGIN tab you will see a ‘Lost your password?’ link. Fill out your username or email to reset password. If there is an active account registered with us, you will receive an email with a link to create a new password. Please check your spam folder if you do not receive the link within 5 minutes.

How do I view my charges for an order?

You can sign into My Account to review your order history under the Orders tab. You can see more details on each individual order by clicking the View button under the Action column.  You may compare your order history on our website, with your financial records.  If you have any further questions please contact us at customerservice@fandomculture.ca.

How do get a copy of my receipt?

You can sign into My Account to review your order history, and search for your receipt under the Order tab.  You will be able to print out a copy of the receipt.  If you have any further questions please contact us at customerservice@fandomculture.ca.

 

PRICING AND BILLING

Do I have to pay sales tax?

Sales Tax When Ordering Online (Canada) – Fandom Culture is required to collect applicable Canada Goods and Services Tax (GST), Provincial Sales Tax (PST) and Harmonized Sales Tax (HST) based on your order’s delivery address. Where required, sales tax will also be applied to the shipping and handling charges. Fandom Culture does not benefit in any way from the collection of sales tax. All collected tax is remitted directly to the appropriate taxing jurisdiction.

If you return an item for a refund, you will receive a refund for the sales tax you paid for that item. Taxes on shipping and handling charges are non-refundable. If you have questions about the sales tax on your invoice, please contact us at customerservice@fandomculture.ca.