MACK HOUSE INC.
TERMS AND CONDITIONS FOR ONLINE SALES
LAST MODIFIED November 23, 2020
Hi there! Welcome and thank you for making Mack House your go to spot for sneaker customization and design. At Mack House we believe that the best relationships are clearly defined so that everyone knows what they are getting into, and what they are getting out of it. To that end we have created the terms of use below to set out the nature of our relationship with respect to you using our site, mobile apps, and social media booking platforms to purchase our goods and services:
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
By placing an order for products or services from and/or through this Site as defined below, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not order or obtain products or services from this website if you: (i) do not agree to these terms and conditions, (ii) are not the older of (a) at least 13 years of age or (b) legal age to form a binding contract with MACK HOUSE INC., or (iii) are prohibited from accessing or using this website or any of this website’s contents, products or services by applicable law.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services between you (“you” or “your”) and MACK HOUSE INC. (referred to as “Mack House”, “us”, “we” or “our” as the context may require) through any online purchasing and/or booking platforms owned and/or duly licensed and operated by Mack House including our website (www.mackhouseinc.com), any booking options accessed through our social media platforms including but not limited to Instagram, our mobile applications, or direct access to our booking and payments portal through third party payment processing sites which allow us to offer our products and services to you through their online portals (this “Site”).
All of our payments for goods and services are currently processed through Square Inc. (“Square”), and where applicable in relation to your purchase, we are bound by Square’s terms of service with respect the acceptance and processing of your payments for Goods and Services. For more Information on Square’s terms and conditions please visit:
https://squareup.com/ca/en/legal/general/ua
These Terms are subject to change by Mack House without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS, OUR TERMS OF SALE FOUND AT https://www.mackhouseinc.com/terms-and-conditions-online-sales AND OUR PRIVACY POLICY, FOUND AT WWW.MACKHOUSEINC.COM/PRIVACY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE TERMS OF SALE, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WSITE.
1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Products and Services, Process, Prices, and Payment Terms.
(a) We offer in person appointments and various products and services for you to use our studio space and supplies to customise your shoes and sneakers including but not limited to the provision of painting stations, stencils, custom paints, cleaning materials, and adhesives. Our staff will be on site to assist you in answering questions about the supplies available and recommend options to you related to the materials you may wish to consider using, or the types of designs you may wish to pursue, however our staff does not and will perform the shoe customization services for you unless expressly requested to do so and mutually agreed to, and any designs and use of supplies you choose as well as the shoes you wish to customize, is completely at your own volition, discretion, and acknowledgment of risk that the shoes you bring in will be altered by the materials you use on them.
(b) At the time of placing your order, you must pay for the full cost of your order including the $95(+HST) cost for your appointment in our studios, as well as any additional add-on products and/or services which you may select from our Site at the time of booking (the “Booking Payment”). The Booking Payment must be received by us before our acceptance of an order and securing of your appointment. The Booking Payment is to secure your appointment and is NON-REFUNDABLE as it is deposited and accepted as payment immediately upon confirmation of your appointment. No payments, partial or otherwise, will be refunded if you are unable to make your appointment once confirmed, however Mack House at it’s sole discretion may change your appointment to another day and/or time and credit your payment to secure a new appointment time (including any applicable change fees).
(c) When you come to our studio for your appointment you will be allotted two (2) hours of time to make use of our studio and supplies to customize your shoes. We ask that you show up 15 minutes prior to your appointment time as your time will begin immediately at the time designated for your appointment slot which you booked through our Site when you made your Booking Payment and you will not receive additional time and/or a modification of your appointment slot due to late arrival for your appointment time, however Mack House at it’s sole discretion may offer to move your appointment to another day and/or time or modify the time slot of your appointment (including any applicable change fees).
(d) All prices, discounts and promotions posted on our Site and in our studio are subject to change without notice. The price charged for a product or service will be the price advertised on our Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
(e) We accept all methods of approved payments offered by our payment solutions provider Square, including any approved credit cards and Interac payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3.Shipments; Delivery; Title and Risk of Loss.
(a) Where expressly requested by you and consented to by us in your order confirmation, we will arrange for shipment of the products to you. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Damage, Refunds, and Warranty. The products and services we offer are for the purpose of customizing shoes and sneakers. While we make all best efforts to ensure that initial designs for your shoes are as close in form to the final product under a commercially reasonable standard, We cannot and do not guarantee the exact design of the final customized product and you acknowledge that the final product may come out looking differently than you envisioned including but not limited to changes in the size of the design and/or the types of products used to customize your shoes.
(a) You acknowledge that by booking an appointment and making use of our services that your shoes are brought in an “as-is” condition and that any customization done in our studio is with your express consent and permission to alter the shoes. We shall not perform any repairs, alterations, adjustments, and/or replacements of your shoes in any manner whatsoever unless expressly requested by you and authorized by you by payment and order confirmation.
(b) OTHER THAN ANY DEEMED WARRANTIES APPLICABLE BY LAW, WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING (i) ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Products manufactured by a third party (”Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with the products and services we offer. Other than those deemed by law, we do not provide any warranty for Third-Party Products. For the avoidance of doubt, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(d) With respect to any services or products you may purchase from us, we shall, in our sole discretion, (i) repair or re-perform the applicable services or (ii) credit or refund only the amounts paid by you for such services.
(e) THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH HEREIN.
5. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE TO YOUR SHOES OR OTHER APPAREL CUSTOMIZED IN OUR STUDIOS, LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE], OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE SITE.
(c) IN NO EVENT SHALL WE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY OR DEATH OR DAMAGE TO ANY REAL OR TANGIBLE PERSONAL PROPERTY INCLUDING YOUR SNEAKERS AND/OR SHOES, CAUSED BY OUR AND/OR YOUR NEGLIGENT ACTS OR OMISSIONS;
(d) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU FOR OUR SERVICES UNDER THIS AGREEMENT.
6. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export.
7. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) You acknowledge and agree that any customization and designs of your shoes which you create in our studio shall not have, other than those set out by Law, have any proprietary intellectual property rights including but not limited to copyright, trade-mark, industrial designs, design rights, inventions (whether patentable or not), and you expressly consent to us posting all photos, images, and other materials related to your design on our Site, social media, and other marketing and branding channels and that any designs which you create in our studio and which we may share on our Site, social media, and other marketing and branding channels may be copied in their exact likeness by any of our other customers.
(b) You acknowledge and agree that any custom designs and/or artworks which we may create for you with your express approval shall be our proprietary designs and/or artwork and we shall reserve all proprietary intellectual property rights in such artwork and/or designs including but not limited to copyright, trade-mark, industrial designs, design rights, inventions (whether patentable or not), and you expressly acknowledge not to reproduce, sell, license, market, or in any manner use our custom artwork and/or designs for commercial purposes without our express consent and permission.
(c) You will not cause, induce or permit others’ non-compliance with the terms and conditions of any of these product and service license agreements.
8.Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic including but not limited to the COVID-19 global pandemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
9. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws and courts of the province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule of any other jurisdiction.
10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mack House.
12. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
13. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To the registered address and email address listed on our Site. We may update the addresses for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by electronic transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
14. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15.Entire Agreement and Paramountcy. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.