服务条款

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 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, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

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 accurately represent our golf products and services in our online store. However, colours or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of any products purchased will meet your expectations or match how they were depicted online. Nothing in this section limits any statutory warranty that applies to consumer goods sold in Ontario and that cannot be excluded by contract.

Product descriptions are subject to change at any time without notice, at our 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

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided at checkout.

Your purchases are subject to return or exchange in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless we have separately agreed otherwise with you in writing.

SECTION 3A — INTERNATIONAL ORDERS

We ship to many destinations outside Canada. If you place an order for delivery outside Canada, the following additional terms apply:

• Customs, duties, and import taxes. International shipments may be subject to customs processing, import duties, brokerage fees, and local taxes (such as VAT or GST) imposed by the destination country. These charges are separate from the price you pay us and are your responsibility. We do not collect these charges at checkout unless expressly stated, and we have no control over what your local customs authority will charge.
• Delays and customs holds. Delivery estimates do not account for customs clearance, and we are not liable for delays, seizures, or additional charges resulting from customs processing in your country.
• Accuracy of shipping information. You are responsible for providing an accurate delivery address and any information required for customs clearance (such as an ID number, where applicable). We are not responsible for non-delivery or return-to-sender fees caused by inaccurate or incomplete information you provide.
• Restricted destinations and products. We reserve the right to refuse or cancel orders to any destination where we are unable to ship for legal, logistical, or risk reasons, including where a product cannot lawfully be sold or imported into your country (for example, certain golf equipment specifications or materials may be restricted in some jurisdictions).
• Export control and sanctions compliance. You represent and warrant that you are not located in, or a resident of, any country or region subject to Canadian or applicable international trade sanctions or embargoes, and that you are not on any denied-party or sanctions list maintained by Canada, the United States, the United Nations, or the European Union. You agree not to use the Services to export or re-export products in violation of any applicable export control or sanctions law.
• Currency. Prices are displayed and charged in Canadian dollars (CAD) unless another currency is shown at checkout. If your payment method or card issuer converts the charge into another currency, the exchange rate and any conversion fee are set by your bank or card network, not by us.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as shown in your order confirmation email. Posted prices are in Canadian dollars (CAD) unless otherwise stated, and do not include applicable taxes (including GST/HST), shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered in physical stores or third-party stores. Where prices are shown in a currency other than Canadian dollars for your convenience, this is an estimate only; your card issuer's conversion rate at the time of the transaction will determine the actual amount charged, unless we bill you directly in that currency. Promotions are governed by their own terms; if those terms conflict with these Terms, the promotion terms govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update it as needed so we can complete transactions and contact you.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred will be honored by your card issuer; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed, and international deliveries generally take longer than domestic ones due to customs processing. We are not responsible for delays caused by shipping carriers, customs processing, incorrect address information, or events outside our reasonable control. Once we transfer products to the carrier, risk of loss passes to you, except where applicable consumer protection law in your jurisdiction provides otherwise.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement, are owned by MARMALADE SKIES, its affiliates, or licensors, and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any license or right under our (or any third party's, including Shopify's) intellectual property, except as expressly stated. Unauthorized use may violate Canadian and other applicable intellectual property laws. All rights not expressly granted are reserved by MARMALADE SKIES.

MARMALADE SKIES names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors, and may not be used without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.

SECTION 7 — THIRD-PARTY LINKS

The Services may contain links to third-party websites, including embedded third-party functionality. We do not examine or evaluate the content or accuracy of any third-party materials, and if you leave the Services to visit them, you do so at your own risk.

We are not liable for any harm related to your access of third-party websites or your purchase or use of any third-party products or services. Review third-party policies carefully before transacting with them. Complaints about third-party products or services should be directed to that third party.

SECTION 8 — PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy [LINK] and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), which governs how private-sector businesses collect, use, and disclose personal information in the course of commercial activity. Certain personal information may also be processed by Shopify under Shopify's own Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit may be transmitted to, stored, and processed by Shopify and other third parties in Canada, the United States, or other countries, in order to provide services to you — including if you are ordering from outside Canada, in which case your personal information will be transferred across borders to us and our service providers. By using the Services, you consent to this cross-border transfer and processing. If you are located in the European Economic Area, the United Kingdom, or another jurisdiction with its own data protection law, you may have additional rights under that law regarding your personal information; see our Privacy Policy [LINK] for details on how to exercise them.

SECTION 9 — ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct these and to change, update, or cancel orders based on inaccurate information at any time, including after you've submitted an order.

SECTION 10 — PROHIBITED USES

You may access and use the Services for lawful purposes only, in compliance with both Canadian law and the law of the country from which you access or use the Services. You may not use the Services to: (a) engage in unlawful or malicious activity; (b) violate any Canadian federal, provincial, or municipal law, or any law applicable to you in your own country; (c) infringe our or others' intellectual property; (d) harass, abuse, or harm any person; (e) transmit false or misleading information; (f) send spam or unsolicited advertising, consistent with Canada's Anti-Spam Legislation (CASL); (g) impersonate any person or entity; or (h) engage in conduct that restricts others' use of the Services or exposes us to liability.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, extract, or resell any portion of the Services; (c) collect or track others' personal information; (d) use bots, scrapers, or automated/AI tools to access the Services without our permission; or (e) bypass or interfere with our security or access-control measures. We may suspend, disable, or terminate your account at any time if we determine you've violated these Terms.

SECTION 11 — TERMINATION

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

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 12 — DISCLAIMER OF WARRANTIES

The information on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is at your own risk.

EXCEPT AS EXPRESSLY STATED, AND SUBJECT TO ANY RIGHTS YOU HAVE UNDER THE CONSUMER PROTECTION ACT, 2002 (ONTARIO) OR OTHER APPLICABLE CANADIAN CONSUMER PROTECTION LAW THAT CANNOT BE WAIVED BY CONTRACT, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTY OR CONDITION THAT ONTARIO OR FEDERAL CANADIAN LAW DOES NOT PERMIT US TO EXCLUDE OR LIMIT.

SECTION 13 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARMALADE SKIES, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS (AND THOSE OF SHOPIFY AND ITS AFFILIATES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS — ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER ONTARIO OR CANADIAN FEDERAL LAW.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MARMALADE SKIES, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable legal fees) arising from: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim; a delay in notice will not relieve your obligations unless you are materially prejudiced by it. We may control the defense and settlement of such a claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defense of indemnified claims.

SECTION 15 — SEVERABILITY

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable part will be severed, without affecting the validity of the remaining provisions.

SECTION 16 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies posted by us, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications, whether oral or written (including prior versions of these Terms).

Any ambiguity in interpreting these Terms will not be construed against the drafting party.

SECTION 17 — ASSIGNMENT

You may not delegate, transfer, or assign this agreement or your rights or obligations under these Terms without our prior written consent; any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.

SECTION 18 — GOVERNING LAW

These Terms of Service, and any separate agreement under which we provide you Services, are 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. This applies regardless of your country of residence.

You and MARMALADE SKIES irrevocably attorn to the exclusive jurisdiction of the courts located in Toronto, Ontario, for any dispute arising from these Terms. If you are purchasing as a consumer from outside Canada, this choice of law and forum does not deprive you of any protection you are entitled to under mandatory consumer protection laws of your own country of residence that cannot be excluded by agreement, and nothing in these Terms is intended to override such mandatory local rights. Where those mandatory local rights conflict with a provision of these Terms, only that specific provision is affected as to you, and only to the minimum extent required, with the rest of these Terms remaining in force.

SECTION 19 — HEADINGS

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

SECTION 20 — CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms at any time on this page. We may update, change, or replace any part of these Terms by posting changes to our website. Your continued use of the Services after changes are posted constitutes acceptance of those changes. We will notify you of material changes as required by applicable law.

SECTION 21 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at marmaladeskiescc@gmail.com.