Terms of Service

Introduction and Acceptance of Terms of Use

Bylsma Imports (“Bergtoys.ca”) owns and operates this website. Bergtoys.ca offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this web site. This document governs your relationship with bergtoys.ca (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or entire Website.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.

Privacy Policy

Our privacy policy sets out how we will use your information. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Client area account

You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify bergtoys.ca of any unauthorized uses of your account or any other breaches of security. Bergtoys.ca will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and bergtoys.ca will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of bergtoys or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by bergtoys and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with bergtoys.ca and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to bergtoys.ca.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

In order to contract with bergtoys.ca you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Bergtoys.ca retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be bergtoys.ca or may in some cases be a third party. Where a contract is made with a third party bergtoys.ca is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

The Website offers products and services for sale. Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Price and/or Description Changes

All prices, pictures, and descriptions on this website are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on this website. Price differences related to future or past prices in our store or any other store are not refundable.

(d) Payment by debit/credit card

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and we have been sent a confirmation email the amount paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(e) Errors on Our Site

Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. Bergtoys.ca reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed. If your payment has already been processed for the purchase when your order is cancelled, bergtoys.ca will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with bergtoys.ca's Return Policy

(f) Cancellations

If you would like to cancel your order, you can do so provided that the order has not yet been shipped. If the item you want to cancel has been shipped, the order cannot be canceled. However, you can return the item for a refund. See our Return Policy. An order that has been shipped cannot be cancelled. If you refuse an order, it will then fall under our standard return policy. If you order has shipped, you (the buyer) will also be responsible for actual return shipping charges. Refunds will only be issued to the original credit card that you use when placing your order.

(g) Warranty

Only the manufacturers’ warranty will apply. Please refer to the manufacturer's product specifications and instruction manual. If you are unable to find specifications or an instruction manual for a product you wish to buy, please let us know so that we can do our best to find it for you.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law bergtoys.ca and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect bergtoys.ca's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of products.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Responsibility of website visitors

By operating the Website, bergtoys.ca does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain technical inaccuracies, typographical mistakes, and other errors. Bergtoys.ca disclaims any responsibility for any harm resulting from the use by visitors of the Website.

Contribution to website

If you leave comments, post material, post links anywhere on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:

  1. Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  3. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  4. The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  5. The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

By submitting Content to bergtoys.ca for inclusion on our Website, you grant bergtoys.ca a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.

Without limiting any of those representations or warranties, bergtoys.ca has the right (though not the obligation) to, in bergtoys.ca's sole discretion (i) refuse or remove any content that, in bergtoys.ca's reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in bergtoys.ca's sole discretion. Bergtoys.ca will have no obligation to provide a refund of any amounts previously paid under these circumstances.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to bergtoys.ca ("Feedback") will be deemed, at the time of communication to bergtoys.ca, the property of bergtoys.ca, and bergtoys.ca shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

Monitoring

Although bergtoys.ca is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. Bergtoys.ca will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Bergtoys.ca will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Third party links

This Website may contain links to other websites (the "Linked Sites"), which are not operated by bergtoys.ca. These third party sites have separate and independent privacy policies. Bergtoys.ca has no control over the content and activities of these Linked Sites and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and Service contained within each such site. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Indemnity

You agree to indemnify, defend and hold harmless bergtoys.ca, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Bergtoys.ca shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Changes to our terms and privacy policies

From time to time we may make adjustments to our policies. Changes will be made at our sole discretion. Site's users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes your acceptance of the changes.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and bergtoys.ca. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of bergtoys.ca.

Contacting us

Any questions about this policy should be addressed to us via our contact form.

These terms of service have been last modified on September 25th, 2013.

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