Terms and Conditions
IMPORTANT: By accessing and reading any of the webpages of this website including, without limitation, the domain arctictumblers.com and all of its subdomains and redirected domains (the “Site” or “Website”), you are agreeing to the following terms of use and acknowledging the disclaimers contained in these Terms of Use.
DISCLAIMER:
You agree that this is a legal, binding agreement, between you and Arctic Tumblers (a dba of Nolk Enterprises Inc.) (“Artic Tumblers” or “us”, “we”, “our”, or similar language) and acknowledge and agree that you shall be bound by its terms and conditions. If you do not agree to these Terms of Use, then you must leave this Site without printing, copying or capturing any of its content. You hereby agree and acknowledge receipt of good and sufficient consideration for entering into this agreement, including your continued access to the webpages of this website and the terms and conditions of this agreement. Any reference to Arctic Tumblers, “us”, “we”, “our”, or any similar reference includes corporate affiliates of Arctic Tumblers. By using this Site, you represent that you are of legal age to form a binding contract and that you are not barred from accessing this Site. Persons under 13 years of age (or, if applicable, under the legal age or not satisfying the legal capacity to access website content without adult supervision in your jurisdiction) may not use this Site.
RETURNS:
Our hope is that you have a fantastic experience while shopping at Arctictumblers.com, and the product purchased is everything that you expected. We’re a small business and our goal is for you to be completely satisfied! However, if for any reason, your purchase needs to be returned, we’re happy to help make things right, subject to the following restrictions: You must provide an order receipt with the ID number
All returns are subject to return shipping fees;
We are able to accept returns only within 30 days of the ship date
We are unable to accept returns on bulk orders (24 units plus)
We are unable to accept returns for items such as accessories or lids
We are unable to accept returns on customized or engraved tumblers
Please contact sales@arctictumblers.com to obtain an RMA number prior to shipping your return.
If you have any additional questions, please reach out to us at sales@arctictumblers.com. We will respond within one business day.
CONTENT
You may access the Site only as set forth in these Terms of Use. You may not (1) copy, reproduce, retain, reverse engineer, broadcast, or otherwise distribute any server-side or client-side script, code, text, graphics, or other materials published on this Site at any time, whether or not currently displayed or added in the future (the “Content”) on this Site or make any use of the Content on this Site for any purpose other than your relationship with Arctic Tumblers; or (2) modify the Content of this Site (for example, using web browser extensions) other than as may be reasonably necessary to use the Site for its intended purposes. The Content and any trademarks, service marks, logos, brand names, and Site functionality made available in or otherwise used to present the Content to you are the sole and exclusive property of Arctic Tumblers or have been licensed to Arctic Tumblers by a third party and are subject to United States laws and regulations, foreign laws, and international conventions governing intellectual property rights. The marks are marks of Arctic Tumblers, and all rights are reserved. The copyrights in all of the text and graphics on the webpages of this Site are either owned or licensed by us, and all rights are reserved. Forms and processes described or displayed on this Site are our proprietary know-how andtrade secrets and are considered herein to be intellectual property. We reserve all rights not expressly granted to you and retain all rights, title, interest and ownership of all intellectual property rights in and to the Site, including, without limitation, proprietary know-how and trade secrets, copyrights and marks. You agree and acknowledge that we would suffer irreparable harm due to any reproduction, distribution, republication and retransmission of the Content, and you would assist and not oppose us in obtaining any injunction or other equitable relief necessary to limit the harm done to us by any disclosure of its proprietary know how, rates, other trade secrets.
All Content is subject to change without prior notice. Some information on this website might not be the most current or updated information available. Furthermore, none of the information on this website is promised or guaranteed to be correct or complete. We expressly and particularly disclaim any and all liability with respect to any actions taken or not taken in reliance on contents of the webpages of this website. WE DO NOT PROVIDE ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY RESOURCES OR LINKS FOUND ANYWHERE ON THE WEBPAGES OF THIS SITE, WHICH ARE OFFERED “AS IS” AS A CONVENIENCE TO YOU. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. This Site may contain links to third party websites or content (“Third Party Sites”). You acknowledge that these links are provided for your convenience and Arctic Tumblers has no control over and is not responsible for their content or availability. Third Party Sites may be governed by their own terms of use, privacy policies, or other policies. You agree to release Arctic Tumblers and its officers, directors, shareholders, members, employees and/or agents from any and all liability from you access to and use of Third Party Sites.
YOUR USE OF THIS WEBSITE
You may use this site only to shop and purchase products made available to you by us on our websites. You may not use any script, bot, spider, or other automated service to access any Content on this Site without our prior written permission, except that operators of search engines may index the Content of this Site solely for the purpose of displaying search results to users, calculating search result ranking, and otherwise performing activities directly related to providing Internet search results. YOU HAVE SOLE RESPONSIBILITY FOR YOUR USE OF THE SITE, AND YOUR SOLE REMEDY AGAINST US FOR ANY INACCURACY, UNAVAILABILITY OR FAILURE OF THE SITE IS TO STOP USING THE SITE. YOU AGREE THAT WE HAVE NO LIABILITY WHATSOEVER TO YOU, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTIAL, OR PUNITIVE DAMAGES, FOR YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, AND THIS LIMITATION OF LIABILITY IS PART OF THE BARGAIN BETWEEN US AND YOU.
YOUR ACCOUNT
In order to use some functions of this Site, you may be required to create a user account (an “Account”). You may not use another person’s Account without permission. You must provide complete and accurate information to use an Account in all required fields during the Account creation process. You are solely responsible for your use of your Account, and it is your responsibility to create a secure password for your Account and keep your Account login information secret. You agree not to share your Account login information with any other person, including any person in your household or company. You agree to notify us promptly upon your discovery of any unauthorized use of your Account. You agree to update your Account if any of your information changes. You agree that we may suspend or terminate your Account if we believe that you have violated these Terms of Use. You agree not to circumvent, disable, or interfere with any features of this Site related to security or access control, including, without limitation, making use of any software exploit or bug, and you agree to defend and hold us harmless from any damage or expense incurred in connection with your unauthorized access (including any unauthorized access by any person acting at your request or upon your instructions). You agree to access this Site only through Internet browsing software such as Microsoft Internet Explorer, Google Chrome, Apple Safari, or Mozilla Firefox , or through a mobile application provided by us.
PROMOTIONAL EMAIL AND OTHER CORRESPONDENCE
You may opt in or opt out for receipt of newsletters, product information emails, and other correspondence, which may be provided by electronic means or via a portion of this website. To the extent not restricted by law, you hereby opt in.
PRIVACY
We take our customer’s privacy rights seriously. You may not collect any personally identifiable information through this website without our prior written permission. You may be required to provide personally identifiable information about you in connection with your use of this Site [including geolocation information or payment card information], and you agree that we may collect, store, analyze, and otherwise use this information in any location in which we do business in order to provide services to you, market our products and services to you, fraud prevention and other legitimate commercial purposes. We reserve the right to collect and mine data about those who visit our Site. Our internet service provider and hosting provider may collect and mine data about those who visit the Site. We reserve the right to transfer information that we obtain from your visits to our Site to our affiliates, partners and others. We reserve the right to collect and aggregate information and to share this aggregated information to others. Information may be used to selectively display advertising, to improve cache performance, or for other purposes related to your experience on this Site.
Person in Charge of Access to Documents and Protection of Personal Information
Frederic Charette
1127 Rue Marie Victorin
St. Bruno-de-Montarville
Quebec, Canada
J3V 0M7
Email: fcharette@nolk.com
TAKEDOWN NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code, Section 512(c)(2). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted as a written notification to the following:
Arctic Tumblers
Attn: Content Writer
1127 Rue Marie Victorin
St. Bruno-de-Montarville
Quebec, Canada
J3V 0M7
FEEDBACK
We endeavor to continuously improve our processes including this Site. If you have questions or comments about these Terms of Use, the webpages of this Site or our policies and procedures, you may send us an email on the Contact Us page of this Site or leave us a voicemail at 1-855-982-2815. To the extent that any suggestion that you submit is protected by your intellectual property rights, you hereby grant us a non-exclusive, fully-paid- up, irrevocable, worldwide license to use the suggestion in any way that we choose, and your feedback not be deemed confidential information for any purpose.
GOVERNING LAW
You agree that your access to the Site, including any disputes arising from your use of the Site, will be governed by Quebec law without regard to its choice of law and conflict of laws provisions. You agree to personal jurisdiction of and venue in the province and federal courts located in Quebec.
ABOUT THIS POLICY
The terms and conditions of these Terms of Use are the entire understanding of the parties relating to access and use of the webpages of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. We reserve the right to change these Terms of Use at any time without notice to you, and any changes to these Terms of Use will take effect immediately upon their publication to this Site. It is your responsibility to review these Terms of Use to determine whether they have been updated, and your use of the Site will signify and your acceptance of and intent to be bound by any changes to the Terms of Use.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, the remainder shall continue in full force and effect.