Terms and Conditions

These Terms and Conditions (the “Terms and Conditions”) govern the use of www.Purplekoi.ca (the “site”). This Site is owned and operated by 2592519 Ab Ltd. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of 2592519 Ab Ltd. And the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following good are available on our Site:

·       Adult wear

·       Accessories

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information , descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

·       Credit Card

·       Debit Direct

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

·       Standard delivery may take 5-7 business days to ship.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong person as a result of you providing us with inaccurate or incomplete information.

Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

2592519 Ab Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless 2592519 Ab Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Alberta.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time to maintain compliance with the law and reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(403)669-1448

info@purplekoi.ca

Effective Date: 05 day of August, 2024

Disclaimer of Warranties and Limitation of Liability

Thank you for choosing to view materials hosted on the Purple Koi website. This web site is provided by Purple Koi* on an “as is” and “as available” basis. Purple Koi makes no representations, warranties or conditions of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. Purple Koi does not warrant that this website is compatible with your equipment or is free of errors or viruses, worms or "Trojan Horses," and Purple Koi is not liable for any loss or damage you may suffer as a result of your access to or use of this website. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Purple Koi disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose or use, or non-infringement. Purple Koi will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, special, punitive, aggravated, exemplary, and consequential damages. Certain provincial laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. Purple Koi exercises care in the manufacture of our products and attempts to manufacture our products so the products are safe and reliable under normal use. However, Purple Koi makes no warranty, expressed or implied, as to the safety of our products. All of our products are sold as novelties only. Purple Koi is not responsible or liable to you or any other person using or misusing our products for any injury, damage, or loss due to any cause whatsoever, including the negligence of Purple Koi. You acknowledge that you are aware of the risks, dangers and hazards that may be associated with the use, misuse and/or failure of our products and you freely and voluntarily accept and fully assume all known and unknown risks, dangers and hazards, including but not limited to personal illness (including allergic reactions), injury, death, property damage or loss. Under no circumstances is Purple Koi liable for any direct, indirect, incidental, consequential, special, punitive, aggravated, or exemplary damages. BY CONTINUING TO ACCESS OR USE THIS WEB SITE AND THE PRODUCTS OFFERED BY PURPLE KOI YOU, AS A USER, SIGNIFY THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS, AND, IN ADDITION, YOU AGREE TO HOLD HARMLESS AND INDEMNIFY PURPLE KOI from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, whether tangible or intangible, that may be brought as a result of or in connection with the use or misuse of the products.

* a division of 2592519 Alberta Ltd.

If you are a minor (a person less than 18 years of age in Alberta), you must ask your parent or guardian to approve your use of this website. By continuing to access or use any of these materials, you, as a user, signify that your parent or guardian has approved your use of this website.