Terms & Conditions
1. Conditions of Use
Welcome to our online store! Benny & Sophie associates provide their services to you for an exciting and easy shopping experience. When you visit or shop on our Website, you are subject to the following conditions. Please read the following conditions carefully and check this page regularly to take notice of any changes we may have made to the Terms of Service. If you do not agree to the terms and conditions, you should not review information or obtain goods, products, or services from this Site.
Access to this Web site 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 this Website is not available at any time and from time to time we may restrict access to some parts of the website.
2. Acceptance of Agreement
You agree to the Terms and Conditions outlined in this Term and Conditions of Use Agreement with respect to our Site. This Agreement constitutes only between Benny & Sophie and you, and replace all prior or existing agreements, warranties, representations, and understandings of the Site, its content, goods or services, provided by or through the Site, and the subject represented by this Agreement. This agreement may make minor changes by us at any time without notice. You should review the latest Agreement posted on this Site prior using this Web site.
By using this Site, you consent to the processing described and that all data provided by you is accurate and true.
4. Electronic Communication
When you visit Benny & Sophie or send an e-mail to us, you communicate with us electronically. You consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirements that such communications be in writing.
All content included on this Site such as the content, organization, graphics, logos, design, collection, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks, or its content suppliers, and protected by international copyright laws.
The collection of all content on this Site is the exclusive property of Benny & Sophie. Copying, redistributing, publication or use by you for any purpose is strictly prohibited, except as allowed by ‘Limited Right to Use’ Section.
6. Limited Right to Use
You must not misuse this Site. You must not encourage or commit a criminal offence; transmit or distribute a virus, worm, Trojan, logic bomb, or any other harmful technological material, in violation of confidence or in any offensive way; hack into any Service manner; corrupt data; cause annoyance to other users; violate upon the rights of any other person’s owned rights; send any “spam”; or attempt to affect the performance of any computer facilities or accessed through this Site. Violating this obligation would create a criminal offense and www.bennysophie.ca will report any such violation to the relevant law enforcement authorities.
7. Trade Marks
BENNY & SOPHIE trademarks, including photographic images, may not be used in connection with any product or service that belongs to Benny & Sophie throughout this Website. All other trademarks not owned by BENNY & SOPHIE that appear on this Website remains the property of their licencors and owners.
You may print, store, and display content supplied solely for your own personal use.
You are not permitted to publish, distribute, manipulate, or reproduce in any format, any of the copies and content supplied to you or which is shown on this Website nor may you use any content in connection with any commercial or business enterprise.
8. Terms of Sale
By submitting 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.
Handling times may change according to availability and subject to any delays resulting from postal delays or unforeseeable circumstances for which we will not be responsible.
You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us in order to contract with you. www.bennysophie.ca holds 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 entered into a formal and legally binding agreement with.
When placing an order, you promise 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 change. 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 finalized to you. Only those goods listed in the confirmation e-mail sent at the time of finalization will be included in the contract formed.
(b) Pricing and Availability
As we try and make sure that all descriptions, prices, and details that appear on this Site 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 and are included in the ‘Total Cost’.
Once receiving your order, we carry out a standard authorization check on your payment card to make sure that there are sufficient funds to complete the transaction. Your card will be debited upon approval. The monies 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 dealt with and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
9. Your Membership Account
When you visit and use this Site, you are responsible for keeping the confidentiality of your account and password. You are responsible for limiting access to your computer and you agree to accept responsibility for all activities that happen under your account or password. If you are under 18, you may use our website only with the involvement with a parent or guardian. Benny & Sophie and its associates may reserve the right to refuse service, discontinue accounts, edit or remove content, or cancel orders in our sole discretion. If membership has been revoked, Benny & Sophie reserves the right to refuse application or readmission to the membership program.
You agree to free from loss or damage, defend, and hold us and our associates and partners, staff, and affiliates (”Affiliated Parties”) harmless from any liability, claim, loss, and expense, including any attorney’s fees, related to your violation of this Agreement or the use of the Site.
11. Product Descriptions
BENNY & SOPHIE and its associates attempt to be as accurate as possible. However, Benny & Sophie does not guarantee that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Benny & Sophie itself is not as described, your sole right is to return the product(s) in unused condition.
12. Warranties and Limits of Liability
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY BENNY & SOPHIE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BENNY & SOPHIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BENNY & SOPHIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENNY & SOPHIE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BENNY & SOPHIE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENNY & SOPHIE 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, AND CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFIT, BUSINESS, LITIGATION, AND OTHERS ALIKE) WHETHER IT IS BASED ON BREACH OF CONTRACT, VIOLATION OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS AND TERRITORIES 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 MIGHT HAVE ADDITIONAL RIGHTS.
All responsibility or liability for any damages caused by viruses that hold within the electronic file containing the document(s) or form(s) is denied any responsibility by
Benny & Sophie. WE WILL NOT TAKE RESPONSIBILITY OR LIABILITY TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE. Our only liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
13. Links to Other Websites
This Site contains links to other Websites and we are not accountable for any content, opinions, accuracy of information in such Web sites. Such Web sites are not monitored or investigated, and neither checked for accuracy and completeness by us. Any Web sites linked inclusion on our Site does not imply approval or support of the linked Web site by Benny & Sophie. If you decided to leave our Site and access these third-party sites, you may do so in your own discretion.
14. Reviews, Emails, Comments, and Other
Visitors may post reviews, comments, and other content: submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, offensive, threatening, privacy invasive, violating intellectual property rights, or can cause injury to third parties and does not contain or consists of political campaigning, software viruses, commercial concerns, mass mailings, chain letters, or any form of “spam”.
You may not use a false e-mail address, represent any person or entity, or otherwise mislead as to the origin of a card or other content. BENNY & SOPHIE reserves the right (but not the obligation) to remove or edit such content. You grant BENNY & SOPHIE and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and authorize that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will compensate BENNY & SOPHIE or its associates for all claims resulting from content you supply. BENNY & SOPHIE has the right but not the obligation to monitor and edit or remove any activity or content. BENNY & SOPHIE takes no responsibility and assumes no liability for any content posted by you or any third party.
15. Venue; Applicable Law
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF CANADA OR MANITOBA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT WINNIPEG, MANITOBA, CANADA IS AN
INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. As such, the laws of Manitoba will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
16. Verify Member’s Name and Address
Benny & Sophie reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from Benny & Sophie.
17. Use of Information
18. Third – Party Merchant Policies
All rules, policies, and operating procedures of Merchants will apply to you while being on such sites and We are not responsible for information provided by you to Merchants. We and Merchants are independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.
19. Securities Laws
This Site may include statements concerning our operations, strategies, financial condition, prospects, future economic performance and demand for our products or services, including our intentions, objectives and plans, that are forward-looking statements and these statements are based on number of assumptions and estimates which are subject to significant uncertainties, which many are beyond our control. When used on our words such as “anticipates”, “believes”, “expects”, “seeks”, “estimates”, “plans”, “intends”, and other similar expressions are intended to identify forward-looking statements designed to fall within securities law safe for forward-looking statements. This Site and other information contained on this Site does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be and shall not be deemed to be incorporated into any of our securities-related documents or filings.
All ideas, suggestions, notes, or concepts suggested by you to us (”Submissions”), shall be considered and remain as our sole property and shall not be subject to any confidence obligation on our part. We shall be entitled to unrestricted use of the Submissions without the compensation to the provider of the Submissions and we shall be deemed to own all known and hereafter of existing rights of any type and nature of the Submissions without limiting the preceding.
21. Site Policies and Modification
Please review our other policies, such as our Shipping and Returns policy, posted on this Site. These policies also direct your visit to Benny & Sophie. We keep the rights to make changes to our Site, our policies, and Terms & Conditions at any time.