Terms of Service

Overview

Welcome to AVL Shop! The terms "we", "us" and "our" refer to AVL Shop, operated by AVL Custom Homes Inc. These Terms of Service govern your use of the AVL Shop store and website, including all related information, content, features, tools, products and services (the "Services").

AVL Shop is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service"), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, 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 of the 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 in our store 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.

2. Our products

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

Product specifications, availability, descriptions, images, and other product information are provided for informational purposes and may be updated when information changes or becomes available. We do not guarantee that colours or other visual representations on your device will be perfectly accurate. Nothing in this section excludes any rights or remedies you may have under applicable law.

We reserve the right to discontinue a product or limit quantities offered to any person, geographic region or jurisdiction, subject to applicable law.

3. Orders

When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order.

AVL Shop reserves the right to accept or decline an order, subject to applicable law. Your order is not accepted until AVL Shop confirms acceptance. Payment authorization, order confirmation, and acceptance may be subject to the checkout process and the terms displayed at the time of purchase.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation requests after an order has been accepted, processed, or dispatched. If we do not accept, make a change to, or cancel an order, we may attempt to notify you by contacting the email address, billing address, and/or phone number provided when the order was placed.

Your purchases are subject to our Return and Refund Policy. This does not limit any rights you may have under applicable law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, unless otherwise agreed by AVL Shop.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be set out in your order confirmation, subject to correction of errors as permitted by applicable law.

Unless otherwise expressly stated, posted prices may exclude applicable taxes, shipping, handling, customs duties, import taxes, brokerage fees, or other charges. Any charges collected at checkout will be displayed as part of the checkout process where applicable.

Shipping costs vary by product, destination, weight, dimensions, supplier, and shipping method. Some products may qualify for free shipping where expressly stated. Certain large, heavy, or oversized products may require a separate shipping quote before shipment can proceed. Any additional shipping charge must be communicated to you and agreed upon before it is applied.

Prices posted in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties.

We may offer promotions from time to time that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern to the extent permitted by applicable law.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that you are authorized to use the payment method you provide and that the information you provide is true, correct and complete. You agree to pay charges incurred by you at the applicable prices, including shipping charges and applicable taxes or other disclosed fees.

5. Shipping and delivery

Shipping methods, costs, and estimated delivery times vary by product, destination, supplier, and carrier. Some products are shipped directly by suppliers, while others may be fulfilled through different arrangements.

Where a shipping rate is available, it will be displayed at checkout. For certain large, heavy, or oversized products, a separate shipping quote may be required. If a separate quote is required, we will communicate the applicable shipping cost and delivery arrangements before proceeding with shipment. Any additional shipping charge must be communicated to you and agreed upon before it is applied.

Delivery times are estimates only and are not guaranteed. Delays may occur because of shipping carriers, supplier processing, customs procedures, weather, or other circumstances outside our reasonable control. Nothing in these Terms of Service excludes rights or remedies that may apply under applicable law.

Products in the same order may ship separately and arrive at different times. Tracking information will be provided where available.

Please review our Shipping Policy for additional information.

6. Intellectual property

Our Services, including but not limited to trademarks, brands, text, images, graphics, product reviews, video, and audio, are owned by AVL Shop, AVL Custom Homes Inc., their affiliates or licensors, or other respective rights holders, and are protected by applicable intellectual property laws.

Product names, trademarks, images, specifications, and other materials supplied by manufacturers, distributors, or other third parties remain the property of their respective owners. Their appearance on our store does not imply that AVL Shop owns those rights or that any third party endorses AVL Shop.

The purchase or delivery of any product does not grant or confer any intellectual property rights in or to the product, its design, software, or underlying technology. All such rights remain with the applicable rights holder.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit material on the Services without the necessary permission, except as permitted by applicable law.

Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by the applicable rights holders.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, to the extent permitted by applicable law.

We shall have no liability arising from or relating to your use of optional third-party tools except to the extent liability cannot lawfully be excluded or limited.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

We may offer new features through the Services in the future. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk, subject to applicable law. Please review the third party's policies and practices before engaging in a transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party, except where your purchase was made directly from AVL Shop or applicable law provides otherwise.

9. Relationship with Shopify

AVL Shop is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify's systems to deliver the Services.

Any sales and purchases you make in our store are made directly with AVL Shop, operated by AVL Custom Homes Inc. Shopify is not the seller of products purchased from AVL Shop.

Nothing in this section excludes or limits any rights or remedies you may have under applicable law.

10. Privacy policy

Our Privacy Policy explains how we may collect, use, and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, as you browse and interact with our store, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including transaction information. Shopify may use this information to provide, secure, and improve the Services, process transactions, and help prevent fraud.

Information collected when you visit or use the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, as necessary to provide the Services.

Please review our Privacy Policy and Shopify's Privacy Policy for more information.

11. Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback for purposes related to operating, providing, evaluating, improving, and promoting the Services, subject to applicable law.

You represent that you own or have the necessary rights to submit the Feedback and that it does not violate the rights of any third party or applicable law.

We are not obligated to maintain Feedback in confidence, pay compensation for it, or respond to it, except where required by applicable law or a separate agreement.

We may monitor or remove Feedback that we reasonably consider unlawful, abusive, misleading, infringing, or otherwise inappropriate. You remain responsible for the Feedback you submit and its accuracy.

12. Errors, inaccuracies and omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information. If an error affects an order, we may contact you to explain the issue and discuss available options, including cancellation and any refund required by applicable law. We will not use this section to avoid obligations imposed by applicable law.

13. Prohibited uses

You may access and use the Services for lawful purposes only. You may not access or use the Services to violate applicable laws, infringe intellectual property rights, transmit false or misleading information, impersonate another person or entity, send unlawful spam, introduce malicious code, collect personal information unlawfully, or interfere with the operation or security of the Services.

You must not use the Services in a manner that unlawfully harms AVL Shop, Shopify, other users, or third parties, or that exposes them to liability.

We reserve the right to suspend, disable, or terminate access to the Services where we reasonably determine that these Terms have been violated, subject to applicable law.

14. Agents

This section applies if you use, allow, enable, or cause the deployment of an automated agent to access, use, or interact with the Services.

An "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity.

Agents must not misrepresent their identity, bypass security measures, circumvent access restrictions, or continue accessing the Services after being instructed to stop. We may use technical measures to limit whether and how automated agents access, use, or interact with the Services.

15. Termination

We may suspend or terminate your access to the Services where permitted by applicable law. You remain responsible for amounts properly due up to the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law, and privacy.

16. Disclaimer of warranties

Information presented on or through the Services is made available for general information purposes. We take reasonable steps to maintain accurate information, but product specifications, availability, and other details may change.

Except as expressly stated by AVL Shop or required by applicable law, the Services are provided on an "as is" and "as available" basis. Nothing in these Terms excludes or limits any warranty, guarantee, condition, or consumer right that cannot lawfully be excluded or limited, including any applicable rights relating to product quality, durability, fitness for purpose, or conformity with description.

Manufacturer warranties, where available, are subject to their applicable terms. The existence of a manufacturer's warranty does not remove any mandatory rights or remedies you may have against the seller under applicable law.

17. Limitation of liability

To the fullest extent permitted by applicable law, AVL Shop and AVL Custom Homes Inc. will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability for matters that cannot lawfully be excluded or limited, including any mandatory consumer rights or remedies. These Terms do not limit any liability to the extent such limitation is prohibited by applicable law.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless AVL Shop, AVL Custom Homes Inc., Shopify, and their respective affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, or expenses arising from your unlawful use of the Services, your violation of these Terms, or your infringement of another person's rights.

This section does not require you to indemnify any party for that party's own conduct to the extent such an obligation would be prohibited by applicable law.

19. Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms. This will not affect the validity and enforceability of the remaining provisions.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract.

20. Waiver; entire agreement

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and the policies referenced herein constitute the agreement between you and AVL Shop regarding your use of the Services, subject to applicable law and any separate agreement that applies to a particular transaction.

21. Assignment

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent, except where permitted by applicable law. AVL Shop may assign or transfer these Terms as part of a business reorganization, sale, or transfer, subject to applicable law.

22. Governing law

These Terms of Service are governed by the laws of Ontario and the applicable laws of Canada, without limiting any mandatory consumer protection laws that apply in the province, state, or country where you reside.

Nothing in this section limits any rights you may have to bring claims in your local courts or rely on mandatory laws that apply to you.

23. Translations

These Terms of Service may be available in languages other than English. If there is an inconsistency between the English version and a translated version, the English version will prevail to the extent permitted by applicable law.

24. Headings

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

25. Electronic communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email or notices posted through the Services, subject to applicable law.

These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other matters relating to the Services. You are responsible for keeping your contact information current.

26. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We may update these Terms of Service by posting changes to our website. Where required by applicable law, we will provide notice of material changes and specify when they take effect. Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the updated Terms, to the extent permitted by law.

27. Contact information

Questions about these Terms of Service should be sent to:

AVL Shop
Operated by AVL Custom Homes Inc.
Email: info@avlshop.ca
Phone: 647-466-6989

Our contact information is also available on our Contact page.