Terms and Conditions

ARGear Inc. Return Policy:

Due to the nature of the equipment we sell, we cannot accept any returned gear unless it has a manufacturers defect.  Defective items can be returned within 15 days of purchase date.  Call or email for a Return Materials Authorization (RMA) number.  ARGear Inc. is not responsible for any merchandise returned without an RMA number.  Any returned merchandise will be inspected by a qualified person and may be subject to a restocking fee.

 

 

Privacy Policy:

We know that your privacy is very important to you. That's why protecting any personal information, such as your name, address, email address or phone number that you provide to us is of the utmost importance to ARGEAR Inc. and its subsidiaries, divisions, affiliates and brands ('ARGEAR Inc.'). As a result, we have prepared this Privacy and Security Statement to let you know about the manner in which we collect, use, disclose and otherwise manage the personal information you entrust to us.

 

When you provide personal information to us, you are consenting to the manner in which ARGEAR Inc. will collect, use, disclose and otherwise manage your personal information, as set out below.

 

We may collect personal information that you provide us when you:

 

Purchase, order, return, exchange or request certain information about our products and services;

Request a quote and/or purchase one of our products or services;

Contact us by phone, fax, e-mail, or regular mail;

Visit or register with our Sites or participate in another feature of our Sites, such as a bulletin board;

Enter into a contest or sweepstakes or respond to one of our surveys; or

Provide us with comments or suggestions.

 

We may also collect personal information about you from our Service Providers.

 

Purchasing from ARGEAR Inc.:

When you purchase products and services from ARGEAR Inc. using a credit card or PayPal account, we will collect your credit card and/or PayPal account information and keep a history of your purchases. We will also collect information including your name, billing and shipping address. We use this information to process your orders, to ensure proper delivery, to better assist you when you call us as well as to improve our product and service offerings.

 

When you return previously purchased merchandise or request a refund or exchange, you may be asked to give your name, address, phone number and other information that identifies you, such as your driver's license information. We collect this information to help prevent fraud.

 

Toll Free Phone Number:

When you call us about a product, delivery, a billing question or for customer service, you may be asked for information that identifies you along with additional information we need to help us promptly answer your question, such as your name and address and a phone number where we might contact you. We may retain this information to assist you in the future.

 

Online Registration:

Registration is an optional service provided by our Sites. You do not have to register to browse or shop online. When you register, you are asked for personal information such as your name, address, phone number, e-mail address, a password that you select, and optionally, your interests. Your registration information may be used to help make your online shopping quicker and easier, by pre-filling certain parts of your shopping information. When you register you will have the opportunity to sign up for future marketing information from ARGEAR Inc.

 

Other Uses of Personal Information:

ARGEAR Inc. uses personal information, including information provided to us from our Service Providers, to continually assess and improve the products and services we offer. We would also like to inform you of products and services, sales and special offers that might benefit you.

 

We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers. If you would not like to be so contacted, please advise us in writing and we will make best efforts to comply with your wishes.

Your Suggestions: We use your feedback, suggestions, survey information and comments solely to monitor and/or improve the use and features of our Site and our product and service offerings.

 

Children:

ARGEAR Inc. sites are not intended for use by children under the age of 18. We do not knowingly collect personal information from children under the age of 18.

 

Disclosure of Personal Information

Personal Information Disclosure: ARGEAR Inc. will not trade, rent or sell your personal information, without your prior consent, except as otherwise set out herein.

 

Companies or Individuals that work with or on behalf of ARGEAR Inc.

Some of our operations, such as our transaction processing and shipping operations, may be managed by unaffiliated companies or individuals. These companies and individuals may have access to your personal information on a confidential basis, and only to the extent necessary to perform their functions. Your personal information may be stored and processed in the United States by ARGEAR Inc. and our Service Providers. In no event will these companies have the right to use your personal information for any reason other than to provide you with those specific services. Information provided by you will be used by ARGEAR Inc. and its Service Providers to learn about the experiences of our customers so that we may enhance our programs and improve our level of service.

 

If your purchases are being shipped to you, we will share your shipping information on a confidential basis with our delivery service providers (U.S. Postal Service, Canada Post, or other delivery companies we or you select). Our delivery service providers are prohibited from using your personal information for any purpose other than making the delivery.

 

Sale of Business:

ARGEAR Inc. reserves the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets to a third party acquirer.

 

Legal:

Please note that ARGEAR Inc. and our Service Providers must provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We may also disclose personal information to assist us in collecting a debt owed by you.

 

Access to Personal Information

You may request, in writing, access to the personal information that we have about you.

 

ADDITIONAL INFORMATION ABOUT OUR SITES

Visiting our Site:

In general, you can visit our Sites without telling us who you are or providing us with any information. However, we collect the IP (Internet protocol) addresses of all visitors to our Site and other related information such as page requests, browser type, operating system and average time spent on our Site. We use this information to monitor and improve our Site.

 

Cookies:

Our Site may use a technology called 'cookies'. A cookie is a tiny element of data that our Sites can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on our Site where you are prompted to log in or that are customizable require that you accept cookies. If you have registered with our Site, these cookies (1) may let us know who you are, (2) are necessary to access your account information (stored on our computers) in order to deliver products and personalized services, and (3) will provide us and our service providers with information that we will use to personalize our Site in accordance with your preferences. Cookies are also required to optimize your shopping experience in that they allow you to add multiple items to your shopping basket before checking out. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from our Site, you will limit the functionality we can provide when you visit our Site.

 

Tracer Tags:

Our Site may also use a technology called 'tracer tags'. These may also be referred to as 'Clear GIFs' or 'Web Beacons'. This technology allows us to understand which pages you visit on our Site. These tracer tags are used to help us optimize and tailor our Site for you and other future website visitors.

 

Third party links:

Our Site may include links to the websites of our business partners, vendors and advertisers. Except as provided herein, we will not provide any of your personal information to these third parties without your prior consent.

 

ARGEAR Inc. provides links to third party websites as a convenience to the user. The inclusion of any link does not imply ARGEAR Inc.’s endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend you read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.

 

Security of Personal Information:

We will maintain the confidentiality of all personal information collected by us and from our Service Providers and will only disclose such information to employees and Service Providers who require such information for the purposes described in this Privacy and Security Statement. We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. We maintain your personal information for as long as required for the purposes set out in this Privacy Statement, or as otherwise required or permitted by law.

 

Who we are:

ARGEAR Inc. is a privately held corporation incorporated under the laws of Ontario, Canada.

 

How to Contact Us:

We want to assure you that ARGEAR Inc. is dedicated to protecting your privacy. You can contact us or otherwise communicate your privacy concerns by:

 

calling us at 905 631 1914

e-mailing us at sales@argear.ca or

writing us at the address below (please include your e-mail address and phone number with your correspondence along with the information needed to support your request)

 

For any privacy concerns please contact us at:

ARGEAR Inc.

4390 Paletta Ct. Unit G, Burlington, Ontario, Canada, L7N 5R2

 

Copyright © 2009-2014 ARGEAR Inc.

 

 

Terms of Service:

OVERVIEW

 

This website is operated by argear.ca. Throughout the site, the terms “we”, “us” and “our” refer to argear.ca. argear.ca offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

 

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, or that you are 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

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

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall argear.ca, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless argear.ca and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensor's, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVER ABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

 

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

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of G - 4390 Paletta Ct. Burlington  CA L7L5R2.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at sales@argear.ca

 

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