Welcome to the eclipsestores.com website (the "Website") owned and operated by Eclipse Stores Inc. and its affiliates (herein referred to as "Eclipse"). This Website is strictly for your personal and non-commercial use and information.
This page contains the Terms that govern your use of the Website. Please read them carefully before using it. If you do not agree to the Terms as stated herein, you may not use the Website.
Eclipse reserves the right to change, modify, alter or otherwise update the terms applicable to this Website without any prior written notice at any time and in its sole and absolute discretion. We will notify you of any such changes or updates to this Website simply by posting notice on this Website. Your continued use of this Website following any such change will constitute your acceptance of the new Terms and policies, as modified therein.
Eclipse's products and services available through this Website ("Products") may be ordered by individuals who reside within Canada. This Website is not intended for access or use outside of Canada. You are responsible to ensure that your access to this Website and the material and information available on or through it are legal in the jurisdiction in which you access or view the Website. This Website and its contents are not to be construed as an offer to sell any product or service.
AGE OF USER
This Website is intended for use by adults only. You should not use this Website to purchase any of our Products unless you are of the age of majority in the jurisdiction in which you reside and access this Website. By using this Website you represent that you are of legal age to enter into any purchase agreement through this Website and will be bound by its Terms. If you are under the age of majority in the jurisdiction in which you reside and or access this Website, your parent of guardian should use this Website on your behalf.
PRODUCT PURCHASES AND USER ACCOUNT AND PASSWORD
If you elect to register on the Website for the purchase of Products or otherwise, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account by any third party. You agree to be responsible for all activities on the Website that occur on your account or password. Eclipse reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
PRODUCT INFORMATION AND AVAILABILITY
Products which are displayed on this Website and that may be purchased are available for sale and distribution to customers in Canada only. Eclipse attempts to be accurate in describing all Products available for sale, however, Eclipse does not warrant that Product descriptions or other content of this Website are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. Eclipse is not responsible for typographical errors regarding the price or any other matter indicated nor can we guarantee that the user's monitor will accurately portray the actual colours of the Products.
The availability of certain Products may be limited and/or not be available for immediate delivery. Eclipse may cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that Eclipse is unable to deliver a Product ordered, we will notify you via e-mail and your order (the "Order") will be either automatically cancelled if the Product is unavailable or contact you to allow you to maintain your Order subject to a revised delivery time if and when the Product becomes available. All prices are subject to change.
Before submitting an Order for the purchase of Products using this Website, you will be shown several steps including 1. Shopping Bag; 2. Your Information; 3. Review and Submit; 4. Order Confirmed. When you submit your Order by pressing the button for "Order Confirmed" describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes the Order will constitute an offer from you to Eclipse to purchase the Product(s) described in the Order confirmation, for the price and subject to the other charges, terms and conditions as set out in the Order Confirmed section.
As previously mentioned this Website and its contents are not to be construed as an offer to sell any product or service. Orders are not binding on Eclipse until accepted by Eclipse. Eclipse's acceptance of your Order will be evidenced by return e-mail from Eclipse to your e-mail address indicating that your Order has been accepted.
All prices and Product orders are quoted and will be processed in Canadian dollars. Although Eclipse strives to provide accurate Product and pricing information, errors may occur. Eclipse reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. Eclipse cannot confirm the price of a Product until after you submit an Order for the Product. In the event that the price or related information of a Product as described on the Website and/or the “Order Confirmed” section of the Order processing section of the Website is incorrect due to an error in pricing or product information, Eclipse may, in its sole discretion, refuse or cancel the Order, whether before or after Eclipse's acceptance thereof. If there is such an error in pricing, Eclipse may cancel the Order and reverse any charges that have been applied and contact you to request that you place a new Order for the Product at the correct price.
CONSENT RE ELECTRONIC DOCUMENTS
By using this Website you consent to the exchange of information and documents between you and Eclipse over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order confirmation(s) (“Order Confirmed” part of the Order processing on the Website) accepted by Eclipse in electronic form shall be the equivalent of an original written paper agreement between you and Eclipse. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.
Eclipse reserves the right, in its sole discretion, to limit quantities sold, terminate user accounts and to refuse or cancel any Order even if the Order has already been submitted, whether or not the Order has been confirmed or accepted and whether or not your credit card or pay account has been charged. In the event that your Order is cancelled after your payment has been processed, Eclipse will issue a full refund to you.
TERMS OF PAYMENT
Terms of payment for Products purchased through this Website shall be determined in Eclipse's sole discretion. Payment shall be made by credit card. Any paymen t made by credit card shall be subject to the approval of the financial institution that has issued the credit card.
SHIPPING RISK OF LOSS AND TAXES
Eclipse will ship Product(s) ordered by you according to the delivery method you have selected and to the address indicated in the Order Confirmation. Delivery times provided by the Eclipse are only estimates and Eclipse shall not be responsible for any damages or costs resulting from any delays in delivery of the Product(s) Ordered.
Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes or dues. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes and duties associated with the order which may be charged in their jurisdiction.
All Product(s) purchased from Eclipse are delivered via third party delivery companies, pursuant to a shipping contract. You shall become the owner of the Product(s) and assume the risks of loss from the time of delivery by Eclipse of the Product(s) to the third party delivery company.
All Product returns are subject to Eclipse’s Return Policy, the Terms of which are deemed to be incorporated herein.
The Website may only be used for lawful purposes and is only available to you for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and accessing product information for your personal review
You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Website. Eclipse specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following purposes:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a civil or criminal offense, giving rise to civil or criminal liability or otherwise violate any city, provincial, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted, trademarked or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Attempting to interfere in any way with the Website's or Eclipse's networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
- Violating or attempting to violate the security of the Website, including but not limited to:
- Accessing data not intended for you or logging on to a Eclipse server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Website, our providing services to any other visitors to the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing" the Website;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Website.
LINKING TO EXTERNAL WEBSITES
We reserve the right to remove and/or delete any communication, transmission, or posting that includes a link to an external website.
Eclipse may use "cookies" to track your preferences and activities on the Eclipse Website. Cookies are small data files transferred to your computer's hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website.
Please see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. Without cookies, some of the website's functions may however not be available, and the user will lose some of the benefits of the website.
COPYRIGHTS AND TRADEMARKS
Material on this Website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or provided by Eclipse, however Eclipse does not represent or warrant that such material does not infringe the rights of any other person or entity.
The material on this Website is protected in Canada and in other jurisdictions by the Copyright and Trademark Acts and by virtue of all other applicable Canadian law and international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Eclipse.
Trademarks, logos and service marks (collectively, "Marks") displayed on this Website are registered or unregistered Marks of Eclipse or others and are the property of their respective owners, and may not be used without the written permission of the owner of such Marks. Nothing in this Website shall be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act or Trade-marks Act of Canada or the appropriate jurisdiction.
Subject to its right to revoke such authorization at any time in its sole discretion notwithstanding the foregoing, Eclipse authorizes you to make an electronic or paper copy of the information posted on any page of this Website provided that the copy is used solely for non-commercial, personal purposes and that in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such Website.
This license does not include the resale of this Website or its contents, any collection of product listings, descriptions or prices, any other derivative use of this Website or its contents, any downloading or copying of the information contained herein for the benefit of any merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any page on this Website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of Eclipse without the express written consent of Eclipse.
You may not use any meta tags or any other "hidden text" utilizing Eclipse's name or trademarks without the express written consent of Eclipse. Any unauthorized use of this Website and/or its contents will automatically terminate the permission or license granted by Eclipse.
Except as otherwise provided herein, nothing in these Terms shall be construed as conferring, in any way whatsoever, any license or right including but not limited to copyright, patent, trademark or other intellectual property or right of Eclipse or any other person or entity.
USER OR PURCHASERS MATERIAL
Eclipse is not responsible for any text, image, video, audio, or any information, content or other materials that may be introduced into or posted through this Website or any other Eclipse Website including any Eclipse pages on social networking sites and webpages such as Facebook, Twitter or YouTube (collectively, your or the "Material").
The Material provided by the user of the Website does not necessarily reflect the views, ideas or opinions of Eclipse or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and Eclipse disclaims any and all responsibility for any such Material.
By utilizing this Website you agree never to knowingly or otherwise introduce or post or provide Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, violates any other party's proprietary rights, promotes hatred or otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or is otherwise unlawful or in contravention of applicable laws and regulations.
You agree to defend and hold Eclipse harmless against all claims, damages, liability, losses or expenses resulting from or related to your or the Material. Eclipse reserves the right to edit, alter or delete any Material at any time without prior notice in its sole discretion.
All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
USE OF MATERIAL AND CONFIDENTIALITY
You acknowledge and agree that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that your Material and Eclipse's use of such Material as permitted in these Terms, does not infringe on your rights or the rights of any other person or entity.
Eclipse may monitor the access to its Website and other activities in relation to its Website for quality control or any other purpose and may intervene in this regard. You consent to such surveillance and intervention should Eclipse elect to do so.
USE AND MODIFICATION OF WEBSITE
Eclipse may for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this Website or any aspect of it and or your use of it and Eclipse shall not be liable to you or any other third party for doing same. Eclipse may also impose rules and or limits on the use of this Website or restrict your access to all or part of it without notice or liability and in its sole discretion. All rights not expressly granted in these terms shall be deemed to be and are reserved to belong to Eclipse.
EXCLUSION AND DISCLAIMER OF WARRANTIES
For the purposes of this Section "ECLIPSE" shall include Eclipse’s respective Director, Officers, Employees, Agents, Mandatories, contractors and any third party supplier or contractor.
The following exclusions are in addition to any specific exclusion otherwise provided herein.
Eclipse makes no representation or warranty with respect to the functionality, good working order or condition of this website, its suitability for use, or that it’s use, or any information or material, accessed from or through this website will be uninterrupted or error-free. Eclipse does not represent, warrant or undertake that any errors on or relating to this website may or will be corrected or that any server from which the website is operated is or will be free from viruses or any other harmful components.
Except as expressly provided for herein, this website and all materials, products and information provided through or on this website are provided to you on an "as is", "with all faults" basis and Eclipse does not make any representation, warranty or condition of any kind, express or implied, written or oral, statutory or otherwise, including without limitation
- Warranties as to uninterrupted or error free transactions, privacy, or security,
- Accuracy, adequacy or completeness of the information herein; or
- The merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
LIMITATION OF LIABILITY
Eclipse will not be responsible for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to the following:
Any loss of data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of this website, including without limitation the materials or information provided through this website, links with other websites or social media, the products, or the transactions conducted on or from any eclipse website or social media, even if Eclipse or any of its lawful agents, contractors or employees have been previously advised of the possibility of such damages or claim.
Without limiting the foregoing, in no event will eclipse be liable for:
Damages or losses resulting from viruses including computer or web based viruses, data corruption, failed messages, damages arising as a result of same or transmission errors or problems, telecommunications service providers, Eclipse's contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by the user or purchaser, or their respective employees, agents, or subcontractors, or other events beyond the reasonable control of Eclipse.
If, notwithstanding the limitations noted herein, Eclipse is found to be liable for any damage(s) or loss in connection with this website, in no case shall Eclipse's total liability arising under any cause whatsoever including without limitation breach of contract, negligence, gross negligence or otherwise, be for more than the amount paid by the user or purchaser for the specific product(s) ordered under this agreement and to which the claim relates.
If you are dissatisfied with these terms or this website, your sole and unique remedy is to discontinue using and accessing this website.
These Terms and conditions herein shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.
This Website is controlled, owned and operated by Eclipse located in St. John’s, Newfoundland and Labrador, Canada and these Terms, this Website, any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of Newfoundland and Labrador and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
The user of this Website or the Purchaser of Product(s) on the Website acknowledges and agrees that any dispute that may arise with Eclipse in respect of these Terms and conditions and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the province of Newfoundland and Labrador and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts
If any one of these Terms or conditions shall be deemed invalid, void, or for any reason unenforceable, then such Term or condition shall be deemed severable from the remaining Terms and conditions and shall not affect the validity and enforceability of any remaining Terms and conditions.
Eclipse makes no representation that materials, information or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Eclipse’s failure to enforce any provision(s) of these Terms or conditions or to respond to a breach by you or any third party of these Terms or conditions shall not in any way waive the right of Eclipse to subsequently enforce any of the Terms and conditions contained herein or to act with respect to other similar or future breaches.
The Terms and conditions, together with all other agreements, Terms or conditions incorporated or referred to herein constitute the entire agreement between you and Eclipse with respect to the use of this Website and any transaction conducted on or from this Website and its contents, supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Eclipse making such amendments or modifications available to it pursuant to the Terms and conditions hereof.
You may not assign your rights or obligations herein without the express written consent of Eclipse.
Eclipse reserves the right, to terminate your access to all or any part of this Website, with or without notice in its sole discretion
The headings used herein are inserted for purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and conditions herein.
These terms and any supporting or ancillary documents are drafted in English. A French version of these Terms is also available here.
Last updated: April 2013