Terms of Service

 

FAT FRAMES TERMS AND CONDITIONS

Thank you for using the Fat Frames site. These terms and any policies which are incorporated by reference (the “Terms and Conditions”) are a legal agreement between you (“you”) and Fat Frames Incorporated (“Fat Frames”).

These Terms and Conditions apply when you use our site and purchase of our products (“Products”) through our site.  By placing an order to purchase Products through our site, you agree to be bound by these Terms and Conditions.

Please read all the terms before you indicate acceptance at checkout.  They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. If for some reason you do not accept these terms, fair enough, but then you may not complete your purchase or use our site.   By the way, you are bound by these terms even if you do not read all the terms.

1.       Access to the Site

If you are old enough to be the age of minority in your province or state of residence (or if you have the consent of a parent or guardian), you may access and use our site for personal use, subject to the restrictions set out in these Terms and Conditions. This site is for residents of Canada and the United States.

2.       Price and Payment Terms

Prices are listed in Canadian currency.  The total price and all other related charges for Products will be set out in your payment page or purchase receipt.  Prices listed on the Product pages do not include shipping and handling or applicable sales taxes, which will be added to the price you pay depending on your location and state or province.  You can view the total price on the payment page when you checkout. Fat Frames will also provide confirmation of your order to the email address you provided during your order process.

All payment terms are within our sole discretion and will be specified during your checkout process.  Payment must be made in full and received by Fat Frames prior to acceptance and shipping of an order.  We do not provide a currency exchange services, and your credit card provider may charge currency exchange fees.

Advertisements on our site are invitations to you to make offers to purchase Products and are not offers to sell.  Your order will be accepted only if and when Fat Frames sends a shipping notice email to the email address you provided during your order process.  If Fat Frames does not accept your order in whole or in part, you will be notified, and we will refund any amounts paid by you for the order or part of the order not accepted by us.  We may reject an order for any reason, including without limitation for a misprint in the price offer or advertisement, product shortage, a lack of sufficient delivery information from the buyer, or shipping restrictions to certain locations or destinations.

3.       Refunds and Returns

The Fat Frames Refund Policy applies to refunds and returns of all purchases through our site. By agreeing to these Terms and Conditions, you agree to the Refund Policy which is incorporated by reference.  Please read that policy carefully.

4.       Sales Tax

You are responsible for all applicable goods and services and harmonized sales taxes, and all other taxes associated with the order. Separate charges for taxes will be shown in your payment page or purchase receipt.

5.       Shipping and Title to the Products

The costs of shipping and handling will be shown on your payment page or purchase receipt.  Fat Frames will arrange delivery of the Products to the address you provide, using the process set out in your order, by the common carrier selected by Fat Frames.  Orders for multiple Products may be shipped separately.

Title and risk of loss to Products passes to you upon delivery to the common carrier.

Unless expressly set out in your order, Fat Frames does not provide insurance on Products during delivery.

Fat Frames will tell you the estimated shipment dates, but we don’t drive the truck – we use order-fulfilment contractors, so we are not liable for any delivery delays or failure to ship by the estimated due date, including delays beyond the reasonable control of our contractors or Fat Frames. Some things really are beyond our control.

6.       Product Changes

We update our catalogue, change things, tweak designs and so please be aware that Products may change or be discontinued at any time.  Fat Frames will deliver Products that have characteristics similar to the Products you ordered, but it’s possible that you may see minor changes between what is delivered and what is described online. We may ship Products with minor specifications changes, provided that the item has the same functionality, performance and characteristics of the ordered Products.

Fat Frames has made every effort to display the colours, materials and styles of Products as accurately as possible, but the actual item in real life may appear or seem different than how they appear on our site.  Actual colours will depend on photographic processes, the browser, the quality of your screen, your eyesight, lighting, mood… anyway, Fat Frames cannot guarantee that the thing you see on our site and the thing delivered to your door will be identical in colour and materials and style.  So, this just means that Products may differ slightly from how depicted in illustrations, photography or descriptions.

7.       Intellectual Property & Content

a.       You agree that our Product designs belong to us, as well as our brands and trade-marks. Other company names and logos displayed on our site may be trade-marks of other owners

b.      As an authorized user, from time to time the site might allow you to input certain content (“User Content”) such as product reviews, or comments. We claim no rights to your User Content that you input. If you use our site to post any User Content, you agree to the additional terms applicable to User Content:

                i.      We reserve the right to suspend or terminate the account, and delete the User Content, of any user whose conduct or content does not conform to this agreement or our standards, in our sole discretion.

                 ii.      You represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content, (c) that such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with our acceptable use standards.

                  iii.      If you choose to submit, post, upload or input User Content to our site, you agree that we may publish this content on our site.

8.       Acceptable Use: Our site may be used only for personal purposes by users who have agreed to these Terms and Conditions. You must comply with all applicable federal, provincial, state and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:

a.       breach our acceptable use standards;

b.      aggregate, scrape or harvest any portion of our site, including any Product images, personal or contact information, and you may not use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail;

c.       corrupt, falsify or distort any User Content or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or

d.      copy, misuse or duplicate the layout and design of our sites, or the underlying code of our site, or any of our trade-marks.

9.       Limited Warranty and Disclaimers

Fat Frames promises to you that we have the right to sell the Products to you, and we will make all reasonable efforts to make our site available to you subject to downtime for maintenance or other reasonable business reasons.

Other than this, Fat Frames makes no promises, representations, warranties or conditions, and we disclaim all warranties.

First, we do not provide any warranty or promises about shipping because we do not have control over that.  Our warranty does not include any damage due to shipping the Products to you.

Next, we do not provide any warranty or promise due to damage due to external causes, including without limitation wear and tear, accident, droppage, slippage, abuse, misuse, or use or care not in accordance with any Product documentation, or if you loaned the Products to someone else, and the Product was damaged or lost or someone sat on the Product and broke it.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAT FRAMES DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF PRODUCTS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND PRODUCT LIABILITY. NO VERBAL, ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY FAT FRAMES, ITS AGENTS OR EMPLOYEES, WILL CREATE A REPRESENTATION, WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF OUR RESPONSIBILITY OR WARRANTY.

10.   LIMITATION OF LIABILITY

(A) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOLE LIABILITY AND RESPONSIBILITY OF FAT FRAMES, AND YOUR SOLE REMEDY, FOR ANYTHING RELATED TO THE PRODUCTS OR THE SITE, INCLUDING DEFECTS IN PRODUCTS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCT LIABILITY, DAMAGE TO PERSON OR PROPERTY, OR ANY CLAIM, DISPUTE OR CONTROVERSY, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, PURSUANT TO STATUTE OR REGULATION, OR OTHERWISE, AND WHETHER PRE-EXISTING, PRESENT OR FUTURE, ARISING OUT OF OR RELATING TO THE PRODUCTS, THIS SITE, OR THESE TERMS AND CONDITIONS (EACH OF WHICH IS A “CLAIM”) IS LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OR SUPPLY OF THE PRODUCT GIVING RISE TO THE LIABILITY, OR THE AMOUNT OF $50, WHICHEVER AMOUNT IS LESSER.

(B) FAT FRAMES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA OR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OR SUPPLY OF PRODUCTS, COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT LISTED IN SECTION (A) ABOVE.

(C) SOME JURISDICTIONS DO NOT PERMIT SOME OF THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

11.   Indemnity

You agree to indemnify Fat Frames from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of these Terms and Conditions by you or users of your account, or in connection with (a) the uploading, posting or submission of any User Content by you or users of your account, or (b) any other breach by you of these Terms and Conditions or any other agreement with us.

12.   Entire Agreement

These Terms and Conditions set forth the entire agreement of the parties with respect to the site and the Products.  These Terms and Conditions may not be altered, supplemented, or amended by the use of any other documents.  Any attempt to alter, supplement or amend this document or to enter an order for Products that are subject to additional or altered terms and conditions will be null and void.

These Terms and Conditions may be changed by Company at any time, in its sole discretion without prior notice, with respect to any future sales or transactions with you.  Your continued use of the site or purchase or Products will constitute your agreement to the revised Terms and Conditions. Any transaction will be governed by the version of the Terms and Conditions which was in effect at the time of that transaction.

13.   Privacy

By agreeing to these Terms and Conditions, you also agree to our Privacy Policy, the terms of which appear on our site and are incorporated by reference into these Terms and Conditions. Please read that policy carefully.

14.   Governing Law, Disputes and Language

These Terms and Conditions and all related disputes or matters will be governed by the laws of the Province of Alberta, Canada, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the U.S. Uniform Commercial Code, and excluding any conflict of laws rules. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Alberta.

If for any reason a Claim proceeds in court, you waive any right to a jury trial.

These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

15.   Consent to Electronic Communications

By using the Fat Frames site, you consent to receiving certain emails and electronic communications from us as described in our Privacy Policy.

16.   Severability

Any part of these Terms and Conditions that is considered invalid, void, or unenforceable, will be considered severable and limited or eliminated to the minimum extent necessary.  The limitation or elimination of the term will not affect any other terms.

NOTHING IN THESE TERMS WILL AFFECT ANY STATUTORY RIGHTS THAT APPLY TO YOU TO THE EXTENT THOSE RIGHTS ARE INCAPABLE OF BEING WAIVED BY THE LAWS OF YOUR HOME PROVINCE OR STATE.

17.   General

We reserve the right to terminate or block your access to the Site.

The failure of Fat Frames to assert a right under these Terms and Conditions, or to insist upon compliance with any of the Terms and Conditions will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you.

You cannot assign, transfer or sublicense these Terms and Conditions without first obtaining our written consent. Fat Frames may assign or transfer any of our rights and obligations without your consent.

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these terms. Use of this site is void where prohibited by applicable law.

Effective as of June 2, 2018.