E-Commerce Terms and Conditions

To protect your own interests you must read and understand the following important terms before purchasing products from our site. If you are uncertain as to your rights under these Terms or you want any explanation about them please e-mail us at the e-mail address set out here: sharon@luvlocal.co  

1. Introduction

(a) These Terms explain how you may buy Products from the Site. You should read the following Terms carefully before buying any Products. When buying any Products you agree to be bound by these Terms and the documents referred to in them. If you do not agree to be bound by the Terms, do not check the box “I agree with the Terms” and do not proceed with your order. Please retain a copy of the Terms which have been e-mailed to you along with your purchase order. If you have any questions about these Terms, please contact us at 416-526-0856 or sharon@luvlocal.co .

(b) These Terms are only available in English. No other languages will apply to these Terms.

1. Definitions
2. (a) In these Terms, the following words have the following meanings:

“Confirmation E-Mail” has the meaning given to it in para.1.b.vi;

“Contract” has the meaning given to it in para. 1.b.vi;

“Products” mean the products and services sold by Vendors through the Site;

“Service Area” refers to the geographic location where we provide the Services, which as of the date of these Terms consists of the Municipality of Chatham-Kent, Ontario;

“Services” means the services provided by us, which consist of processing payment on behalf of the Vendors for the Products and arranging the shipping and delivery of the Products;

“Site” includes www.luvlocal.ca  and all associated web pages;

“Specific Terms” has the meaning given to it in para. 1.b.vii;

“Terms” the terms and conditions set out in this document and any Specific Terms;

“Vendor” refers to a person (whether an individual or a corporation) registered with us as a vendor to sell Products on the Site;

“We”, “Us” or “Our” means LuvLocal Inc., a company registered in Ontario under company number 1000640373 with its registered head office at 243 Elmwood Crescent, Orangeville, L9W 4T4; and

“You” or “Your” means the person buying Products from the Site.

1. Ordering Products Through the Site

1. Our Vendors sell Products through our Site, and we provide shipping. If you purchase any of the Products or services offered by these Vendors, you are purchasing directly from them and not from us. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these Vendors (including the content of their websites). We do not assume any responsibility or liability for the actions, product, and content of these Vendors or any other third parties, and you should carefully review their privacy statements and other conditions of use. 
   1. The steps required to create the Contract between you and us for the Services are as follows:
      1. Prior to being able to place an order, you must create a user account with us, including creating a user name and password.  
      1. Once your account has been created, you may place an order on the Site.
      1. When your order is placed with us at the end of the online checkout process and you have made payment in full, we will e-mail you to acknowledge that we have received your order. This order acknowledgment does not, however, mean that your order has been accepted by us or the Vendor.  Your credit card or debit card will be charged when you place your order.
      1. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the credit card you provided for payment.
      1. Your order will only be accepted once the Vendor confirms the Products are ready to be shipped and that you have either a) agreed to pick the Products up from the Vendor directly or b) provided us with a shipping address within the Service Area.
      1. ducts that Vendors sell may have specific terms and conditions that apply to them which are set out on the relevant web page (“Specific Terms”).
      1. When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct. Please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting your order to us.
      1. If you are less than 18 years old you may not purchase any Products from the Site.
      1. While we try to ensure that: all weights, sizes and measurements set out on the Site are as accurate as possible there may be some variance in such weights, sizes and measurements;
      1. While we try to ensure that the colours of our Products are as accurately displayed as possible on the Site, the actual colours that you see on your computer may vary depending on the monitor that you use; and
      1. while we use our best efforts to fulfill all orders, we cannot guarantee that a particular product offered through the Site will be available at the time you make your order, and your order is subject to the availability of Products.  We reserve our rights to discontinue selling any product at any time without notice.

4 Delivery, Acceptance, and Returns

• The estimated date for delivery of the Products will be set out in the Confirmation E-mail. All delivery dates are estimates only and the time of delivery is not of the essence of this Contract. We are not liable to compensate you in damages or otherwise for non-delivery or late delivery of the Products, or any part of them, for whatever reason or for any direct or indirect loss arising. 
• If we cannot deliver the whole or part of any Products because of any cause which is not reasonably within our control, the time of delivery shall be extended by a period equal to that during which the cause delaying delivery exists. If this condition applies, we will deliver and you shall take and pay for such part of the Products as we are able to deliver in accordance with the Contract. Unless you and we agree otherwise, if we cannot deliver your Products within thirty (30) days of the Confirmation E-mail, we will e-mail you to advise you and we will cancel your order.
• We shall be entitled to deliver the Products in one or more consignments or instalments unless otherwise expressly agreed. In all cases where delivery is made in one or more consignments or instalments, each consignment or instalment shall be deemed to be made under a separate Contract and may be invoiced separately, and cancellation of any consignment or instalment shall not void or affect Contracts as to other consignments or instalments.
• We are not liable to compensate you in damages or otherwise for unsatisfactory Products, unless and only to the extent that the unsatisfactory condition of the Products results from our performance of the Services.  If you establish to our reasonable satisfaction that the Products are not in accordance with the Contract within seven (7) days of the receipt of such products, and that such unsatisfactory condition has been caused by us, your sole remedy shall be limited, at our option, to the replacement of the Products at our expense or refund of the purchase price against return of the Products.
• If the Products are unsatisfactory for reasons that are not our responsibility, you will need to reach out to the Vendor directly using the contact information for that Vendor provided on the Site.  If the Vendor does not respond within five (5) working days, contact us at sharon@luvlocal.co and we will contact the Vendor.
• We can only deliver Products to addresses within the Service Area at this time.  Delivery of the Products will take place when we deliver them to the address that you gave to us. For non-perishable items, deliveries will be placed on your doorstep and/or in your house mailbox (if you have a mailbox at your doorstep). For perishable items, you must be available to receive the order in hand.  You will be responsible for the Products when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the Products) and you will own the Products when we receive payment in full for them and any related delivery charges. Please note that we do not make deliveries to any addresses outside of Canada.

5 Property, Risk and Default

• Risk of loss of or damage to the Products shall pass to you at the time the Products are delivered to the address you provided to us.  Property in the Products shall not pass to you until we receive full payment (in cleared funds) for the Products. If you do not pay for the Products on time (or if payment is reversed) then the Vendor shall be entitled to the immediate return of the Products and you hereby irrevocably authorize us to recover the Products on the Vendor’s behalf and to enter your premises for that purpose. Demand for or recovery of the Products by us does not affect our other legal rights.
• We may, at our option, cancel or withhold all further deliveries under the Contract if you: (i) do not pay any sum due under this or any other contract between us and you on time;  (ii) being a natural person, die or become bankrupt; (iii) being a company, enter into liquidation or if an administrator or receiver or administrative receiver is appointed over all or part of your undertaking, property or assets; (iv) enter or offer to enter into any arrangement or composition with your creditors; or (v) suffer anything similar or analogous to any of these events under the laws of any jurisdiction in which you are incorporated, resident or carries on business.

6 Payment

• You may pay for the Products by credit card, and all payments are processed through Moneris. We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the Products is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us
• All payments by credit card or debit card need to be authorized by the relevant card issuer. If your payment is not received by us and you have already received the products that you ordered from us, you must pay for such products within thirty (30) days or must return them to us as soon as possible. You must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals provided with the products) and not use them before you return them to us. If you do not pay for the products or return them to us in accordance with this paragraph:
  • we may collect the products from you at your expense. We will e-mail to advise you if we intend to do this; and/or
  •  we may also charge interest on any balance outstanding at the rate of 15% per annum. We will e-mail to advise you if we intend to do this.

7 Warranties

(a) As we are not the manufacturer, distributor or vendor of the Products, we make no warranties in respect of the Products.  The only express warranties or conditions are provided in respect of the Products are any warranties provided by the Vendor.  We do not represent or warrant that product descriptions and other information on the Site are accurate, complete, reliable, current or error-free.

Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply to you.  Please consult the laws of your province for a full understanding of your rights.

To the fullest extent permitted by applicable laws, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.

(b) The packaging of the Products may vary from that shown on the Site.

8 Limitation of Liability

• EXCEPT FOR FRAUD OR FRAUDULENT MISREPRESENTATION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL ONLY BE LIABLE FOR ANY LOSS OR DAMAGE WHICH IS A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME THESE TERMS ARE ENTERED INTO. IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PRODUCTS ON THE SITE, THE DELAY OF DELIVERY OR INABILITY TO USE THE PRODUCTS OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, THE ABOVE EXCLUSION APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
• Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other matter in respect of which it would be unlawful for us to exclude or restrict our liability.
• Subject to paragraphs 4 and 7 above our total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise arising under or in connection with a Contract is limited to $5,000 or the total price paid by you under the Contract, whichever is greater.

9 Disputes and Language

(a) We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of Ontario will have exclusive jurisdiction in relation to the Terms.

(c) The parties acknowledge that they have required that the Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais.

10 Entire Agreement and Notices

 The Terms, your purchase order and our confirmation of shipping constitute our entire agreement with you.

Any notices required or permitted to be given under the Terms or applicable laws may be given to you at the e-mail address you provided to us during your order. Any notice given to you will be effective two (2) days after we send the notice to you, irrespective of whether you receive it or it is returned to us as undeliverable.

You may contact us at 416-526-0856 or sharon@luvlocal.co

Website Legal Terms and Conditions

1. Introduction

(a) These terms of use explain how you may use this website (“Site”). References in these terms to the Site includes www.luvlocal.co and all associated web pages. You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact sharon@luvlocal.co.

(b) Definitions

“Content” means any text, images, video, audio or other multimedia content, software or other information or material subsisting on or accessible from the Site, including information about Products;

“Products” means any products advertised by us for sale through the Site;

“We”, “Us” or “Our” means LuvLocal Inc., a company registered in Ontario under company number  1000640373.

 “You” or “Your” means the person accessing or using the Site or its Content.

(c) Privacy Statement and Additional Terms — These terms include our Privacy Notice which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content or Products made available or supplied by us using the Site, including but not limited to our E-Commerce Terms and Conditions. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order where orders can be submitted via the Site. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.

(d) This Site is intended for and directed to residents of Canada over the age of 18 years.

(e) Accessibility — We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at sharon@luvlocal.co and/or use the website accessibility tools available at [link to accessibility tools].

• Restrictions On Use

(a) The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:

(i) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;

(ii) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

(iii) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;

(iv) not to use the Site to distribute viruses or malware or other similar harmful software code; and

(vi) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.

(b) We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.

• Ownership, Use and Intellectual Property Rights

(a) This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

(b) Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Content. The use or misuse of any trademarks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.

• Accuracy of Information and Availability of the Site

(a) While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

(b) While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.

• Hyperlinks and Third Party Sites

(a) The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

• Warranties and Limitation of Liability

(a) You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose.

(b) To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or omissions in any Content, for your action or inaction in connection with the Site, the unavailability of the Site for any reason, and any representation or statement made on the Site.

(c) Your use of the Site is at your own risk. In no event shall we, our affiliates or our agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of the Site, the materials or products on the Site, the delay or inability to use the Site or otherwise arising in connection with the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if we are advised of the possibility of any such damages.

(d) Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

(e) Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.  If your jurisdiction does not allow the exclusion of certain implied warranties or the exclusion or limitation of damages, the above exclusion applies only to the maximum extent permitted by law.

• Indemnity

By using the Site, you agree to indemnify, defend and hold us and our directors, officers, employees and affiliates harmless from any liability, loss, claim and expense, including reasonable legal fees, related to a your violation of this Agreement or use of the Site.

• General

(a) These terms are dated November 15, 2023. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

(b) Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email at sharon@luvlocal.co and all notices from us to you will be displayed on our website from to time.

(c) We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

(d) If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

(e) These terms and conditions (together with the Privacy Statement and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

(f) You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.

(g) This Agreement shall be treated as though it were executed and performed in Ontario, and shall be governed by and construed in accordance with the laws of Ontario (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Ontario. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process if required.

(h) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

(i) The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.