Terms and Conditions
AREA OF APPLICATION
Welcome to the website www.photobrick.ca and all its divisions, subsidiaries, affiliates and internet sites, which offer you access to the website and sell you products under the terms and conditions established therein, we ask you to read these terms and conditions carefully before using the website www.photobrick.ca, since by entering our site you confirm your understanding with them, if you do not accept these terms and conditions of use, you will not be able to use this site.
These terms and conditions regulate the use of the website www.photobrick.ca owned by Photobrick Canada – 2774421 Ontario Inc., Toronto, Ontario.
Through its website www.photobrick.ca, Photobrick Canada, puts at your disposal a digital environment in which sellers, subscribers and users concur, in it, certain goods are offered with the possibility of buying or services.
Photobrick Canada, reserves the right to change, modify, add or eliminate parts of these terms and conditions of use at any time, the changes will be effective when they are published on the site www.photobrick.ca, please periodically review the updates of these terms and conditions of use, since you will have to accept the changes that are made in order to continue accessing the site and continue buying products.
USE OF WWW.PHOTOBRICK.CA
To be able to use the site www.photobrick.ca you must be 18 years of age or, if applicable, be accessing under the supervision and consent of your parents, whoever holds the exercise of parental authority, guardianship and custody or else of legal guardian if it is the case. Each user may only be the owner of 1 (one) account on the site www.photobrick.ca, not being able to access more than 1 (one) account on the website with different email addresses or falsifying, modifying and / or altering your personal data in any way possible. If fraudulent and / or malicious use is verified or suspected and / or contrary to these Terms and Conditions and / or contrary to good faith, Photobrick Canada will have the final right to terminate the relationship, to terminate the accounts and even to collaborate judicially to prosecute the offenders. By accepting these terms and conditions we grant you a non-transferable and revocable license to use our site, under the terms and conditions described and accepted, for the purpose of purchasing items offered on our page.
By accepting these terms and conditions we grant you a non-transferable and revocable license to use our site, under the terms and conditions described and accepted, for the purpose of purchasing items offered on our page.
The commercial use or the name of third parties are prohibited, except as expressly permitted by us previously, any violation of these terms and conditions will lead to the immediate revocation of the license granted in this section, without prior notice.
Certain services and the features related to them, which may be available on the site www.photobrick.ca, may require registration or subscription, if you decide to register or subscribe to any of these services or related functions, you agree to provide accurate and up-to-date information about yourself, to quickly update that information if there are any changes.
SENDING OF PROMOTIONS, OFFERS AND COMMUNICATIONS RELATED TO YOUR ORDERS
During the registration process, you agree to receive promotional emails from the www.photobrick.ca site, however, later, you can choose not to receive such promotional emails by clicking on the link to remove from any promotional email.
Likewise, during the registration process you expressly authorize us to make phone calls and send you text messages for marketing purposes, however, at any time you have the power to revoke this consent, contact us where you expressly express your desire not to continue receiving calls. phone calls or texting by our marketing team.
In order to facilitate the monitoring of your orders, you expressly authorize us to receive confirmations related to the delivery time of the products purchased on our website, through the instant messaging system known as “WhatsApp” or any other means. ; The channel (s) will be enabled only to inform you of the status or status of your order. Through the mentioned means (s), it will not be possible to interact so the communication will be from Photobrick to you, therefore we will not be able to receive responses. If you do not wish to receive such confirmations through the aforementioned channel, you can communicate it through the email firstname.lastname@example.org or you must block the number of the message sender.
Any communication that you send to the website www.photobrick.ca, including but not limited to, questions, criticisms, comments, suggestions will become our sole and exclusive property and will not be returned, unless there is a court order, likewise When you send comments or criticisms to the site, you also grant us the right to use the name you send, within the framework of said review, comment, or any other content, finally, it is worth mentioning that you should not use an email address false, that is, pretending to be someone you are not.
Likewise, the data that subscribers send to the website www.photobrick.ca, to register various accounts in order to benefit from the promotions of new subscribers, will also be our property and will not be returned unless there is a court order. Accounts will be canceled and terminated immediately, any benefit or promotion that has been tried to redeem will be canceled and the subscriber who has tried to obtain the benefit, the license granted at the time of subscription may be revoked, proceeding to cancel any order of products that had been made, without any type of responsibility on our part.
There are cases in which a purchase order may not be processed due to circumstances beyond our control and which cannot be foreseen, circumstances in which force majeure or fortuitous event intervenes, in that sense, www.photobrick.ca , will immediately inform the customer of the reason why it was not possible to process an order, restoring any amount charged to the subscriber, making it clear that in this process additional information can be requested to complete the reimbursement process.
Likewise, it refers that all the products offered on the site www.photobrick.ca, are subject to availability and are offered to our subscribers while stocks last, so it may be the case that the same product can be purchased by several customers at the same time and at the end of the sale process it turns out that the product is no longer available because it has been exhausted, even when it appears on the website www.photobrick.com.mx, in which case the subscriber will be informed of such situation proceeding to the reimbursement of any amount paid for the purchased product if it is the case or you will be notified of the impossibility of processing the purchase order.
If derived from some of the assumptions contemplated in this section, or from other circumstances, we had to reimburse the subscriber some amount of money, this refund provided the consent of the subscriber may also be made by means of an electronic coupon for the total amount to be reimbursed, with which the subscriber may purchase products without category restriction or minimum purchase, this coupon will be valid for 6 months, if during this period the subscriber does not make use of it, they will be unsubscribed.
For the reimbursement of a purchase order, a single means of reimbursement must be chosen through which to return the money, either through a reimbursement coupon, bank transfer or reversal of payment to the credit card.
Some products offered on the site www.photobrick.ca, may be subject in addition to these terms and conditions, to particular conditions of sale, which may be consulted by the subscriber together with the description of the product, it is necessary that all Subscriber verify the particular conditions of sale of these products, before making your purchase, in order to make sure of the terms, conditions and restrictions that in your case may apply in a particular way.
The client / subscriber before the purchase and / or subscription of the product, must accept the particular conditions of sale, being the case that these general terms and conditions may be added, limited or modified depending on the corresponding particular conditions of sale of the product in question, in case of conflict or contradiction in these terms and conditions and the particular conditions of sale, the latter will prevail over the former, consequently the subscriber must read carefully in addition to these terms and conditions, the conditions sales individuals, which will be understood to be accepted at the time the subscriber proceeds to purchase the product.
All sales offers, communications, requests for information among others, are made through the site www.photobrick.ca or its e-mails, the represented will not be responsible for communications that are sent outside this site, nor will it be responsible for cash deposits, transfers or payments by credit cards made by subscribers to accounts other than those authorized in the purchase of products, referring to the fact that deposit requests are never made to private accounts.
The guarantee of the products will be provided directly by Photobrick Canada.The duration of said guarantees is clearly referred to in the description of each product and is issued and validated by the manufacturer or distributor, for which Photobrick Canada assumes responsibility.
The particular terms and conditions, as well as their timing, will be made known to customers together with the description of the products that such guarantees apply to them.
ORDER OF ACCEPTANCE AND PRICES
All the prices of the products that are indicated through the Website are before tax (GST/HST). However, these prices do not include the expenses corresponding to the shipment of the products in the cases in which it applies, which will be detailed separately in each order and must be accepted and paid, prior to their shipment, directly and exclusively by the User.
SHIPPING AND DELIVERY COSTS OF THE PRODUCTS
Photobrick will send the products purchased by the User to the address specified by the user for this purpose as long as said address is complete and within the coverage area communicated by Photobrick.
The delivery time starts from the confirmation of payment by the bank, online payment platform.
The products will be sent and delivered to the user by third parties (hereinafter “Transport Companies”). By virtue of the foregoing, the user agrees to submit to the delivery policies of the Transport Companies for the shipment and delivery of the products.
The term described on the Site is an estimate. In this way, it is possible that such term changes for reasons of logistics and force majeure. In the hypothesis that due to any fortuitous event or force majeure that may delay the delivery of the products purchased on the Site, Photobrick will be exempt from any liability at all times.
In the event that the user has not received the products within the period declared by Photobrick, they must contact the Company through the customer service center.
The cost of the freight will be added to the value of the merchandise acquired in the cases in which it applies and will be calculated and informed to the user before the confirmation of the purchase. The cost of the freight may depend on factors such as the total weight of the merchandise, the distance and the type of delivery, and may be modified by Photobrick at any time without prior authorization from the user.
Photobrick suggests that the user verify the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, they are asked not to receive the delivery from the Transporting Company and to immediately contact the Photobrick customer service center or send an email to photobrick.ca
The shipping cost charged to the customer includes the first delivery attempt to the address stipulated by the customers, in case the same package has to be sent again for reasons beyond Photobrick’s control, this second shipment will generate an additional cost that will be will charge the customer to be able to send it again.
INTELLECTUAL AND INDUSTRIAL PROPERTY, AND COPYRIGHT
Photobrick acknowledges being the sole owner of the intellectual property rights, whether registered or unregistered, on the site www.photobrick.ca including but not limited to: projects, software, source code, graphics, photographs, videos, images , music, sound, texts, logos, trademarks, domain names, trade names and data included in the website www.photobrick.com.mx The entire content of our page is also protected by copyright as a collective work under copyright laws in Canada and international conventions. All rights reserved.
Users are advised that such rights are protected by current Canadian and international legislation regarding intellectual and industrial property and copyright.
The copying, reproduction, adaptation, modification, distribution, commercialization, license, shipment, disclosure, public communication and / or any other action that generates an infringement of current Canadian or international legislation on intellectual and / or industrial property is prohibited. as well as the use of the contents of the Site without prior express written authorization from Photobrick.
In the event that the user transmits to Photobrick any information, programs, applications, software or in general any material that needs to be licensed through the website www.photobrick.ca, the user hereby grants Photobrick a perpetual license , universal, free, non-exclusive, worldwide, and royalty-free, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display and perform them publicly.
What is established in the previous paragraph will also apply to any other information that the user sends or transmits to Photobrick, including, without limitation, questions, criticisms, comments and suggestions to renew or improve the Website, whether they have been included. in any space of the indicated page or by virtue of other means or modes of transmission known or that will be developed in the future. In addition, when the User sends comments or criticisms to the web, they also grant Photobrick the right to use the name that the user sends, within the framework of said review, comment, or any other content.
Therefore, the user expressly waives in this act to carry out any action, demand or claim against Photobrick Canada – 2774421 Ontario Inc, its affiliates or suppliers for any current or eventual violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the user himself sends to the website www.photobrick.ca
In case of considering that any content published on the Website is a violation of intellectual or industrial property rights, the user may make a notification by contacting the Photobrick Customer Service center. The User will have to indicate: i) true personal data (name, address, telephone number and e-mail address of the claimant); ii) autograph signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content (s) protected by the intellectual property rights allegedly infringed, as well as the location of said violations on the aforementioned website; iv) express and clear statement that the introduction of the content (s) indicated (s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear statement under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content (s) constitutes a violation of said rights.
The websites contain links to third party websites. These links are provided only as an advantage of the websites to the user and do not imply that Photobrick has endorsed the content of such third-party websites. Photobrick is not responsible for the content of linked third party websites and makes no representations regarding the content or the accuracy of the material on such third party sites. If the User decides to have access to third-party websites through these links, he does so at his own risk and responsibility.
The User may return the products purchased through the Website, as long as:
Request a return within 15 calendar days following the delivery date, or, exclusively in the case of defective products, within the warranty period specified for the products purchased.
The product (s) are in the same conditions in which they were delivered to the user and are, as far as possible, with the original packaging, labeling and in good condition.
The process for returning the Products will be as follows:
The User must contact the Photobrick customer service center within the established period requesting the return of the products and providing, name and surname, order number and description of the products to be returned. In the event that the return is due to the fact that the product (s) are defective or it is a different product from the one purchased through the Website, the user must also express said circumstance, as well as mention, where appropriate, the defects of the products, (hereinafter the “Return Request”).
Once the Return Request is approved, the customer can send the package with the parcel of their choice to the address assigned by Photobrick. The return shipping costs are paid by the customer.
The user must, where appropriate, pack the product in its original box or packaging, print and deliver the guide, as well as the Products in their original packaging or box, to the Transport Company on the date programmed for that purpose.
If the payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used. If the payment was made by other means, the refund will be made through a bank transfer to the user’s account.
The user will be reimbursed for the cost of the returned products. Photobrick is not and will not be responsible for the expenses incurred by those returns that occur without respecting the steps established in the procedure presented in the “Returns” section.
DEADLINE FOR REFUNDS IN CASE OF CANCELLATION
In case of cancellation of the purchase made by the user in accordance with the section “Cancellation of the purchase of the products” of these Terms and Conditions, Photobrick must request a refund from the user for the entire amount paid by the User within of the following 15 calendar days counted from the date of the cancellation of the user’s purchase.
DEADLINE FOR REFUND IN CASE OF RETURN
Once the products returned by the user are received, Photobrick will review the returned products. In the event that the products received by Photobrick comply with the characteristics established in point of the “Return Conditions” section, the Company will have the obligation to return the money paid by the user within 15 calendar days from the day on that Photobrick received the returned products.
Subscribers who purchase products may request the invoice within the first 5 days after the purchase to the email: email@example.com
When requesting the invoice by email, it is required to send the following information: Order number, full name or company name, address, payment method.
APPLICABLE LAW AND JURISDICTION
For the interpretation and fulfillment of these terms and conditions, the parties submit to the jurisdiction of the courts of Ontario, Canada expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.
Products sold by Photobrick may contain small parts and packaging that can pose a choking hazard. The use and care is the responsibility of the client.
In the event that Photobrick publishes a wrong price, we reserve the right to cancel or deny any order or request during the wrong price period.
CHARGES TO BANK CARDS
All debit and / or credit card transactions will be processed through Stripe or Paypal .