Terms and Conditions
OVERVIEW
Welcome to The Chiaro. In these terms, “we”, “us” and “our” mean The Chiaro. We operate this website and store, including all related content, features, products and services (the “Services”). Our store is powered by Shopify.
These Terms of Service (the “Terms”), together with any policies linked below, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about warranties, liability and how orders work.
By visiting or using our Services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.
1. ACCESS AND ACCOUNT
By using the Services, you confirm that you are at least the age of majority in your province, state or territory of residence, and that any minors using the Services on your devices do so with your consent.
To shop with us, you may be asked for information such as your email address, billing, payment and shipping details. You confirm that the information you give us is accurate, current and complete, and that you have the right to provide it.
You are responsible for keeping your account details secure and for all activity on your account. You may not transfer or sell your account to anyone else.
2. OUR PRODUCTS
We work hard to represent our products accurately. Colours and appearance may still look different on your screen depending on your device and its settings, so we cannot guarantee that what you receive will look exactly as it appears online.
Product descriptions may change at any time without notice. We may discontinue a product at any time, and we may limit the quantities available to any person, region or jurisdiction.
3. ORDERS
When you place an order, you are making an offer to buy. We may accept or decline any order at our discretion, and your order is not accepted until we confirm it and your payment has been processed.
Please check your order carefully before submitting it, as we may not be able to change or cancel it once accepted. If we decline, change or cancel an order, we will try to contact you using the email address, billing address or phone number you provided.
Returns and exchanges are handled under our Refund Policy.
Our products are sold for personal and household use, not for commercial resale or export.
4. PRICES AND PAYMENT
Prices, discounts and promotions may change without notice. The price you pay is the price shown when you place your order and confirmed in your order confirmation email. Unless stated otherwise, prices do not include taxes, shipping, customs or import charges.
Promotions may have their own terms. Where those conflict with these Terms, the promotion terms apply.
You agree to provide accurate payment and account information, and to keep it up to date. You confirm that you are authorised to use the payment method you provide, and that you will pay all charges, including shipping and applicable taxes.
5. SHIPPING AND DELIVERY
Delivery times are estimates, not guarantees. We are not responsible for delays caused by carriers, customs processing or other events outside our control. Once we hand a parcel to the carrier, responsibility for it passes to you.
Items ordered together, including bundle items and free gifts, may arrive in separate packages and on different dates.
Full details are in our Shipping Policy.
6. INTELLECTUAL PROPERTY
Our Services, including text, images, graphics, video, product descriptions and the design and arrangement of the site, are owned by The Chiaro or our licensors and are protected by Canadian and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You may not copy, reproduce, modify, republish, distribute or transmit any material from the Services without our written permission.
“The Chiaro” and our logos are our trademarks. Shopify’s name and logo are trademarks of Shopify. All other trademarks belong to their respective owners.
7. THIRD-PARTY TOOLS AND LINKS
The Services may include tools, content or links provided by third parties. We do not control these and provide access to them “as is”, without warranties of any kind. Using them is at your own risk, and we are not liable for any loss arising from them.
If you leave our site through a third-party link, please review that party’s own terms and privacy policy. Any questions or complaints about third-party products and services should go to that third party.
8. RELATIONSHIP WITH SHOPIFY
The Chiaro is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Chiaro. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Chiaro, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Chiaro.
9. PRIVACY
Personal information we collect is handled under our Privacy Policy. Because our store is hosted by Shopify, Shopify also collects and processes information about your use of the Services in order to provide them, and some information may be transferred to and processed in other countries.
10. REVIEWS AND FEEDBACK
If you send us reviews, ideas, suggestions or other content (“Feedback”), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish and display it, including for promotional purposes.
You confirm that your Feedback is your own, that it does not infringe anyone’s rights, and that you have disclosed any compensation or incentive you received for providing it. We are not obliged to keep Feedback confidential, pay for it, or respond to it, and we may remove Feedback that is unlawful, abusive, misleading or otherwise objectionable.
11. ERRORS AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to descriptions, prices, promotions, shipping charges, delivery times or availability. We may correct errors and update or cancel orders affected by them at any time without prior notice, including after an order has been submitted.
12. PROHIBITED USES
You may use the Services for lawful purposes only. You may not use them to break any law, infringe intellectual property rights, harass or abuse anyone, transmit false or misleading information, send spam, impersonate another person, or interfere with anyone else’s use of the Services.
You also agree not to upload malicious code, copy or resell any part of the Services, collect other people’s personal information, or use bots, scrapers or automated tools to access the Services or bypass our security measures.
We may suspend or terminate your access at any time if we believe you have breached these Terms.
13. TERMINATION
We may terminate this agreement or your access to the Services at any time, at our discretion and without notice. You remain responsible for any amounts owing up to the date of termination.
Sections that by their nature should continue after termination will do so, including those covering intellectual property, feedback, warranties, liability, indemnification and governing law.
14. DISCLAIMER OF WARRANTIES
Information on the Services is provided for general information only. We do not warrant that it is accurate, complete or useful, and any reliance you place on it is at your own risk.
EXCEPT AS EXPRESSLY STATED BY THE CHIARO, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO THEY MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHIARO AND OUR DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND THOSE OF SHOPIFY, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS BOUGHT THROUGH THEM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable consumer protection law.
16. INDEMNIFICATION
You agree to indemnify and hold harmless The Chiaro, Shopify, and our affiliates, officers, directors, employees, agents, contractors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services.
17. GENERAL
Severability. If any part of these Terms is found to be unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest will remain in effect.
Waiver and entire agreement. Our failure to enforce any part of these Terms is not a waiver of it. These Terms, together with the policies posted on our site, make up the entire agreement between you and us about your use of the Services.
Assignment. You may not transfer or assign these Terms without our written consent. We may assign them without notice to you.
Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. You and The Chiaro agree to the jurisdiction of the courts of Ontario.
Headings. Headings are for convenience only and do not affect the meaning of these Terms.
18. CHANGES TO THESE TERMS
The current version of these Terms is always available on this page. We may update them at any time by posting the revised version here. Continuing to use the Services after changes are posted means you accept them.
19. CONTACT
Questions about these Terms can be sent to:
TheChiaro
Email: support@thechiaro.com