Conditions générales

A Fan For Life creates personalized books that let you pass your love of your favourite sports team onto the next generation. A ball cap and a jersey are a start. We believe a story is so much more!

Each book is made to order with every unique child’s name, alongside their favourite star. This website is owned and operated by A Fan For Life Inc. (“we”, “us”). If you would like to contact us about anything, please send an email to inquiries@afanforlife.com.

PURPOSE AND SCOPE OF APPLICATION

These terms and conditions (“Terms and Conditions”) govern the contents and use of our website www.afanforlife.com (“Website”) and set out the terms and conditions on which we supply the products available for sale on the Website (the “Products”).

Please read these Terms and Conditions carefully before using the Website and before ordering any Products via the Website. By using the Website and/or ordering Products, you confirm that you have read these Terms and Conditions, understand them, and agree to be bound by them. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.

These Terms and Conditions apply to all sales of Products through the Website and override any other terms or conditions contained or referred to elsewhere or implied by law, trade, custom, practice or course of dealing. If you do not agree with these Terms and Conditions, then you may not use the Website or order any Products.

Please note that we may change these Terms and Conditions from time to time. If any modification is unacceptable to you, stop using the Website and do not order any Products. If you do not stop using the Website or if you order a Product after a change, you will be deemed to have accepted the change.

DEFINITIONS

In these Terms and Conditions, the following capitalized words have specific meanings:

“Customer” or “you” means the person named on an Order;

“Content” means the personalized message or dedication written by you to be included in an ordered Product;

“Contract” means an Order and corresponding order confirmation;

“Faulty” means containing a fault or defect; imperfect or defective;

“Order” means your order for a Product or Products from the Website;

“Price” means the price of a Product or Products, together with postage and packing costs and any applicable taxes in force at the time of the Order (excluding any taxes and duties for which the which the Customer is responsible under the ‘Pricing and Payment’ section of these Terms and Conditions), subject to any promotional offer or discount at the time of the Order.

ACCESSING AND USING THE SITE

You may not use the Website in an improper or unlawful manner or in breach of any legislation or license that applies to you. You agree to follow all reasonable instructions that we may give you from time to time regarding use of the Website.

Upon placing your Order, you acknowledge that we may review your Order and the Content it contains to ensure the Content complies with our guidelines and these Terms and Conditions. We may refuse to process an Order if we believe that the Content is in breach of these Terms and Conditions and our guidelines.

PROPERTY RIGHTS AND RIGHTS OF USE

We own and will continue to own or have a license to use all intellectual property rights (including patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright, licenses, database rights, moral rights, and rights in computer programs) in and to the Website and all content and materials contained in the Website (“Site Content”). You may only use the Website for your personal, non-commercial purposes and you may not reproduce, modify, copy, alter, distribute, frame, republish, display, transmit or sell the Site Content in any form or by any means, in whole or in part. You may not remove any copyright or other proprietary notices contained on the Website or in any Site Content.

ORDERS AND SPECIFICATIONS

To place an Order, please follow the order procedure set out on the Website. Product Prices and payment procedures are displayed on the Website.

All Products offered for sale are subject to availability and to our acceptance of your Order.

We reserve the right to reject any Order for any reason. No Order will be deemed accepted by us until the Order has been confirmed via an order confirmation sent to the Customer’s email address.

The order confirmation will contain details of your Order, the Price and an estimate of the delivery time for the Order. If you discover an error or mistake with an Order, it is your responsibility to contact and notify us as soon as possible. Failure to do so may lead to an incorrect Order being sent to you.

Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver Products within the time specified but will not be responsible for any failure to deliver within that time.

Although the printed colours of the Products appearing on the Website are displayed as accurately as possible, we cannot guarantee the colours of a physical Product will match exactly those displayed on your monitor or mobile device.

We reserve the right to revise, discontinue or modify Products at any time without prior notice to you. Products may become unavailable without notice. Unless we have sent you an order confirmation for a particular Product, we will not be responsible if any Product becomes unavailable.

PRICING

Product Prices may change at any time before placing an Order. All Prices are in USD unless otherwise specified.

Despite our best efforts, some Products listed on the Website may be incorrectly priced, or the Price may increase between in between you placing an Order and us confirming your Order.

We verify Prices as part of the confirmation process. If a Product’s correct Price is less than the price stated on the Website, we will charge the lower amount. If a Product’s correct Price is higher than the price stated on the Website, we will either contact you for instructions or reject your Order and notify you so if you wish, you can re-order the Product at the correct Price.

CONTENT APPROVAL

We reserve the right to review your Content, if any, and our approval of an Order is subject to our satisfactory review of your Content. We may reject your Content for any reason at our sole discretion and by doing so, reject the associated Order.

You represent that your Content will not include:

  1. Any reference to gambling, firearms, tobacco products, distilled spirits or pornographic materials, or any company or individual who manufactures, sells, or participates in any of the foregoing; or
  2. Any content which portrays the National Hockey League (“NHL”), any of its member teams, or any individuals associated with the foregoing (including but not limited to current and former players, coaches, support staff, management) in a disparaging manner.

Breach of this representation will result in our automatic rejection of your Order.

PAYMENT

Once we review your Content and accept your Order, we will take your Payment in full and the Contract will be in force. You will pay for your Order by credit or debit card, PayPal, or through any other means of payment that may be enabled through the Website. You may need to submit your payment details to the relevant third-party payment processor and may need to accept additional terms and conditions to use their services. We do not accept, and exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third-party payment processor.

You represent that all information you provide to us for the purposes of the Order and delivery of the Order to you will be correct and that sufficient funds or credit are available to cover the full cost of the Order.

DELIVERY AND ACCEPTANCE

We will deliver your Products to the address provided on your Order using the shipping method you choose upon checkout.

If your Order contains more than one Product with differing Content, we may stagger making and delivering your Products. If we do so, each Product will be deemed a separate Contract.

We will process your Order and use reasonable efforts to manufacture the Product(s) within the time period stated for each Product. Manufacturing times may vary, and any times quoted for the delivery of Products are an estimate only. Time for delivery is not of the essence of these Terms and Conditions and we will not be liable for any loss or expenses which you may sustain as a result of any delay in the delivery of your Order.

When you receive the Product(s), you are responsible for inspecting them for any defects or non-conformities. If you do not notify us of visible damage to the parcel(s) containing the Product(s) you ordered, we will not be responsible for refunding or replacing such Products.

If you fail to accept delivery of your Order, the delivery will be returned to us at your cost. If delivery is refused or returned due to a faulty address, you will be charged a return fee.

If you fail to take delivery of the Order for any other reason, we will not refund the Price.

Risk of damage or loss of the Order will pass to you upon delivery to the agreed address.

CANCELLATION, RETURN, & REFUND POLICY

Each one of our Products is custom-made specific for each child. We do not repurpose or resell any of our customized Products to ensure that each Customer receives a Product that is unique for them. As a result, once an Order is finalized and the printing process has begun, no changes or cancellations can be made to the Product(s). In addition, because of the customized nature of each of Product, we are not able to accept any returns or exchanges.

In order to help ensure the Product meets your expectations, you will have the opportunity to preview the Product before finalizing your Order. This way, you can ensure that everything is the way you want it and you will have the opportunity to make any last-minute adjustments before finalizing your Order.

If your Product arrives damaged, please contact our customer service team and they will walk you through the next steps of the process. You must report damaged items within 48 hours of delivery.

WEBSITE DISCLAIMERS

We strive to ensure that the Site Content is correct and error-free and to exercise all reasonable skill and care in providing the Website. Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such third-party Site Content. You expressly agree that your use of and browsing of the Website and the use of Site Content are at your own risk.

We may make changes to the Site Content, or to any Products, Prices or fees, at any time without notice to you.

Except as expressly provided in these Terms and Conditions, the Website and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible under applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Website or Site Content or that your use of the Website or Site Content will not infringe the rights of any third party).

We do not warrant that the Website, any Site Content and any function of the Website will be uninterrupted or error-free, that we will correct defects, or that the Website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Website and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be responsible for the security of the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

PRODUCT WARRANTY AND LIMITATION OF LIABILITY

We warrant to you that any Product purchased from us via the Website is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

Our liability for any losses you may suffer as a result of us breaching a Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).

>Nothing in these Terms and Conditions excludes or limit our liability for: death or personal injury caused by our negligence, any loss suffered by the Customer as a result of reliance on any fraudulent misrepresentation made by us to you, or any liability which cannot be excluded or limited under applicable law.

Subject to the above, you agree that we will not be liable for:

(a) any direct loss, claim or damage;

(b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit, loss of savings, or loss or corruption of data (in each case whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Site or the Site Content; (ii) these Terms and Conditions, (iii) the Products, (iv) any failure or delay in the use of any component of the Website, the Site Content or any service including, without limitation, any unavailability of the Website, the Site Content or the services irrespective of the duration of any period of unavailability, and (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.

We will not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or act of God.

Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply.

Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Website. The downloading or other acquisition of any Site Content through the Website is done at your discretion and risk and with your agreement that you are solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

INDEMNITY

You agree to indemnify us, our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors from and against all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with: (i) your use of the Website, the Site Content or the services provided through the Website, (ii) your conduct in connection with the Website or services provided or with other users of the Site, (iii) any purchases, transactions, dealings or arrangements with any third party via the Website or on a third party site, or (iv) any violation of these General Terms and Conditions or of any law or the rights of any third party.

WEBSITE TERMINATION

We may remove the Website or cease the provision of any of the Products available through the Website at any time at our sole discretion.

We may terminate your access to the Website for any reason at our sole discretion, at any time with or without notice.

DATA PROTECTION AND PRIVACY

We will only use any personal information that may be collected about you in accordance with AFFL’s privacy policy. This privacy policy forms an essential part of these Terms and Conditions. By accepting these Terms and Conditions, you also accept and consent to the privacy policy.

GOVERNING LAW

These Terms and Conditions are governed and to be construed in accordance with the laws of the Province of Alberta and the applicable the laws of Canada and all disputes arising from these Terms and Conditions are subject to the jurisdiction of the courts of Alberta.