Terms of service

Terms of use

For information on the protection of personal information, please refer to our Privacy Policy.

 

For information on the general terms of sale, refund and shipping, please refer to our Refund and Shipping Policy

 

General Conditions of use of ATTITUDE’s website

 

Welcome to the website tomzhou.net (the "Site"), which is owned and operated by ATTITUDE ("ATTITUDE" or “We”). Please read these general terms and conditions of use of the Site ("Terms of Use") carefully before consulting and using this Site. These Terms of Use set forth the legally binding terms and conditions for your use of this Site, and the related or available services, offers, sales, content, promotions, modalities, tools, features, online store, as well as any order or purchase you make via the Site. By accessing and using the Site, you confirm your acceptance of these Terms of Use (as well as including all those additional terms and conditions and policies referenced herein and/or available by hyperlink via the Site) and your undertaking to fully comply with them and in compliance with applicable laws and regulations.

 

ATTITUDE reserves the right to update, modify or replace any provisions of the Terms of Use without notice and you therefore agree to regularly consult the Terms of Use to keep yourself informed of their content. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use.

 

You may be accessing the Site from a computer or any mobile device and these Terms of Use govern your use of the Site, regardless of the means of access.

 

The Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content, information and other materials or services on the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

If you do not agree to the Terms of Use, then you are not authorized to access, view, download or otherwise use the Site, including any related service, tool or online store.

 

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

Conditions of eligibility

 

You acknowledge and agree that the Site, and the products and services offered by ATTITUDE, are intended only for personal, legal, non-commercial purposes and for use by persons who are above the legal age of majority in their province of residence (if you are a minor, you must obtain prior parental authorization), who are not barred from using websites, and who are able to enter into a legally binding contract under applicable legislation.

 

You undertake not to use our products for any illegal or unauthorized purpose nor may you, in the use of our products or of this Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You also undertake not to transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the terms contains herein will result in an immediate termination of your right to use or access our Site, including any related services and tools.

 

Your Account

 

You agree that you will not create or have more than one (1) account per customer at any given time for the Site and that you will only provide us with true, accurate, current and complete information at all time when you create or register for an account, or when you place an order or make a purchase.

 

You are solely responsible for maintaining the secrecy of your account password. Your account is for your personal use only. You may not authorize others to use your account or transfer your account to any other person. You are solely responsible for all uses of your account and any activity performed through it, and you acknowledge and agree that ATTITUDE expressly disclaims any liability in this regard.

 

We reserve the right to disable your user account or password, to suspend or terminate your right to use your account, your access to the Site or any services or tools (or any portion thereof), at any time, without prior notice, in our sole discretion for no or any reason, including without limitation, if we consider that you have failed to comply with any of the terms of this Terms of Use.

 

Terms of Sale

 

All sales product made from this Sites are governed by these Terms of Use, as well as our Return and Shipping Policy and any other terms of sale specific to the purchase (collectively, the “Terms of Sale”), which are subject to change without notice at ATTITUDE’s discretion.

 

By ordering and/or accepting delivery of the products purchased on our online store, you are deemed to have read and you agree to be bound by these Terms of Sale, including our Return and Shipping Policy. For information in this regard, please see our Refund and Shipping Policy.

 

Price

 

All sizes and weights quoted are approximate. All fees and prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed on this Site are subject to confirmation, and are subject to change without notice, at our discretion. All sizes and weights quoted are approximate. You agree to pay all charges payable for your order.

 

ATTITUDE reserves the right to correct any errors in prices indicated on the Site. ATTITUDE may, in its discretion, modify, refuse or cancel any order, purchase or promotion due to a system error, pricing error, fraud or any other cause beyond its control. Prices indicated on the Site may differ from and between individual in-store prices and ATTITUDE shall not be liable to you or to any third-party for any modification or price change.

 

Purchase

 

In order to proceed with an order or purchase of products displayed on the Site, you will be required to enter certain information, including, but not limited to, the credit card information used to pay for the order and related invoicing. By providing this information, you guarantee that it is both accurate and current. By placing an order or making a purchase, you are confirming that you agree to pay all charges incurred by you or the user of your credit card in connection with the order placed.

 

We reserve the right to refuse any order you place with us. We reserve the right to cancel or limit (per person, per household or per order) the quantity of products that you may buy or order via the Site at our sole discretion. These restrictions may include orders placed using the same customer account, the same credit card, and/or same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Product

 

The availability of the products offered on the Site, and the descriptions of such products, may vary based on location and timing, and ATTITUDE offers no guarantee in this regard.

 

Some products may not be available via our Site and/or may be available only on this Site. We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Any offer for any product made on this Site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you via this Site will meet your expectations.

 

Subscription

 

ATTITUDE offers a subscription service which, when activated, allows you to receive products automatically on a monthly basis or according to the period of your choice (between 1 and 6 months). All orders placed with the subscription service are subject to these Terms of Sale, our Term of Use, our Return and Delivery Policy and all and other applicable terms and conditions of our website. If you place an order through the subscription service, you confirm that you agree to these terms and conditions. Please read them carefully.

 

Valid credit cards are the only payment method accepted for subscription orders. Charges for any product (including shipping charges) in a subscription order will be billed to the payment card used to create your subscription and will be debited automatically according to the interval period you select. If we are unable to complete a payment with the credit card you used to subscribe, or if a payment is declined, you will receive an email notifying you and authorizing us to update your subscription with another credit card in your account. Subscription orders will be suspended in the interim.

 

Your subscription will remain in effect until it is cancelled. You can change or cancel your subscription at any time by logging into your account, selecting Subscriptions, and then clicking Cancel or Change next to the product.

 

Prior to each shipment, we will send you an email to let you know that your next order is being processed, so you can make any necessary updates or cancel an order, if necessary, before the products are shipped.

 

Offers and Promotions

 

This Site may, from time to time, contain special offers or promotions. Promotions cannot be combined with any other offer, promotion, bonus and coupon, and are only valid with orders via the online store on the Site and there is a limit of one (1) coupon or promotion per order. Discounts and promotions on selected items are effective while supplies last or until the end date of the promotion. Promotions are valid in Canada only.

 

Delivery

 

ATTITUDE will use its best commercially efforts to deliver items as quickly as possible, and within any time indicated, but any delivery date is approximate only. All items are delivered by a third party, and delivery is governed by their shipping contracts and is beyond our control. ATTITUDE shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in delivering the goods to you.

 

For information in this regard, please see our Refund and Shipping Policy.

 

Return or Exchange

 

The products sold on our Site are final sales. For health and safety reasons, we do not accept return or exchange. This policy has been put in place to reduce our environmental footprint by reducing packaging and additional transportation.

 

For information in this regard, please see our Refund and Shipping Policy.

 

Cancellation of Order

 

Sales and orders made on the Site are final and cannot be cancelled or modified, except for reasons specifically provided for by law. However, ATTITUDE may at its sole discretion accept to cancel an order that has not already been prepared. For any questions in this regard, you may contact us by phone at 1 (514) 509-7225 , or by email at support@ATTITUDEliving.com.

 

Contests

 

This Site may, from time to time, contain contests to which you may enter via this Site or via a social media platform administered by ATTITUDE. Each contest is governed by its own contest rules, which you must read and agree to before you may enter, and by the applicable laws.

 

Gift Cards

 

Gift cards can be used at any time to pay for online purchases. They cannot be redeemed or exchanged for cash. Gift cards are freely transferrable and should be safeguarded like cash. Gift cards have no market value except where required by law. Gift cards have no associated fees or expirations dates. Damaged or modified gift cards will not be accepted. In case of loss, theft or unauthorized use, we will not replace the gift card. If the total of your purchase is less than the value of your gift card, you will be able to use the remaining balance for future purchases. If the total value of your purchase is greater than your gift card balance, you must provide your credit card details, debit card, cash, or other accepted method of payment to cover the balance. In the case where an item that was purchased using a gift card is returned, a new gift card will be issued at the refunded amount. The purchase of ATTITUDE’s gift cards is final and cannot be refunded or exchanged. The use of a gift card constitutes acceptance of these Terms of Use.

 

Privacy and Protection of Personal Information

 

When you use our Site, you are deemed to have read and accepted our policies, including our Privacy Policy. You therefore understand that by using our Site, including creating an account or placing an order, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. For information regarding the protection of personal information, please see our .

 

Information available on the Site and Error

 

ATTITUDE uses its best efforts to ensure that the Site is regularly updated and to ensure the accuracy and reliability of the information contained on the Site. However, despite its efforts, ATTITUDE cannot guarantee that the Site will be free of errors inaccuracies or omissions (including without limitation in connection with the product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability) and therefore ATTITUDE declines all responsibility in this regard. You understand and agree that ATTITUDE is not responsible if information made available on this Site is not accurate, complete or current.

 

The information, description, advice, historical information, as well as services or tools provided or made available on the Site are provided to you for strictly indicative purposes and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. ATTITUDE does not offer any guarantee regarding such information and assume no liability whatsoever for any use you may make thereof. Any reliance on the material on this site is at your own risk. For any further information or in the event of doubt, we recommend that you consult primary, more accurate, more complete or more timely sources of information. We also recommend that you read and follow carefully all instructions for use appearing on the products offered or on their packaging.

 

You understand that we reserve the right to change, update or correct any information or content of this Site, at our sole discretion, without prior notice and at any time (including after you have submitted your order), but you however understand and agree that we undertake no obligation to update, amend, correct or clarify information provided in the Site, including without limitation, pricing information, except as required by law.

 

User Content

 

We welcome any product reviews, comments, suggestions, feedback, information, ideas, opinions, proposals or other content of a similar nature that you provide or post on our Site or a social media platform administered by ATTITUDE or send whether online, by email, by postal mail, or otherwise (collectively "User Content"), subject to the Terms of Use.

 

All User Content is under your control, and you, not ATTITUDE, have full responsibility for its the legitimacy, legality, reliability, accuracy, appropriateness and compliance with applicable legislations (including copyrights). You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. All User Content is entirely voluntary and reflects only the opinion of the person who submitted it and does not necessarily reflect the views of ATTITUDE.

 

You acknowledge and agree that ATTITUDE expressly disclaims any responsibility regarding any User Content. You hereby release, discharge and agree to hold ATTITUDE and any person acting on its behalf harmless from any liability related in any way with the User Content.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. Subject to our Privacy Policy, all User Content will be treated as non-confidential and non-proprietary. ATTITUDE shall be under no obligation to pay compensation for any comments or respond to any comments.

 

We reserve the right, at our sole discretion, to use or not such User Content, without any obligation on our part.You agree that we may, at any time, without restriction, and our sole discretion, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content.

 

Resale Prohibition

 

Our products are intended for personal, non-commercial purposes only and are solely intended to be sold through ATTITUDE’s distribution networks. Consequently, any sale, purchase, distribution or prize giving of our products with the purpose of reselling outside of ATTITUDE’s distribution network, namely, but not limited, through any websites or social media platform, are forbidden. In addition to damage or claim that we may have for an infringement of our trademark, the integrity of our products or any other intellectual property right, any breach of this paragraph may be such as to engage the civil and, where appropriate, criminal liability of its author(s).

 

Intellectual Property and Copyrights

 

ATTITUDE, or its providers, exclusively own and retain all right, title and interest in and to the Site, and all Content used by ATTITUDE on the Site (including software, materials, formats, slogans, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary, design, arrangement, etc), and also all trademarks, product name, and logos or any other intellectual property appearing on this Site (collectively the “Intellectual Property Material”). This Intellectual Property Material is protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights are reserved.

 

It is strictly forbidden to use, in any manner whatsoever, and to reproduce, print, store, re-edit, change, upload, download, sell or otherwise copy the contents of this Site or any Intellectual Property Material, whether in whole or in part, for any reason, on any medium or in any format whatsoever, whether already invented or invented in the future, without the prior written consent of ATTITUDE.

 

ATTITUDE permits you to view the content and print the pages of this Site for your personal and private use at home, but in no way for a commercial use. Any alteration or digitally enhanced of any element of the Intellectual Property Material, information or any other content of the Site is strictly prohibited, without the prior written consent of ATTITUDE.

 

The Terms of Use and your access or use of the Site do not grant you any right, title or interest in the content of the Site or in the Intellectual Property Material and ATTITUDE retains all rights in relation to intellectual property. Any use of the Site, other than as expressly permitted herein, is a breach of this agreement and may constitute a violation of copyright, trademark, intellectual property or other laws.

 

In case of a breach of any terms of this section, your right to use the Site will cease immediately and you must destroy any and all copies of the content in your possession.

 

Third-Party Hyperlinks and Tools

 

Some hyperlinks appearing on the Site may give you access and refer you to other external websites not belonging to ATTITUDE and some third-party services or tools may also be available on the Site. ATTITUDE has no control over these external websites, third-party services or tools and is in no way responsible for their content. The inclusion of such external hyperlinks or third-party tools or services on the Site is informative only and does not imply that ATTITUDE endorses, approves or guarantees in any way the information posted or the representations made therein, including their products, services, warranty or else.

 

You acknowledge and agree that you are solely responsible for and assume all risk associated with your use of any such external websites or third-party resources (including any transaction made) and you must ensure you consult their terms and conditions and policies. ATTITUDE will not be liable for any direct, indirect or consequential damages, losses or claims of any kind, arising out of your access to or use of an external website, the services or any information contained therein via a hyperlink contained on this Site. Furthermore, ATTITUDE declines all responsibility in the event that the content of these external websites contravenes the legal and regulatory provisions in force.

 

You acknowledge and agree that access to or use of the Site or any external websites, as well as any third-party services or tools, may involve potential risks of contracting a computer virus through your computer and/or the peripherals connected to it. ATTITUDE makes no representation whatsoever as to the security or virus-free nature of such external websites and expressly disclaims any liability in this regard.

 

Furthermore, ATTITUDE reminds you that any creation of hyperlinks to this Site is strictly prohibited without the express, prior and written consent of ATTITUDE.

 

Indemnification

 

By using the Site, you agree at all times to defend, indemnify, and hold ATTITUDE, its parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors, suppliers and representatives harmless from any and all claims, liabilities, actions, damages, losses, costs, and expenses (including, but not limited to, attorneys' fees and legal expenses), direct or indirect, arising in any way from or in connection with : (a) any breach or violation of this Terms of Use or our Privacy Policy; (b) any access to your account, by yourself or anyone else, and any activity performed through it; (c) your use of the Site or any service available on or through the Site; (d) any content or information that you have provided on the Site; (e) an infringement of any Intellectual Property Material; or (f) a violation of any law, regulation or the rights of a third-party.

 

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with ATTITUDE, on demand, in asserting any available defenses.

 

Disclaimer of Warranty

 

Your use of the Site is at your own risk. You understand and agree that the Site is provided to you on an “As Is” and “As Available” basis. Without limiting the foregoing, ATTITUDE makes no representations and disclaims all expressed and implied warranties, guarantees and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, currency, availability, timeliness, completeness, non-infringement, uninterrupted or error-free operation, security, legality, suitability, merchantability, fitness for any particular purpose, or those arising by law, statute, usage of trade, or course of dealing.

 

No advice or information, whether oral or written, obtained from ATTITUDE (or any of its representatives) or through the Site, its social media platform or a newsletter will create any warranty not expressly made herein.

 

Limitation of Liability

 

To the maximum extent permitted by applicable laws, ATTITUDE, its parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors, agents, partner, suppliers and representative will not be responsible for any damages, injury, losses or claim, direct or indirect, incidental or consequential, of any kind whatsoever, including without limitation, personal injury, loss of profit, data, use, good will, or other intangible losses, resulting or related, directly or indirectly, with: (a) any access to your account, by yourself or anyone else, or inability to access it, or any activity performed through it; (b) your access or use of the Site or any service available on or through the Site; (c) the purchase or use of goods or services offered by ATTITUDE; (d) any content or information obtained from the Site; (e) any errors, inaccuracies or omissions contained on the Site or any element linked to this Site; or (f) any failure of performance, error, omission, interruption, communication failure, delay in operation, in transmission, defect, theft, virus, destruction or unauthorized use or access to, or alteration of this Site.

 

ATTITUDE may not under any circumstances be held liable for any damages whatsoever caused to your computer, the data contained thereon, or its peripheral devices and expressly disclaims all such liability, including any liability for any delays or any failure in data transmission. At all time, you agree that your exclusive and sole remedy is to stop using the Site.

 

Duration and Termination

 

These Terms of Use are effective and binding on you on the date you access the Site and remain in effect until terminated. If you wish, you may cease using the Site or suspend your access at any time. ATTITUDE may, in its sole discretion, cease providing you with access to the Site at any time, without prior notice, without or for any reason whatsoever. You will remain liable for all amounts due to ATTITUDE up to and including the date of termination.

 

In case of termination, your obligations under these Terms of Use will survive, including the ones in relation to indemnification, limits of liability and respect of intellectual property rights.

 

Upon termination of this agreement, for any reason whatsoever : (a) ATTITUDE will no longer provide with access to the Site and you agree to cease using it; and (b) ATTITUDE will be entitled to retain, use and communicate your personal information in accordance with this Terms of Use, with ATTITUDE’s Privacy Policy and all applicable laws.

 

Force Majeure

 

If ATTITUDE’s performance of any of its obligations stipulated herein, or in the order confirmation, is delayed due to an event of force majeure or for any other reason beyond ATTITUDE's control (including total or partial disruption or strike, including of postal services, means of transport and/or communications), the date of performance shall then be extended by a period equal to the delay. ATTITUDE cannot be held responsible for the non-performance of such obligations in the event of force majeure or any other reason beyond its control.

 

Entire Agreement, Severability and Waiver

 

These Terms of Use constitute the entire and only agreement between you and ATTITUDE, and supersede any written or oral, prior or contrary, agreement, provision, representation or warranty, including any prior version of the Terms of Use. All covenants, representations, warranties and obligations contained in the Terms of Use shall be binding upon and enure to the benefit of both you and ATTITUDE, and any respective successors, permitted assigns, legal representatives, heirs and trustees.

 

The invalidity or unenforceability of any provision of these Terms of Use or its non-application to any person or circumstance, for any reason whatsoever, shall not affect the validity of the remaining provisions of the Terms of Use. Any ambiguities in the interpretation of these Terms of Use of Service shall not be construed against the drafting party.

 

The non-performance of a provision of this Terms of Use does not constitute a waiver of the right to subsequently enforce that provision or any other provisions of the Terms of Use.

 

Governing Law

 

The Terms of Use, and all activities available on and through the Site, are governed by the laws of the Province of Quebec and any federal laws of Canada. Should situations arise where international laws may be applicable or there be conflict with other jurisdictional laws, the governing law(s) will be applied. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Terms of Use or to the transactions contemplated by this Terms of Use.

 

You expressly agree that any claim or dispute with ATTITUDE, its affiliates, employees or representatives, or relating to the Terms of Use, or relating in any way to your access, use or content of the Site (including any order placed on this Site), will be subject to the exclusive jurisdiction of the courts of Quebec, Canada.

 

Customer Service

 

For any questions and/or comments you may contact us by phone at 1 (514) 509-7225, or by email at support@ATTITUDEliving.com, or by clicking on .

 

ATTITUDE’s head office is located at 5605 De Gaspé, suite 900, Montréal, QC, H2T 2A4, Canada.