Protective Knit USA

Terms of Use

OVERVIEW

This website, www.protectiveknit.com, is operated by Protective Knit Inc. (together with its affiliates, the “Company”). Throughout the site, the terms “we”, “us” and “our” refer to the Company. The Company offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced and hyperlinked herein.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content and to orders and sale transactions for products available on this website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our 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.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at our reasonable discretion.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only 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. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

To the fullest extent permitted under applicable law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

The products or services available for sale on this website may have limited quantities and are non-refundable except as provided in our No Return/Exchange Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our No Return/Exchange Policy


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor inputs or conditions of any kind and without any endorsement. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations.  We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, including posting a review on the website (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content and/or comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 libellous 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.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The following provision is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.”

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

To the fullest extent permitted under applicable law, you expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement and we hereby disclaim any and all such representations, warranties and conditions. Without limiting the generality of the foregoing, (i) you  acknowledge and agree that any masks sold through the Service are for personal use only and are not medical grade; and (ii) we make no representations or provide any warranties or other assurances that the masks will protect you from any diseases or viruses including without limitation COVID-19.

In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

The following provision is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service  or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - INTELLECTUAL PROPERTY

All materials, including without limitation images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on the site (collectively, "Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed the Company or one of its subsidiaries or affiliates. The site, as a whole, is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company and all other trademarks appearing on the site are trademarks of the Company or its affiliates.

You may download or copy the Content and other downloadable materials displayed on the site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other proprietary notices thereon. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the site, or any related software.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you the Service or you purchase any products from us shall be governed by and construed in accordance with the laws of Ontario, Canada. Subject to the last paragraph of this Section, any action or proceeding arising out of or related to the Service or your use of this web site or products purchased by you from us must be brought in the courts of the Province of Ontario located in Toronto, Ontario and you hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario for all such purposes, and waive any objection to the venue of any proceeding in the courts of the Province of Ontario or that such courts provide an inappropriate forum.

For Quebec residents, these Terms of Service will be governed by, interpreted and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

The following provision is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE SHALL BE REFERRED AND FINALLY RESOLVED BY ARBITRATION IN TORONTO, ONTARIO AT ADR CHAMBERS UNDER THE ADR CHAMBERS ARBITRATION RULES AND THE ARBITRATION ACT, 1991 (ONTARIO).  ANY ARBITRATION COMMENCED SHALL BE ADMINISTERED BY THE ADR CHAMBERS AND ITS STANDARDS, ADMINISTRATIVE PROCEDURES AND SCHEDULE OF COSTS WILL APPLY.  THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR SITTING IN TORONTO, ONTARIO AND THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. For clarity, any modification to these Terms

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@protectiveknit.com

SECTION 22 - ENGLISH LANGUAGE

The parties to these Terms hereby confirm their express wish that this Agreement, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with this Agreement be in the English language only and declare themselves satisfied with this; les parties aux présentes Conditions confirment leur volonté expresse de voir la présente Convention, de même que tous les documents qui s’y rattachent, incluant, mais non de façon limitative, tous les confirmations, avis, renonciations, consentements et autres communications entre les parties, rédigés en langue anglaise seulement et s’en déclarent satisfaites.

SECTION 23 - ORDERS

Ordering Process

To be able to buy products from this site you must provide a delivery address in Canada or the United States. Certain addresses will be ineligible for product purchases and deliveries including PO Box addresses and freight forwarders. You will be required to provide your name and address, phone number, email address, payment details and other required information. You are required to be the holder of a valid credit card or have a valid PayPal or Apple Pay account. You may, but are not required to, create a personal profile pursuant to which you may bring up your billing and shipping address for future orders from the web site. You agree not to provide your personal profile sign-in information and password to any person and not to use our web Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of our web site. You may not misrepresent your identity as a user. When placing your order please ensure that the products you purchase are compatible for the intended use. Please use the information provided in the website as reference when checking compatibility, however, we make no representation or warranty as to the appropriateness or compatibility of any product with any particular use. While the Company takes great care to ensure its advertising is accurate, errors or inaccuracies may occur. The Company reserves the right to correct errors or inaccuracies and change or update information on the website at any time without notice, including in respect of prices, product descriptions, promotions and availability of items. To the extent permitted by applicable law, the Company also reserves the right to cancel or reject orders based on incorrect pricing or availability information.

Price

By clicking on the icon confirming your purchase at the end of the checkout process, you agree to pay the Company the amount shown, subject to adjustment as described herein (the “Purchase Price”). Your selected method of payment will be charged for the Purchase Price plus shipping charges and applicable taxes in Canadian dollars if you are making the purchase within Canada and in US dollars if you are making the purchase within the United States. In the event that a product is listed at an incorrect price due to an error in pricing, the Company has the right, in our sole discretion, to reject or cancel any orders placed for that product and will notify you of such cancellation. Note that products in your Shopping Cart reflect the current price displayed on the product’s details page.

Acceptance, Rejection or Cancellation of Orders

You agree that your submission of an order on the website is an offer to buy the products listed in your order under these Terms of Service. All orders must be accepted by the Company. We may choose not to accept any orders including those that the Company suspects are not placed in good faith or contravene applicable law. Once your order is received and we accept your order, we will send you an order confirmation via email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and us will not take place unless and until you have received an order confirmation email from us. We reserve the right, in our sole discretion, to cancel any order prior to shipping and whether before or after acceptance of your order. Upon such a cancellation we may attempt to send a cancellation notice to the email provided by you.  If cancelled, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order. Upon shipping of the product, you will be charged the amount set out in your order confirmation email. We will not ship the product to you until your card issuer has authorized the use of your card for payment of the ordered products. As your order confirmation email is your proof of purchase, you should save and print that document for your potential future use. If we are unable to deliver the product ordered after our delivery service has notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the items remain undelivered and are returned to us undelivered, you agree that we shall assume that you have exercised your right to cancel the contract and, upon our receiving the returned product we will refund you less the handling and shipping fee and reasonable additional costs incurred by the Company.

Availability and Description of Products

The Company does not guarantee the availability of any product on the website. We reserve the right, without liability or earlier notice, to change, discontinue or stop making any product.  Note that in certain cases some products may be unavailable even if the Web Site indicates that they are in-stock and adding a product to your cart does not guarantee the availability of that product. The Company may change prices listed on the Web Site at any time without notice. Price increases will only apply to orders placed after such changes. Prices for the products listed on the Web Site do not include any applicable taxes, shipping and handling fees. During the check-out process, applicable charges, taxes, shipping and handling fees will be added to the amount to be charged to you. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Limited Quantities and No Sales to Resellers

We reserve the right, at its sole discretion, to limit the quantity of products purchased on any basis it may determine, from time to time, which may include per person, per household, per credit card or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will attempt to notify you of such cancellation or rejection should such limits be applied. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or for any reselling. The Service is for purchases by Canadian and US-based end users of our products and not for sale to dealers, resellers or distributors or for commercial purposes. For purposes of these Terms of Service, reselling is defined as purchasing or intending to purchase any product(s) from the website for the purpose of engaging in a commercial sale of that same product(s) to a third party or for subsequent sale and shipment outside of Canada or the United States.

Return Policy

Due to the nature of the product, we will not accept any returns or issue any refunds, except in the case where we, in our sole discretion, determine the product is defective. To make a claim that the product is defective, you must email us using the contact information provided below no later than fourteen (14) days from the date you received the product.  In your email, you must include the following information: your name, date of purchase, a copy of your receipt as well as a photo of the defective product. If we determine, in our sole discretion, that the product is defective, we will send you a replacement product. Please note that a defective product does not include a product that does not fit properly due to our product dimensions not working for everyone.


CONTACT US

If you have any questions, please contact us using the following contact information:

Protective Knit
Address: 2 Scarlett Road
Email: info@protectiveknit.com
Phone: 416.766.6151