Terms of service

OVERVIEW

Welcome to Dalton Svenson! The terms “we,” “us” and “our” refer to Dalton Svenson. Dalton Svenson operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Dalton Svenson is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

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, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ from how they appear on your screen because of the device you use to access the store and its settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Dalton Svenson reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Dalton Svenson confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Dalton Svenson may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. We may occasionally offer promotions on the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

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

You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery are subject to our Shipping Policy.

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control. Once we transfer products to the carrier, title and risk of loss pass to you, subject to any rights you may have under applicable law.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Dalton Svenson, its affiliates or licensors and are protected by Canadian and international copyright, trademark, patent and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of Dalton Svenson, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Dalton Svenson.

Dalton Svenson’s names, logos, product and service names, designs and slogans are trademarks of Dalton Svenson or its affiliates or licensors. You must not use such trademarks without the prior written permission of Dalton Svenson. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms under which the relevant third-party provider offers such tools.

We may also offer new features through the Services in the future, including new tools and resources. Such new features shall be considered part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content offered through third-party websites. Please carefully review the third party’s policies and practices and ensure that you understand them before entering into a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Dalton Svenson is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Dalton Svenson.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Dalton Svenson, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Dalton Svenson, to the extent permitted by applicable law.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than the country where you reside, in order to provide services to you.

Review our Privacy Policy for more details about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.

For example, we may use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms.

We are under no obligation to: (i) maintain Feedback in confidence; (ii) pay compensation for Feedback; or (iii) respond to Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, otherwise objectionable or in violation of any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, obscene or defamatory material or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted an order, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state or local law, regulation, rule or ordinance;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person;

(e) to transmit false or misleading information;

(f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;

(g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that, as determined by us, may harm Dalton Svenson, Shopify or users of the Services or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) spam, phish, pharm or pretext the Services;

(e) use a robot, spider, scraping, data-gathering or extraction tool, automated device or process, artificial intelligence tool, agentic AI, or automated or manual means to access the Services in violation of these Terms; or

(f) interfere with, bypass or circumvent security or authorization features, robot exclusion headers or other measures we employ to restrict or control access to the Services.

We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed on behalf of or using a person’s device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict accordance with the requirements in Section 14.4. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.

14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

14.4 Agents must:

(i) identify the request as originating from an Agent and disclose the name of the Agent in all HTTP or HTTPS requests by including the following in the request’s user-agent string: “Agent/[agent name]”;

(ii) not conceal or obscure the fact that access, use or interactions originate from an Agent, including by mimicking human behaviour and interaction patterns or completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use;

(iii) respond truthfully to any question or prompt seeking to determine whether an interaction originates from a human or computer; and

(iv) not circumvent or otherwise avoid a measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion and without notice. You will remain liable for all amounts due up to and including the effective date of termination.

The following sections will continue to apply following termination: Intellectual Property; Feedback; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Severability; Waiver and Entire Agreement; Assignment; Governing Law; Privacy Policy; and any other provisions that, by their nature, should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available solely for general informational purposes. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim liability and responsibility arising from reliance placed on such materials by you, another visitor to the Services or anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY DALTON SVENSON, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, DALTON SVENSON AND OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES OR FROM ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT.

THIS LIMITATION INCLUDES ERRORS OR OMISSIONS IN CONTENT AND LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dalton Svenson, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party due to or arising from:

(i) your breach of these Terms of Service or the documents they incorporate by reference;

(ii) your violation of any law or the rights of a third party; or

(iii) your access to and use of the Services.

We will notify you of an indemnifiable claim. However, failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If a provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law. The unenforceable portion shall be considered severed from these Terms, and that determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.

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

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms without our prior written consent. Any attempted delegation, transfer or assignment without consent will be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

You and Dalton Svenson submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to periodically review our website for changes.

We will notify you of material changes to these Terms as required by applicable law. Such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of changes constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to admin@daltonsvenson.com.