Terms of Service Page

 

The following document outlines the Terms of Service of the Reflect You website, services and products. Before using any of the Reflect You services or products, you are required to read, understand and agree to these terms. The “WHAT DOES THAT MEANS” section below each point provides a short explanation of the terms of use and is not legally binding.

 

  1. DESCRIPTION OF SERVICE

www.reflectyou.ca (Reflect You or “we”) provides a platform via its website and email (the “site”) to a community of registered and unregistered users (“customers”, “clients”, “users” or “you”) to buy products and have their artwork heat pressed or embroidered (“printed”) on a wide and growing selection of products.

WHAT DOES THAT MEAN

We provide/sell reflective toques and custom printed apparel. We will develop and expand our collection and features in the future.

2. ACCEPTANCE OF TERMS

BY USING THE SERVICES AND BUYING PRODUCTS, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVATE POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES AND PRODUCTS, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

WHAT DOES THAT MEAN

By using Reflect You’s site, services and products, you agree to all the terms below.

3. MODIFICATION OF TERMS

Reflect You reserves the right, at its sole discretion, to modify or replace the terms at any time. If any changes arise we will notify you by posting an announcement on the site. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Services or buying any products or viewing any Visual Content shall constitute your acceptance of the Terms as modified. 

Your access to and use of the Site, Services and Products may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the site, suppliers stock or any other reason within or outside the control of Reflect You. Reflect You reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or Products and/or remove any Visual Content at any time at its sole discretion and without prior notice. Reflect You may also impose limits on certain features and services or restrict your access to parts of or all of the Site, Services and Products without notice or liability.

WHAT DOES THAT MEAN

If these terms change, we will notify you. As well, at times things can go wrong and the service may be interrupted. It’s unlikely, but it is possible.

4. REGISTRATION

As a condition to buying products, you are able to open an account with Reflect You and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services and products, by either terminating your email access or your account.

You may not use, as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Reflect You account.

Services and products are available to authorized representatives of legal entities and to individuals who are either at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

WHAT DOES THAT MEAN

To fully take advantage of the products and services, you need to create your own account, without violating other people’s rights. You also need to protect your personal information (user name and password) so people, other than yourself, cannot enter your account. 

5. USER CONDUCT

All Content posted or otherwise submitted to the Site or to us via email is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Reflect, are entirely responsible for all Content that you submit to the Site or Via Email. As a condition of use, you promise not to use the Products or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Reflect You. We reserve the right to refuse service to anyone for any reason at any time.

WHAT DOES THAT MEAN

You cannot use our site or email to harass people, send spam, and do other crazy stuff. Be reasonable and responsible and you’ll be fine.

 

6. USING OUR ONLINE STORE/WEBSITE

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. All text, graphics, information, content, and other material displayed on the site or that can be downloaded from the site are either the property of, or used with permission by, Reflect You and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on the site or use any such materials for any public or commercial purpose. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

WHAT DOES THIS MEAN

You cannot take any information or pictures off of the site to use for your needs. You cannot transmit any Viruses, Code or Worms onto the site. If you violate this it will result in an immediate termination of your ability to buy products or use the services.

 

7. INFORMATION ON THE ONLINE STORE/SITE, SOCIAL MEDIA AND ANY ADS

We are not responsible if information made available on the Reflect You site, on Social Media and any ads is not accurate, complete or current. Reflect You attempts to ensure that information on the site and Social Media is current, complete and accurate. However, the information on the site, Social Media and in ads may occasionally be out of date, inaccurate or incomplete. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Product or Service, or any part or content, without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or a discontinued Product or Service. At times, some products may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the site. Any reliance on the material on this site is at your own risk. Reflect You reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. 

There also may be information on our site, in our social media and in ads that may contain typographical errors, inaccuracies or omissions. These 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 Products or on any related website, Social Media or in Ads, is inaccurate, at any time without prior notice. Including after you have submitted your order. However, we undertake no obligation to update, amend or clarify information in the Service or products on any related website, social media or any ads. No specified update or refresh date applied for the Products or Services or on any related website or Social Media, should be taken to indicate that all information in the Service or Products on any related website or Social Media has been modified or updated. You agree that it is your responsibility to monitor changes to our site.

WHAT DOES THIS MEAN

We try our best to keep the information on the site, Social Media and on Ads up to date but sometimes it might not be. We have the right to change products, prices, services and descriptions without notifying you.

 

8. SUPPLY AND GARMENT VARIATIONS

Availability of merchandise is subject to change or discontinuance without notice. All information provided by suppliers to Reflect You is deemed reliable, but without any guarantee from Reflect You. Reflect You has no responsibility for a supplier’s inability to supply merchandise. While we attempt to show colours of the garments on our website accurately, you recognize that the actual colour of any merchandise may differ a bit from that shown on our website or third party websites due to the nature of a garment’s manufacturing process. This may include, but is not limited to: variations in colour (due to dye lots) and sizing.

WHAT DOES THIS MEAN

Any apparel represented on the website may look different in real life and due to suppliers discontinuing products we might have to change the colours or materials.

 

9. SHIPPING AND DELIVERY OF PRODUCTS

When an order is placed on our site or through email, it will be shipped to the address designated by the purchaser as long as that shipping address is able to be shipped to. We cannot Ship to PO Boxes. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Although couriers and Postal Services are reliable, they do make mistakes, therefore, Reflect You does not assume liability for any delays with couriers and cannot provide refunds or discounts as a result of courier delays. We can only guarantee that the order has left our premises on time. As a result, risk of loss and title for items purchased from the site passes to you, the purchaser, upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. We will always provide you with a tracking number. There may be times where we ask for verification of shipping address and/or other information before shipping a product.

The shipping price quoted is for a single shipment, without storage is considered F.O.B., unless otherwise specified. Quotes are based on continuous and uninterrupted delivery of completed orders, unless specifications distinctly state otherwise.

WHAT DOES THIS MEAN

We will ship out on time, but if the mail does not get delivered after we ship it out then that is not our fault. Once we have shipped your order it is now your responsibility. We cannot Ship to PO Boxes.

 

10. LINKS

The Site may provide, or third parties may provide, links to other web sites or resources. All links are provided solely as a convenience to users of the site. Reflect You has no control over other sites and resources. If you use these links, you will leave our site and you acknowledge and agree that Reflect You is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Reflect You shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access any other website linked to or from the Reflect You site, you do so entirely at your own risk.

WHAT DOES THIS MEAN

We are not responsible for links that take you to other sites or from any links that are posted on other site.

11. TERMINATION

Reflect You holds the right to terminate or suspend any and all Services or Products and/or your Reflect You account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Reflect You account, you may simply discontinue using the Services and Products and delete your account. 

WHAT DOES THIS MEAN

We can stop providing services at any time. You can also stop using your account or close your account at any time.

 

12. SITE, SERVICE AND PRODUCT WARRANTY DISCLAIMER

YOU USE THE SITE, THE SERVICES AND PRODUCTS AT YOUR OWN RISK. THE SITE, SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. REFLECT YOU EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE SITE, SERVICES AND PRODUCTS. WE DO NOT GUARANTEE THAT YOUR USE OF OUR PRODUCTS AND SERVICES WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FEOM THE USE OF THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT WE MAY REMOVE A SERVICE OR PRODUCT AT ANY TIME WITHOUT NOTICE TO YOU. THE USE OF ANY OF OUR PRODUCTS OR SERVICES IS DONE SO ARE YOUR OWN RISK. 

REFLECT YOU SHALL DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANDISE OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. REFLECT YOU USES QUALITY MATERIALS, DUE TO THE WIDE VARIATION IN LAUNDERING CONDITIONS AND DETERGENTS, REFLECT YOU DOES NOT GUARANTEE AGAINST ANY FADING OR SHRINKAGE OF GARMENTS DURING LAUNDERING. AS WELL, DUE TO THE PRACTICE OF BATCH PROCESSING OF KNITTED GOODS WHEN THEY ARE DYED, REFLECT YOU CANNOT GUARANTEE CONSISTENCY OF COLOUR ON GARMENTS FROM DYE LOT TO DYE LOT OR FROM ONE ORDER TO THE NEXT. 

FOR CUSTOM DESIGN’S AND LOGO’S ON CLOTHING REFLECT YOU WILL MAINTAIN FIRE, EXTENDED COVERAGE, VANDALISM AND MALICIOUS MISCHIEF ON ALL PROPERTY BELONGING TO THE CLIENT WHILE SUCH PROPERTY IS IN REFLECT YOU’S POSSESSION. REFLECT YOU’S LIABILITY FOR SUCH PROPERTY SHALL NOT EXCEED THE AMOUNT RECOVERABLE FROM SUCH INSURANCE.

WHAT DOES THIS MEAN

You use the site, service and products at your own risk. We may run low on products from time to time and can take longer than expected to receive products. We cannot guarantee consistency of colour on garments from one order to the next.

 

13. LIMITATIONS OF LIABILITY RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Reflect You, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your uses of the products, made or sold by Reflect You. You hereby agree to indemnify and hold harmless Reflect You, and its 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 liable for any injury, death, 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 any of the Services or any Products.

WHAT DOES THIS MEAN

Reflect You or anyone working for or connected to Reflect You is not liable if you or anyone you know gets hurt while wearing any of the Reflect You. The products are meant to help keep you visible, it is not guaranteed that you or someone you know will never be hit or killed while wearing the products. We are not liable if something goes really wrong.

 

14. RETURN POLICY FOR PRODUCTS

Reflect You wants you to be completely satisfied with your purchases. We are very proud of our products and try to only supply and sell high quality products. We will gladly provide a merchandise refund for your order within thirty (30) days of receipt. Reflect You stands by its products for quality and workmanship but we cannot accept returns on a product that is not in its original condition and packaging which includes anything that has been washed or used. Please Note: All items returned to Reflect You must be shipped at the customer’s sole cost and expense. Contact Reflect You if you need to be advised on the best method of shipping. Goods shipped back to Reflect You from outside of Canada may incur extra duties and taxes. If you have any questions regarding the above, please email us at: info (at) reflectyou (dote) ca . Please allow a minimum of fourteen (14) days for us to receive, inspect legitimacy and process your return. If the item(s) to be returned are deemed acceptable and in line with Reflect You return policy, Reflect You will refund the total value of the merchandise purchased including any taxes you were charged but excluding ANY delivery charge(s) including any extra duties or fees. Adjustments to credit cards should appear within two (2) billing cycles.

WHAT DOES THIS MEAN

We want you to be happy with the product and will refund you the full purchase amount within 30 days of purchase as long as the product is in the same condition as it was when you bought it. We will not return anything that has been worn, used or washed. If everything is good you will be refunded the money for the item(s) only. Any shipping or duty charges are on you.  

 

15. QUOTES, ORDERS & CANCELLATIONS

Any quotes not accepted after 15 days are subject to review and price changes. Once an order is placed if there is no contact for 48 hours after an order is placed it is assumed that the user has seen the order confirmation and agrees to the order as shown. When the order is shipped under these conditions the order is considered acceptable and fulfilled and a credit card will be charged before it is shipped.  

For custom orders of shirts, if there are claims regarding an order they must be made within 5 days of order receipt. No exchanges, refunds, replacements, or other compensation will be offered after 5 days of order receipt. Written approval is required through email for proof approval. Reflect You cannot be held responsible for errors if the word, design, or logo is printed as per the client’s approval or if changes are communicated verbally. Delays in proofing, courier delivery and other uncontrollable events can occur. No order is considered placed until we have received all related order information and confirmation of payment, along with artwork. Once an order is placed, it cannot be modified. 

Reflect You reserves the right to refuse or cancel orders at our sole discretion. Once an order is approved by the client, it may not be cancelled or modified including, but not limited to, artwork changes, garment sizes, quantities, and personalization. If the user decides to cancel an order Reflect You is entitled to a full reimbursement for any work already completed as well as penalties and restocking fees. This will be taken from any payment made in advance of completion of the order. Once you receive the product you will have 5 days to air any grievances. After 5 days no exchanges or refunds will be issued. If you are to return a shipments the items must not be worn, used or laundered. They must be in the condition we sent them out to you. Any shipping or duty charges are on you.

All orders are considered bulk packaged unless otherwise noted. Reflect You reserves the right to charge an agreed upon rate for individual folding, tagging, bagging, sorting, etc. if requested by the customer.


WHAT DOES THIS MEAN

You have 48 hours to decline or suggest changes to a proof (if provided) or else we will print it as shown. You are responsible for any costs incurred for canceled orders. You have 5 days after receiving the product to exchange or get refunded for normal reasons – but if it is due to laundering then that’s on you. Also, if you want us to sort and pack your stuff in a specific manner then you will have to pay for it. We can also change our prices at any time (this won’t affect orders already processed).

16. CONTENT SUBMITTED TO BE USED ON APPAREL  

Please read this section carefully before uploading, or otherwise submitting any Visual Content via email. By submitting content, including but not limited to designs, pictures or team uniform logos to Reflect You, you are granting Reflect You a worldwide, non-exclusive license to use the Visual Content and are representing and warranting to Reflect You that the Content is either owned or you are authorized to represent or distribute the Visual Content, and that Reflect You is allowed and free to publish, distribute and use the Visual Content. The client shall indemnify and hold harmless Reflect You from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Reflect You on grounds alleging that any printing completed by Reflect You violates any copyright or proprietary right of any person, or that it contains any matter that is libellous or scandalous content, invades any person’s right to privacy or personal rights, except to the extent that Reflect You has contributed to the matter. The client agrees to, at the client’s own expense, promptly defend and continue defence of any such claim, demand, action, or proceeding that may be brought against Reflect You, provided that Reflect You shall promptly notify the client with respect thereto, and provided further that Reflect You shall give to the client a reasonable amount of time the urgency of the situation permits to undertake and continue the defence thereof. You represent and warrant that; 

  1. You are the owner or the authorized representative of the owner of all rights to all Visual Content you submit to the site or via email. 
  2. You have the full and complete authority and right to enter into this agreement and grant to Reflect You that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Reflect You of the Visual Content. 
  3. The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order. 
  4. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Reflect You, all of which such rights are hereby expressly and irrevocably waived by you in favour of Reflect You.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information; 

  1. Your name, address, telephone number, and email address (if any);
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where on the Website the material that you claim is infringing may be found, sufficient for Reflect You to locate the material (e.g., the URL);
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Reflect You, its agent, or the law and is not a fair use;
  5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. Your electronic or physical signature.

WHAT DOES THE MEAN

You have permission to use the design or logo and you give us permission to print it on apparel for you. You will be responsible to defend your case in the event that you did not have permission to use a design or logo. We will protect the copyright and we will not sell your photos or designs without your permission. We also respect other people’s copyright. If anything is wrong, please send an email with all the details to info (at) reflectyou.ca

17. PRESS APPROVALS

Any press approvals will be charged at current rates and agreed upon in writing. Any changes, corrections, or lost press time due to client’s change of mind or delay will be charged for at current rates and may affect final due date. If you ok the order from the press sample we will minus the sample fee from your order.

WHAT DOES THIS MEAN

If you need to see an example of the final product on appeiarel before you approve the order you will be charged a sample fee. If you change your mind at all after seeing the final product this could add to the total cost for you. 

 

18. PRE MADE ARTWORK-DESIGNS AND LOGO’S 

Estimates for pressing are based on the client supplying artwork that is “printer/cutter-ready” and does not require any additional touch up’s or cleanup. Additional time needed to prepare or alter the artwork designs or logos will be billed at current rates and may affect the final turn around time and due date of the order. Contact us for any inquiries about fees and charges.

If you require any alterations to the artwork in addition to the original specifications. This work will be charged at current rates and agreed upon in writing.

WHAT DOES THIS MEAN

Any supplied designs or logos that need additional work to make them printer or cutter ready will be charged an additional amount. If you provide printer or cutter ready designs that need no additional work then there will be no extra charge.

 

19. ARTWORK MADE BY OUR DESIGN TEAM

If you require help to create a design or Logo from scratch, this will be billed at current rates and will be paid upfront. If you require additional work above and beyond what was originally agreed upon or discussed it will be billed at current rates. You will be required to pay for this service upfront and we will work with you until you are happy. 


WHAT DOES THIS MEAN

Our design team will work hard to create your design or logo how you imagined it. However, if you keep adding extra logos or changing the entire design we will have to charge a bit extra for the extra time spent.

 

20. COLOUR PROOFING

Due to differences in equipment, garments, inks, vinyls and other conditions between colour proofing and production pressroom operations, a reasonable variation in colour between colour proofs and completed order will constitute acceptable delivery.

WHAT DOES THIS MEAN

We might not be able to get you the exact colour you want in your design. It all depends on colours of available vinyl and garment colours.

 

21. PRODUCTION

Production times are estimates. Reflect You is not responsible for any losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of early or late shipments.

Production schedules will be agreed upon and adhered to by customers and Reflect You, provided that neither shall incur any liability or penalty due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and acts of God or other causes beyond the control of either party.

Before an order can begin production it must be paid in full unless agreed upon in advance. Orders not paid in full will not be considered “in production”. Production time is considered to begin after an order is paid, and when ALL materials supplied by the customer or the supplier are on the premises and accounted for by Reflect You.

We will do what we can to ensure your art is print/cutter ready which means at times we will have to clean up or fix artwork. Providing artwork that is not print/cutter ready (low quality, needing adjustments, etc) may cause delays in production and the Estimated Delivery date for the order will begin after Reflect You has fixed the artwork and made it print ready.

WHAT DOES THIS MEAN

We will keep to our production schedules unless there is a major disaster in which it makes it impossible to complete. We do not have to start the production clock until the money and/or items being supplied by customers or supplier are in our hands.

 

INDEMNIFICATION OF REFLECT YOU

You agree to defend, indemnify and hold Reflect You and its affiliates, partners, sponsors, and respective directors, officers and employees, harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these terms or use by you or any other third party of the services. Reflect You reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

 

GENERAL

These terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.

 

QUESTIONS

Questions about the Terms of Service should be sent to us at: 

info@reflectyou.ca