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General Terms

Welcome to the kitsch’n Swell Web Site. Your use of this Site is subject to the following terms and conditions of use. These Terms also govern the sale of merchandise by the Kitsch’n Swell to you through the Sites. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a merchant.

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information on the Sites, downloading product information for your personal review, and purchasing merchandise.

When using the Site or otherwise communicating with us once you have used the Site, you accept that communication with us will be electronic and that such communication will be binding on you and the Kitsch’n Swell.

Please review our Payment Methods, Shipping, Online Return/Exchange and Policy and Privacy Policy.  All Site Policies are incorporated in these Terms by this reference and, therefore, apply to your access to, use of and purchase of merchandise through the Site.

These Terms and the Site Policies together constitute an agreement between you  and the Kitsch’n Swell Inc., a corporation incorporated under the laws of the Province of Quebec, with its head office at 4065 Boulevard St-Laurent , Montreal, Quebec, H2W 1Y7, Canada, doing business as Kitsch’n Swell, in relation to your use of the Sites, the merchandise and services offered and sold through the Sites, and any orders you place through the Sites.

BY USING THE SITES AND/OR PLACING ANY ORDERS THROUGH THE SITES, YOU ACCEPT THESE TERMS AND THE SITE POLICIES AND AGREE TO BE BOUND BY THESE TERMS AND THE SITE POLICIES. IF YOU DO NOT AGREE WITH THESE TERMS OR THE SITE POLICIES, PLEASE DO NOT PLACE AN ORDER THROUGH THE SITES OR USE THE SITES OR ANY OF THE SERVICES PROVIDED ON THE SITES. IF YOU ARE DISSATISFIED WITH THESE TERMS, ANY OF THE SITE POLICIES OR THE SITES, YOUR SOLE REMEDY IS TO CEASE USING THE SITES.

We reserve the right to remove or edit any materials or content on the Sites (including terminating, changing, suspending or discontinuing any aspect of the Sites) and the right to withdraw any merchandise from the Sites at any time. We will not be liable to you or any other party for doing so.

The viewing, printing or downloading of any graphic, form, document or other content from the Site grants to you a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other non-personal use. No part of any graphic, form, document or other Sites’ content may be reproduced in any manner or incorporated into any information system. Any unauthorized use of a Site and its content automatically terminates such license without notice.

You agree that:

  1. You may only use the Sites to make legitimate inquiries or orders;
  2. You will not make any speculative, false or fraudulent orders for merchandise. If we are of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;
  3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary. If you do not give us all of the information that we need, we may not be able to complete your order. See our Privacy Policy for more information on how we collect, use and disclose your personal information;
  4. you will not interfere or attempt to interfere in any way with the Site’s networks or its network security, or attempt to use the Site service to gain unauthorized access to any other computer system;
  5. you will not use the Sites to communicate, transmit, or post commercial electronic messages or material that infringes on the intellectual property, privacy or publicity rights of another;
  6. you will not use the Sites to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, provincial, national or international law;

We are pleased to hear from our visitors and welcome your comments. Accordingly, as part of your use of the Site, our social media pages and services offered, you may upload, post, distribute or share content and material (including, but not limited to, photographs, images you have taken, captions and comments).  You hereby grant the Kitsch’n Swell to use is discretion, to allow us post or let you posts about products and services in any way, and you hereby waive any moral rights to such Posted Content on our web site, our Facebook page and our instagram page

You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own Posted Content and are responsible for the consequences of your Posted Content. You agree not to post:

  1. any material that (i) is copyrighted or trademarked, (ii) is confidential or proprietary, (iii) reveals a trade secret, (iv) infringes on any intellectual property right of another or on the privacy or publicity rights of another; in each case unless you own the relevant rights or have the owner's permission (including the requisite consents and releases, as the case may be) to post such material;
  2. any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
  3. any chain letter or pyramid scheme; or
  4. any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Site, including all information and content there on such as text, data, wallpaper, icons, characters, artwork, images, animations, videos, photographs, graphics, music, sound, messages, software and the HTML used to generate the Site’s pages, are the property of the Kitsch’n Swell or our affiliates, suppliers or licensors and are protected by patent, trademark and/or copyright laws in Canada, the United States and/or elsewhere. 

Availability of merchandise on the Site may vary and merchandise displayed may be out-of-stock or discontinued. Some merchandise may be available only in limited quantities or while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on the Sites. Display of an item on the Sites is not a guarantee that the item is in stock or that it will be in stock at a later date.

Although we have made every effort to display merchandise as accurately as possible on the Sites, the manner in which products are actually displayed will depend upon the monitor or device of the user. We cannot guarantee that your monitor or device will accurately portray the actual colors, textures or details of our products.

All the prices are in Canadian currency.

Please conctact us if you have any questions in regards of our policies.