Terms of service
OVERVIEW
Welcome to Speaker & Song. These Terms of Service (the “Terms”) govern your access to and use of this website, online store, and related services (the “Services”). The terms “we,” “us,” and “our” refer to Speaker & Song.
By visiting, interacting with, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Services.
SECTION 1. ELIGIBILITY AND ACCOUNTS
By using the Services, you represent that you are at least the age of majority in your province, state, or territory of residence, or that you have consented to the use of the Services by your minor dependants on devices you own or manage.
You agree to provide accurate, current, and complete information when creating an account or placing an order. You are responsible for safeguarding your account credentials and for activity conducted through your account.
SECTION 2. PRODUCTS AND AVAILABILITY
We make reasonable efforts to present product descriptions, specifications, finishes, images, pricing, and availability accurately. Screen settings, production changes, and natural material variations may cause a product’s appearance to differ from images. Manufacturer specifications and availability may change without notice.
Some products are stocked, while others are ordered from a Canadian distributor or manufacturer as needed. Products identified as special order, custom finish, custom length, or otherwise specially configured may be subject to final-sale and cancellation restrictions described in our Return and Refund Policy.
We may discontinue products, limit quantities, or restrict sales to particular people, regions, or jurisdictions where reasonably necessary.
SECTION 3. ORDERS
Submitting an order is an offer to purchase. An automated acknowledgement does not necessarily constitute acceptance. We may accept, decline, correct, or cancel an order, including where a product is unavailable or information concerning price, availability, or configuration is materially inaccurate. If we cancel an order after payment has been processed, we will refund the affected amount.
Please review your order carefully before submitting it. Cancellation requests are handled under our Return and Refund Policy. Special-order or custom products generally cannot be cancelled once ordered from the distributor or manufacturer.
Products are sold for lawful personal or household use and not for unauthorized resale or export.
SECTION 4. PRICES, TAXES, AND PAYMENT
Unless otherwise stated, prices are shown in Canadian dollars and exclude applicable taxes and shipping charges. Shipping charges, when applicable, are shown at checkout. Prices, promotions, and availability may change without notice, but the price charged will be the price confirmed for an accepted order, subject to correction of obvious errors as permitted by law.
You agree to provide accurate billing and payment information and represent that you are authorized to use the payment method supplied.
SECTION 5. SHIPPING AND DELIVERY
Shipping rates, estimated timing, personal GTA delivery, tracking, and procedures for shipping damage are described in our Shipping Policy. Delivery dates are estimates unless expressly confirmed otherwise. We are not responsible for delays caused by carriers, customs, suppliers, or events beyond our reasonable control. Nothing in these Terms transfers risk or limits responsibility in a manner prohibited by applicable law.
SECTION 6. RETURNS, CANCELLATIONS, AND WARRANTY SERVICE
Returns, exchanges, restocking fees, non-returnable products, special orders, cancellations, and refunds are governed by our Return and Refund Policy. Manufacturer warranties, where applicable, are subject to the manufacturer’s terms. We will assist with warranty service within the scope of those terms and applicable law.
Nothing in these Terms or our policies limits any right or remedy that cannot lawfully be excluded under applicable consumer-protection legislation.
SECTION 7. INTELLECTUAL PROPERTY
The Services and their original content, design, text, graphics, photographs, video, audio, logos, and other materials are owned by or licensed to Speaker & Song and are protected by Canadian and other applicable intellectual-property laws. Brand names, product names, trademarks, images, and other materials belonging to manufacturers, distributors, Shopify, or other third parties remain the property of their respective owners.
You may use the Services for personal, non-commercial purposes only. Except as permitted by law or with prior written consent from the applicable rights holder, you may not reproduce, distribute, modify, republish, sell, or exploit material from the Services.
SECTION 8. THIRD-PARTY TOOLS AND LINKS
The Services may provide access to third-party tools, content, or websites. We do not control those third parties and are not responsible for their content, availability, security, or practices. Your use of third-party services is subject to the applicable third party’s terms and policies.
SECTION 9. RELATIONSHIP WITH SHOPIFY
Speaker & Song is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Speaker & Song. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Speaker & Song, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Speaker & Song.
SECTION 10. PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy. Because the Services are hosted by Shopify, certain personal information is also processed by Shopify as described in the Shopify Consumer Privacy Policy.
SECTION 11. FEEDBACK AND USER CONTENT
If you submit a review, photograph, suggestion, or other content, you represent that you have the right to provide it and that it does not violate law or another person’s rights. You grant Speaker & Song a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, and display that content in connection with operating and promoting the Services. We may remove content that is unlawful, misleading, abusive, or otherwise inappropriate.
SECTION 12. ERRORS AND CORRECTIONS
The Services may occasionally contain errors or omissions relating to descriptions, specifications, pricing, promotions, shipping, timing, or availability. We may correct or update that information and, where permitted by law, cancel and refund an affected order. We will contact you where practical.
SECTION 13. PROHIBITED USES
You may use the Services only for lawful purposes. You must not infringe intellectual-property or privacy rights; submit false, misleading, abusive, or unlawful material; introduce malicious code; interfere with security or operation; impersonate another person; collect personal information without authorization; send spam; or use the Services in any way that violates applicable law.
SECTION 14. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis. We do not guarantee that the Services will always be uninterrupted, secure, error-free, or suitable for every purpose. Product warranties are limited to any express warranty we provide and any applicable manufacturer warranty, together with rights that cannot lawfully be excluded.
SECTION 15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Speaker & Song and its directors, officers, employees, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential loss arising from use of the Services or products purchased through them. This limitation does not apply where liability cannot lawfully be excluded or limited.
SECTION 16. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Speaker & Song, Shopify, and their respective affiliates, directors, officers, employees, contractors, licensors, and service providers from third-party claims arising from your material breach of these Terms, your unlawful use of the Services, or your violation of another person’s rights.
SECTION 17. SEVERABILITY, WAIVER, AND ASSIGNMENT
If any provision of these Terms is found unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a transfer of the business or Services, subject to applicable law.
SECTION 18. ENTIRE AGREEMENT
These Terms, together with the policies expressly incorporated by reference, constitute the agreement governing your use of the Services and supersede prior communications on the same subject. If these Terms conflict with a mandatory right under applicable law, that mandatory right prevails.
SECTION 19. GOVERNING LAW
These Terms and any separate agreement through which we provide Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles. Subject to any mandatory consumer right to bring a claim elsewhere, the courts located in Ontario will have jurisdiction.
SECTION 20. CHANGES TO THESE TERMS
We may update these Terms from time to time by posting a revised version on this page. Material changes will be communicated as required by applicable law. The revised Terms apply from the stated effective date.
SECTION 21. CONTACT INFORMATION
Questions about these Terms may be directed to:
Speaker & Song
1285 St. Mary’s Ave
Mississauga, Ontario L5E 1H8
Canada
Email: hello@speakerandsong.ca
Phone: +1 647-930-2589