Terms & Conditions

This website is owned by and operated by Creative Apparatus Inc. By using our site, creativeapparatus.com, you agree to the Terms and Conditions below. Creative Apparatus Inc. may modify these Terms and Conditions at any time, and by using the site you hereby agree to such modified terms. If you do not agree to any of these Terms or Conditions or any changes made by Creative Apparatus Inc. thereafter, you must not use the site.

The content that appears on our site is for informational purposes only. We do our best to ensure that the information posted is timely and accurate. Unfortunately, errors do appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. We may from time to time place a button or link to the website of another individual or company. Any links are designed for convenience only.

Product Information & Availability

The availability of certain Products may be limited, and Products may not be available for immediate delivery. Creative Apparatus Inc. may revise or cease to make available any Products at any time without prior notice. In the event that Creative Apparatus Inc. is unable to deliver to you a Product ordered due to lack of availability, Creative Apparatus Inc. will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Creative Apparatus Inc. may, in its sole discretion, contact you in order to give you the option to maintain your order subject to a revised delivery time if and when the Product becomes available.

Creative Apparatus Inc. attempts to be as accurate as possible in describing all Products available for sale and/or distribution by Creative Apparatus Inc. However, Creative Apparatus Inc. does not warrant that Product descriptions or other content of the Website are always accurate, complete, reliable, current or error-free.

Ownership of Site Content

Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other content are the exclusive property of Creative Apparatus Inc. or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the site content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Creative Apparatus Inc. and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Creative Apparatus Inc. grants you no express or implied rights by way of your permitted downloading of copyrighted material.

Restriction of Your Use

Your use of this site is granted based on a revocable license. As a condition of your use, you warrant to Creative Apparatus Inc. that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by Creative Apparatus Inc. This means that you may access the site using a browser and you may download one copy of the site content on a single computer for your own personal and non commercial internal use. You shall not: (a) modify the site content, in whole or in part; (b) use the site content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) decompile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the site content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the site content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the site content.

Trademarks

The trademarks, logos and any designs used or displayed are trademarks and/or service marks owned by Creative Apparatus Inc. or, on occasion, used by Creative Apparatus Inc. under license from another third party. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Creative Apparatus Inc., is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in the site are the property of their respective owners. All rights reserved.

Linking and Framing

As a matter of policy, Creative Apparatus Inc. does not permit you to create or post a link or a frame to any Creative Apparatus Inc. site without prior written approval. If you would like to link to creativeapparatus.com, please contact us.

Shipping & Taxes

Creative Apparatus Inc. will ship the Product(s) ordered by you to the address indicated in the Order Confirmation. Delivery times provided by Creative Apparatus Inc. are estimates only. Creative Apparatus Inc. shall not be responsible for any damages or costs resulting from any delays in delivery.

FEDEX REQUIRES, UPON DELIVERY, AN ADULT SIGNATURE AS A PROOF OF DELIVERY FOR ORDERS OVER $300 SO PLEASE ENSURE SOMEONE IS AVAILABLE TO RECEIVE THE PARCEL ON YOUR BEHALF.

Unless otherwise stated, all prices showing on the Website do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping, handling and taxes will be shown on the Order Confirmation for each Order, as applicable.

Ownership & Risk Of Loss

All Product(s) purchased from Creative Apparatus Inc. are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of remittance by Creative Apparatus Inc. of the Product(s) to the third party delivery company. Any claim by you for a failed delivery shall be made by you directly with the shipping company (ex: Fedex) and we will try and assist you in expediting the claim.

Returns

All Product returns are subject to Creative Apparatus Inc.’s Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.

Disclaimer of Warranties

YOU AGREE THAT THE USE OF THE SITE IS AT YOUR OWN PERSONAL RISK. CREATIVE APPARATUS INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED AND ERROR FREE; THEY DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CREATIVE APPARATUS INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL CREATIVE APPARATUS INC. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN NO EVENT SHALL CREATIVE APPARATUS INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF CREATIVE APPARATUS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

This agreement is effective until terminated by Creative Apparatus Inc., at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the site content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Comments

Creative Apparatus Inc. welcomes your comments. If you have questions or comments about our policies, feel free to send us an email to: hello@creativeapparatus.com