TERMS AND CONDITIONS FOR PURCHASING GOODS OR SERVICES

UGOIGO STUDIO

TERMS AND CONDITIONS FOR PURCHASING GOODS OR SERVICES

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.  You may only order or obtain products or services from us if you: (i) agree to these terms and conditions; (ii) are the age of majority in your province or state of residence; and (iii) are not otherwise prohibited by applicable law from accessing or using the Sites.

These Terms and Conditions for Purchasing Goods or Services (these “Terms”) apply to the purchase and sale of products and services through any or all of the following: (i) our website, ugoigostudio.com, and all pages associated thereto, and (ii) the UGOIGO page or profile on any social media network, including without limitation, Instagram and Facebook (each a “Site” and collectively, the “Sites”).

These Terms are subject to change by UGOIGO Studio (referred to as “UGOIGO”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on our Site(s).

You should review these Terms, together with our General Terms and Conditions and our Privacy Policy before purchasing any product or services that are available through the Site(s). Your continued use of any Site from and after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the General Terms and Conditions that apply generally to the use of our Site(s). You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8 ).

1. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us. Until we have accepted your order, we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

2. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted are subject to change without notice. The price charged for a product or service will be the price advertised by us at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Posted prices do not include sales taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and, where feasible, will be itemized in your shopping cart and/or your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising
from such occurrences.

(b) Payment using a valid credit card must be received by us before our acceptance of an order. We currently accept payment through VISA, American Express and MasterCard for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such 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, if any, regardless of the amount quoted at the time of your order.

3. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check your order
confirmation for shipment details. You are responsible for all shipping and handling charges unless otherwise specified in the order confirmation.

(b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Returns and Claims of Damage.

(a) Except for any products designated by us as non-returnable, we will accept a
return of products for a store credit equal to your purchase price, less the original
shipping and handlings costs, provided such return is made within forty-five (45) days of shipment date, with valid proof of purchase, and provided further that such products are returned in their original condition. To return products you must email us at ugoigostudio@gmail.com.

(b) Any claim of damaged goods must be made by email to us at ugoigostudio@gmail.com within twenty-four (24) hours of delivery, and must be
accompanied by clear pictures identifying the damage. If we agree, in our sole discretion, that the goods were delivered to you in a damaged state, we may either replace the damaged goods or issue you a store credit equal to your purchase price, plus the original shipping and handling costs.

(c) WE DO NOT OFFER CASH REFUNDS ON ANY OF OUR PRODUCTS.

5. Manufacturer's Warranty and Disclaimers.

(a) ALL PRODUCTS AND SERVICES OFFERED ON EACH SITE ARE
PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR
CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A
PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS
OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE, OR OTHERWISE.

(b) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.

6. Limitation of Liability.  

(a) EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW,
UNDER NO CIRCUMSTANCE WILL WE OR ANY OF OUR PARENT,
SUBSIDIARIES, AFFILIATES OR OURS OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS,
SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,
LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, OR LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR
INDIRECTLY, BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT,
BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH YOUR PURCHASE OF GOODS OR SERVICES FROM ANY
OF THE SITES.

(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON,
AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE
WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU
FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR
SITE(S).

7. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site(s) solely for your own use and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to your province or state of residence.

8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through our Sites.

9. Force Majeure. We are not liable or responsible to you, nor shall we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent that our failure or delay is caused by or results from any of the following events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, epidemics, pandemics; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; and (h) other similar events beyond our control.

10. Governing Law.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

11. Waiver of Recourse to the Courts and Binding Arbitration.
(a) WHERE PERMITTED BY APPLICABLE LAW, YOU AND UGOIGO
AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT.
OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY
ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT,
TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION,
COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE
CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY
WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS
SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION.

(b) The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief
would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of UGOIGO.

14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

15. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

16. Entire Agreement. These Terms, our General Terms and Conditions, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.