Welcome to www.museandmerchant.com (the “Muse and Merchant website”, or “museandmerchant.com”). These URLS provides website features and other services to you when you visit or shop at the Muse and Merchant website, use museandmerchant.com services. museandmerchant.com provides the museandmerchant.com Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read them carefully. Your use of museandmerchant.com Services constitutes your agreement to follow these rules and to be bound by them.
Muse and Merchant reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.
When you use museandmerchant.com Services or send an email to Muse and Merchant, you are communicating with Muse and Merchant electronically and therefore consent to receiving communications from Muse and Merchant electronically. Muse and Merchant will communicate with you by email or by posting notices on the Muse and Merchant website, or through other museandmerchant.com Services. You agree that all agreements, notices, disclosures, and other communications that Muse and Merchant provides to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through museandmerchant.com Services—such as text, design, graphics, logos, photographs and images, button icons, audio clips and digital downloads—is the property of museandmerchant.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any museandmerchant.com Service is the exclusive property of museandmerchant.com and protected by Canadian and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through museandmerchant.com Services are trademarks or trade dress of Muse and Merchant, in Canada and other countries. Muse and Merchant’s trademarks and trade dress may not be used in connection with any product or service that is not Muse and Merchant’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Muse and Merchant. All other trademarks not owned by Muse and Merchant that appear in the museandmerchant.com Services are the property of their respective owners, who may or may not be connected to, or sponsored by Muse and Merchant.
LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, museandmerchant.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of museandmerchant.com Services. This licence does not include any resale or commercial use of museandmerchant.com Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of museandmerchant.com Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Muse and Merchant or its licensors, suppliers, publishers, rightsholders, or other content providers. museandmerchant.com Services, or any part of museandmerchant.com Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of museandmerchant.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of museandmerchant.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Muse and Merchant’s name or trademarks without the express written consent of Muse and Merchant. You may not misuse museandmerchant.com Services. You may use museandmerchant.com Services only as permitted by law. The licenses granted by Muse and Merchant will terminate if you do not comply with these Conditions of Use.
If you use museandmerchant.com Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use the museandmerchant.com Services only with involvement of a parent or guardian. museandmerchant.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
COMMUNICATIONS AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do submit material, and unless Muse and Merchant indicates otherwise, you grant Muse and Merchant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Muse and Merchant the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Muse and Merchant for all claims resulting from content you supply.
RISK OF LOSS
Risk of loss and title for items purchased from museandmerchant.com pass to you upon our delivery to the carrier.
RETURNS, REFUNDS, EXCHANGES AND TITLE
Muse and Merchant does not take title to returned items until the item arrives at Muse and Merchant’s Distribution Centre. At Muse and Merchant’s discretion, a refund may be issued without requiring a return. In this situation, museandmerchant.com does not take title to the refunded item. For more information about returns and refunds, please see Muse and Merchant’s Returns & Exchanges Policy.
Muse and Merchant reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations. Most products displayed on this site are available in select Muse and Merchant stores.
museandmerchant.com attempts to be as accurate as possible. However, Muse and Merchant does not warrant that product descriptions or other content of museandmerchant.com Services is accurate, complete, reliable, current, or error-free. If a product offered by museandmerchant.com itself is not as described, your sole remedy is to return it in an unused condition.
museandmerchant.com does its best to display product colors shown on this website as accurately as possible. However, because the colors you see depend on your monitor, museandmerchant.com cannot guarantee that your monitor’s display of any color is accurate. Muse and Merchant will not be held responsible for any discrepancies between the colour displayed for any given product on museandmerchant.com and the actual perceived colour for this product itself.
All prices shown on this site are quoted in Canadian dollars and are valid and effective in Canada only. Muse and Merchant reserves the right to modify retail prices at any time and without prior notice. All prices indicated exclude taxes, delivery and assembly.
With respect to items sold by museandmerchant.com, Muse and Merchant cannot confirm the price of an item until you order. Despite Muse and Merchant’s best efforts, a small number of the items in the museandmerchant.com catalog may be mispriced. If an item’s correct price is higher than the museandmerchant.com stated price, Muse and Merchant will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Muse and Merchant generally does not charge your credit card until after your order has entered the shipping process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Muse and Merchant’s WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH museandmerchant.com ARE PROVIDED BY Muse and Merchant ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Muse and Merchant MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE museandmerchant.com WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH museandmerchant.com, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE museandmerchant.com WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Muse and Merchant DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Muse and Merchant DOES NOT WARRANT THAT THE museandmerchant.com WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Muse and Merchant WEBSITE; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM museandmerchant.com SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. museandmerchant.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF museandmerchant.com SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH museandmerchant.com SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
APPLICABLE LAW AND DISPUTES
Any dispute or claim relating in any way to your use of museandmerchant.com Services, or to any products or services sold or distributed by Muse and Merchant or through museandmerchant.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Muse and Merchant and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Muse and Merchant and you each waive any right to a jury trial. Muse and Merchant and you also both agree that you or Muse and Merchant may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Muse and Merchant reserves the right to make changes to the Muse and Merchant website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
MUSE AND MERCHANT’S ADDRESS
Muse and Merchant Ltd
1400 United Blvd
Coquitlam, British Columbia V3K 6Y2