TERMS AND CONDITIONS OF SALE AND USE – NIXTITU BAG

OVERVIEW

This website is operated by NIXTITU BAG. Throughout the site, the terms “we,” “us,” and “our” refer to NIXTITU BAG. We provide this website, including all information, tools, and services available on it, subject to your acceptance of the terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing a product from us, you engage with our “Service” and agree to be bound by these Terms and Conditions, including any additional terms, conditions, and policies referenced herein or available through hyperlinks. These Terms apply to all users of the website, including visitors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you must not access the website or use our services.

Any new features or tools added to our store will also be subject to these Terms. You can review the latest version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes on our website. It is your responsibility to check this page periodically. Your continued use of the website following the publication of changes constitutes acceptance of those changes, subject to applicable law.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.

ARTICLE 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your country, state, or province of residence, or that you have the necessary authorization to allow a minor under your care to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any applicable laws in your jurisdiction when using our Service, including copyright laws.

You must not transmit worms, viruses, or any other code of a destructive nature.

Any violation of these Terms may result in the immediate suspension or termination of your access to our Services, subject to applicable law.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason and at any time.

You understand that your content, excluding payment card information, may be transferred without encryption and may involve transmissions across various networks or technical adjustments required to connect networks and devices. Payment card information is encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.

ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that the information on our website is accurate and up to date. However, we do not guarantee that all information is always accurate, complete, or current.

The material on this website is provided for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting more complete or up-to-date sources where appropriate. Any reliance on the information presented on this website is at your own risk, subject to applicable law.

This website may contain historical information that is provided for reference purposes only and may not be current. We reserve the right to modify website content at any time, although we are not obligated to update every item of information unless required by law.

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Product prices may change without prior notice, subject to applicable legal requirements.

We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time.

We shall not be liable for any modification, price change, suspension, or discontinuation of the Service, except where liability cannot be excluded under applicable law.

ARTICLE 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through our website. These products may be available in limited quantities and may be returned or exchanged only in accordance with our Return and Refund Policy and applicable consumer protection laws.

We make reasonable efforts to display our products and their colors as accurately as possible. However, the colors displayed on your screen may differ from the actual product due to device settings and screen characteristics.

We reserve the right, where permitted by law, to limit sales of our products or services to particular individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis and reserve the right to limit product quantities.

Product descriptions and prices may be changed at our discretion, subject to applicable law. We also reserve the right to discontinue a product at any time. Any offer for a product or service on this website is void where prohibited by law.

We strive to provide products and services that meet reasonable quality expectations. Nothing in these Terms excludes or limits any warranties, guarantees, or consumer rights that cannot lawfully be excluded or limited.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us, subject to applicable law. We may, at our discretion, limit or cancel quantities purchased per person, household, or order where appropriate.

These restrictions may apply to orders placed using the same customer account, payment card, billing address, or shipping address. If we modify or cancel an order, we may attempt to notify you using the email address, billing address, or telephone number provided when the order was placed.

We reserve the right to restrict or prohibit orders that we reasonably believe are placed by dealers, resellers, or distributors for unauthorized purposes.

You agree to provide current, complete, and accurate purchase and account information for all orders placed through our store. You agree to promptly update your account information, including your email address and payment details, so that we can complete transactions and contact you when necessary.

For additional information, please review our Return and Refund Policy.

ARTICLE 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools over which we have no control, supervision, or influence.

You acknowledge and agree that these tools are provided “as is” and “as available,” without warranties or endorsements of any kind, to the extent permitted by law. We are not responsible for issues arising from your use of optional third-party tools, except where applicable law provides otherwise.

Your use of optional tools offered through our website is at your own discretion and risk. You should review the terms and conditions of the relevant third-party providers before using their tools.

We may introduce new services, features, tools, or resources in the future. Any such additions will also be subject to these Terms.

ARTICLE 8 – THIRD-PARTY LINKS

Our Service may include content, products, or services provided by third parties.

Links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of those websites, and we do not guarantee or assume responsibility for third-party content, websites, products, services, or other materials.

We are not responsible for damages or losses arising from purchases or transactions made through third-party websites, except where liability cannot be excluded under applicable law.

Please review the policies and practices of third-party providers carefully before entering into any transaction. Questions, complaints, or concerns about third-party products or services should be directed to the relevant provider.

ARTICLE 9 – USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you submit specific content at our request, such as contest entries, or send us creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, by mail, or otherwise, you agree that we may use those submissions as permitted by applicable law and any agreement between us.

Nothing in this section requires you to waive any rights that cannot legally be waived, including applicable privacy, intellectual property, or moral rights.

We are not obligated to keep unsolicited comments confidential, pay compensation for them, or respond to them, except where otherwise agreed or required by law.

We may, but are not obligated to, monitor, edit, or remove content that we reasonably consider unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise inappropriate.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or property rights. Your comments must not contain unlawful, abusive, or malicious content, viruses, or other software that could interfere with the operation of our Service or any related website.

You must not use a false email address, impersonate another person, or mislead us or third parties about the origin of your submissions. You are responsible for the comments you submit and their accuracy.

ARTICLE 10 – PERSONAL INFORMATION

The submission of personal information through our store is governed by our Privacy Policy.

Please review our Privacy Policy to understand how we collect, use, disclose, and protect personal information when you visit our website or make a purchase.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

Our website or Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, or product availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders when information is inaccurate, subject to applicable law and any rights you may have as a consumer.

We are not obligated to update or clarify information on our website unless required by law. No stated update date should be interpreted as a guarantee that all information has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the website or its content:

(a) For any unlawful purpose.

(b) To solicit others to perform or participate in unlawful acts.

(c) To violate applicable local, provincial, national, or international laws or regulations.

(d) To infringe upon our intellectual property rights or those of others.

(e) To harass, abuse, insult, harm, defame, intimidate, or discriminate against anyone on the basis of legally protected characteristics.

(f) To submit false or misleading information.

(g) To upload or transmit viruses, malicious code, or any other material that could affect the functionality or operation of our Service, related websites, or the Internet.

(h) To collect or track the personal information of others without authorization.

(i) To engage in spam, phishing, domain hijacking, unauthorized data collection, or similar activities.

(j) For obscene or otherwise unlawful purposes.

(k) To interfere with or circumvent the security features of our Service, related websites, or the Internet.

We reserve the right to suspend or terminate access to our Service or any related website for violations of these prohibited uses, subject to applicable law.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results obtained from using the Service will always be accurate or reliable.

We may suspend the Service for periods of time or discontinue it, subject to applicable law.

Your use of the Service is at your own risk. Except as expressly stated otherwise and to the extent permitted by law, the Service and the products and services delivered through it are provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, restricts, or modifies any statutory warranties, consumer guarantees, or other rights that cannot legally be excluded or limited.

To the maximum extent permitted by applicable law, NIXTITU BAG and its directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers shall not be liable for indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, savings, data, or replacement costs, arising from your use of the Service or any product purchased through it.

This limitation applies to claims arising in contract, tort, negligence, strict liability, or otherwise, to the extent permitted by law.

Where applicable law does not permit the exclusion or limitation of certain damages or liabilities, our liability will be limited only to the extent legally permitted.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify and hold harmless NIXTITU BAG, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from third-party claims, liabilities, or reasonable legal expenses arising from your breach of these Terms or violation of applicable law or another party's rights.

This obligation applies only to the extent permitted by applicable law.

ARTICLE 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will remain enforceable to the fullest extent permitted by law, and the unenforceable portion will be considered severed from these Terms.

Such a determination will not affect the validity or enforceability of the remaining provisions.

ARTICLE 16 – TERMINATION

Any obligations and liabilities incurred by either party before termination will survive termination to the extent necessary and as provided by law.

These Terms remain effective unless and until terminated by you or us. You may stop using our Services at any time.

If we reasonably determine that you have violated these Terms, or suspect a violation, we may suspend or terminate your access to our Services, subject to applicable law.

You remain responsible for any amounts lawfully owed up to the effective date of termination.

ARTICLE 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any other policies or operating rules published on our website, constitute the agreement between you and NIXTITU BAG regarding your use of the Service and supersede prior agreements and communications on the same subject, to the extent permitted by law.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

ARTICLE 18 – GOVERNING LAW

These Terms and any separate agreements under which we provide Services will be governed by the applicable laws of the Province of Quebec and the federal laws of Canada applicable therein, without prejudice to any mandatory consumer protection laws that apply in your country or place of residence.

Nothing in this section deprives consumers of rights or protections that cannot lawfully be excluded under applicable law.

ARTICLE 19 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our discretion, to update, modify, or replace any part of these Terms by posting changes on our website.

It is your responsibility to check our website periodically for updates. Your continued use of or access to our website after changes are posted constitutes acceptance of the revised Terms, subject to applicable law.

ARTICLE 20 – CONTACT INFORMATION

Questions about these Terms and Conditions should be sent to:

Store Name: NIXTITU BAG

Email: info@nixtitubag.com

Business Address: 409 rue Gamache, Victoriaville, Quebec, Canada

We will make reasonable efforts to respond to inquiries regarding these Terms.

Thank you for shopping with NIXTITU BAG.