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Privacy Notice |
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PRIVACY
W S Hobby, Toys & Collectibles does not sell any personal information collected through our online store or face-to-face transactions. Your name and address will not show up on any mailing list except our own and when expressed or implied consent permits the sharing of information for specific and stated purposes. Your name will be removed from our mailing list upon request.
METHODS OF PAYMENT
We accept Visa, Mastercard, American Express and Diners Club payments through Paypal. We also accept International Money Orders, Bank Drafts, and Personal Cheques. In using Personal Cheques for payment, you must allow an additional week (up to three weeks for international customers) for the cheque to clear before the order will be sent.
PURCHASING BY MINORS
Our policy is to not sell to minors. If you are under the legal age of majority and wish to purchase from our on-line store, you must have a parent or legal guardian make the purchase for you.
USER AGREEMENT
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and W S Hobby, Toys & Collectibles
("wshobby.com"), and governs your use of the W S Hobby, Toys & Collectibles web
site and its content and the services and goods provided through the
Web site (collectively the "Web Site"). Each time you use the Web Site
you signify your acceptance and agreement, and the acceptance and
agreement of any person you purport to represent (and for purposes of
this Agreement, "person" includes any type of incorporated or
unincorporated entity), without limitation or qualification, to be bound by
this Agreement, and you represent and warrant that you have the legal
authority to agree to and accept this Agreement on behalf of yourself
and any person you purport to represent. If you do not agree with each
provision of this Agreement, or you are not authorized to agree to and
accept this Agreement, or you do not have the legal authority to agree
to and accept this Agreement, you may not use the Web Site.
2. ERRORS, OMISSIONS, PRODUCT AVAILABILITY, PRICES, AND
ORDERS
W S Hobby, Toys & Collectibles endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, W S Hobby, Toys & Collectibles reserves the right to change the prices, fees and charges regarding the goods and services available through the Web
Site at any time and from time to time without any notice or liability to you or any other person. Also, W S Hobby, Toys & Collectibles cannot guarantee that goods or services advertised on the Web Site will be available when
ordered or thereafter. W S Hobby, Toys & Collectibles also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, W S Hobby, Toys & Collectibles will provide you with an opportunity to cancel your order. If you order goods or services that are not available, W S Hobby, Toys & Collectibles will notify you by email. W S Hobby, Toys & Collectibles reserves the right to limit quantities sold. The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when W S Hobby, Toys & Collectibles ships your order. If you wish to cancel an order, you may request cancellation by sending an email to dan@wshobby.com. However, W S Hobby, Toys & Collectibles may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
3. INDEMNITY
You agree to indemnify, defend and hold harmless each of
W S Hobby, Toys & Collectibles and its providers and all of their respective
agents, directors, officers, employees, information providers,
service providers, suppliers, licensors and licensees, and all
other related, associated, or connected persons
(collectively, the "indemnified parties") from and against any
and all liabilities, expenses and costs, including without
limitation reasonable legal fees and expenses, incurred by the
indemnified parties in connection with any claim or demand
arising out of, related to, or connected with your use of the
web site or your breach of this agreement. You will assist and
co-operate as fully as reasonably required by the indemnified
parties in the defence of any such claim or demand.
Advice and information provided by W S Hobby, Toys & Collectibles or its
representatives, whether oral or written, will not create any
representation, warranty or condition or vary or amend this
agreement, including the above disclaimer, liability exclusion,
liability limitation, release and indemnity provisions, and you
4. TRADE-MARK INFORMATION
W S Hobby, Toys & Collectibles. wshobby.com, and the W S Hobby, Toys & Collectibles logo, are registered and unregistered trade-marks and trade names owned by
W S Hobby, Toys & Collectibles and licensed to W S Hobby, Toys & Collectibles. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos
(collectively "Marks") displayed on the Web Site, except as expressly
provided in this Agreement, is strictly prohibited. Nothing appearing on
the Web Site or elsewhere shall be construed as granting, by implication,
estoppel, or otherwise, any licence or right to use any Marks displayed on
the Web Site.
5. TRANSACTION AGREEMENTS
All transactions through the Web Site, including the purchase and sale of
goods and services and the licensing of software, are governed by this
Agreement and any applicable Transaction Agreement. By participating in
a transaction through the Web Site, you signify your agreement and
acceptance of the applicable Transaction Agreement.
This Web site (excluding linked Web sites) is controlled by
W S Hobby, Toys & Collectibles from its offices within the Province of Ontario, Canada. This Web site can be
accessed from all provinces and territories of Canada, as well as from other countries around the world. As each
of these places has laws that may differ from those of the Province of Ontario, Canada, by accessing this Web
site, the user agrees that all matters relating to access to, or use of, this Web site, or any other hyperlinked Web
site, shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the
conflicts of laws principals thereof. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledges that the user do so voluntarily and is
responsible for complying with local laws
6. PERMITTED USERS AND ACCESS
The Web Site may be used only by persons resident in Canada who have
reached the age of majority or legal age in their jurisdictions and who can
form legally binding contracts under applicable law. The Web Site may not
be used by persons in jurisdictions where access to or use of the Web
Site or any part of it may be illegal or prohibited. It is solely your
responsibility to determine whether your use of the Web Site is lawful,
and you must comply with all applicable laws.
7. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the
Web Site.
W S Hobby, Toys & Collectibles may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its
features at any time, for any reason, without any notice or liability to you
or any other person.
W S Hobby, Toys & Collectibles may at any time and for any reason, with or without
cause, and in its sole discretion, immediately suspend or terminate (in
whole or in part) your permission to use the Web Site and your user
password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by
you or W S Hobby, Toys & Collectibles for any reason, this Agreement will nevertheless
continue to apply and be binding upon you in respect of your prior use of
the Web Site and your purchases of goods and services through the Web
Site and anything connected with, relating to or arising from those
matters.
The user acknowledges that any content, offers, information, opinions (including without limitation, reviews)
("Content") he or she may provide to wshobby.com becomes the property of W S Hobby, Toys & Collectibles
including all copyright, without reservations, and user waives in favour of the foregoing any and all moral rights
in such Content. The user is hereby notified that all or any portion of the Content may be used, edited,
reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in
any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist
in such Content, without compensation of any kind to the user.
By submitting Content to wshobby.com the user automatically warrants that he/she has the full right and
authority to submit such Content, and that none of such Content is subject to any copyright or other proprietary
right of a third party.
Any Content expressed or made available by third parties, including any other user of wshobby.com are those of
the respective third parties and not of W S Hobby, Toys & Collectibles or its licensors, or any of their officers,
directors, employees or agents.
The owners and operators of wshobby.com reserve the right to not publish, or to remove any Content that they
deem in their sole discretion, to be inappropriate for wshobby.com for any reason whatsoever.
8. OTHER SITES
The Web Site may include advertisements for, and links to, other Web
sites or resources and businesses operated by other persons ("Other sites"). Other sites are independent from W S Hobby, Toys & Collectibles, and
W S Hobby, Toys & Collectibles has no responsibility or liability for or control over other
Sites, their business, goods, services, or content. Links to other Sites
are provided solely for your convenience. W S Hobby, Toys & Collectibles does not sponsor
or endorse any other Sites or their content or the goods or services
available through those other Web Sites. Your use of other Sites and
your dealings with the owners or operators of other Sites is at your own
risk, and you shall not make any claim against W S Hobby, Toys & Collectibles arising out of
your use of any other sites or your dealings with the owners or operators
of any other sites. As between you and W S Hobby, Toys & Collectibles, the provisions of
this Agreement under the section headed Disclaimer and
Indemnity apply, with all necessary
modifications, to your access to and use of any other sites and their
business, goods, services, and content.
DISCLAIMER
This web site and the information or
Materials herein are provided on an "as is, where is" basis. W S Hobby, Toys & Collectibles makes no representations or warranties, either express or implied, of any
Kind with respect to this web site or its contents. W S Hobby, Toys & Collectibles
Disclaims all warranties, express or implied, including, but not limited to,
Merchantability and fitness for a particular purpose. By using or attempting to use
The web site, the user expressly acknowledges that (i) there are no warranties or
representations made regarding the content of this web site in terms of how current
It is, its accuracy, or its completeness; and (ii) as a service to users of the web site
Wshobby.com includes links to other web sites that W S Hobby, Toys & Collectibles
Has no control over, and makes no endorsements or representations of any kind
regarding the products, services, content or appropriateness of content on such web
Sites, and the user hereby irrevocably waives any claim against W S Hobby, Toys & Collectibles with respect to such web sites.
Except as specifically stated on this web site, none of W S Hobby, Toys & Collectibles
or any of its respective directors, employees or other representatives will be liable
For damages arising out of or in connection with the use of this web site, or any
other hyperlinked web site. This is a comprehensive limitation of liability that applies
to all damages of any kind, including (without limitation) compensatory, direct,
Indirect or consequential damages, loss of data, income or profit, loss of or damage
to property and claims of third parties.
You (and not W S Hobby, Toys & Collectibles or the providers) assume the entire
cost of all necessary servicing, repair or correction to any
computer or other equipment arising from, connected with, or
relating to your use of the web site.
The operation of the web site may be affected by numerous
factors beyond W S Hobby, Toys & Collectibles control. The operation of the
web site may not be continuous or uninterrupted or secure.
security and privacy risks cannot be eliminated.
W S Hobby, Toys & Collectibles is under no obligation to verify the identity of
users of the web site.
Through your use of the web site, you may have the
opportunity to engage in commercial transactions with other
persons. All such transactions are at your own risk.
W S Hobby, Toys & Collectibles is not a party to any such transactions and
disclaims any and all liability regarding all such
transactions.
Without limiting the generality of the foregoing, W S Hobby, Toys & Collectibles
and its providers make no representation, warranty or
condition that:
The web site will be compatible with your computer and
related equipment and software;
The web site will be available or will function without
interruption or will be free of errors or that any errors
will be corrected;
The information available on or through the web site will
be accurate, complete, sequential, or timely;
Certain or any results may be obtained through the use
of the web site;
The use of the web site, including the browsing and
downloading of any information, will be free of viruses,
trojan horses, worms or other destructive or disruptive
components; or
The use of the web site will not infringe the rights
(including intellectual property rights) of any person.
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