Last revised: 09-24-2019
This document sets out the terms and conditions of use of the websites operated by Red Barrels Inc. (“Red Barrels”) (collectively and individually the “Website”).
Any user of the Website is deemed to have read, accepted and recognized the validity of the terms set out below, and undertakes to respect them and be bound by them. If a user of the Website does not accept these terms and conditions, they must stop using the Website. Red Barrels may, at any moment and without prior notice, modify these terms and conditions. The users of the Website are asked to check regularly if the terms and conditions have been modified. The users are deemed to have accepted any modifications to the terms and conditions if they continue to use the Website following the publication of the modifications.
These terms and conditions form the full set of rights and obligations between Red Barrels and any user of the Website, and replace any terms or prior provision relating to the use of the Website. No verbal or written declaration from an employee or director of Red Barrels, or any other person, may modify or substitute these terms and conditions.
The Website is managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. These terms and conditions, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws. In the case that any part of these terms and conditions were held to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these terms and conditions and would thus not affect the validity or enforceability of these other provisions, which would be interpreted without making reference to the removed section. Any litigation resulting from or associated to the use of the Website or to these terms and conditions shall be subjected to the exclusive jurisdiction of the courts of the province of Quebec or a federal Canadian court, in the judicial district of Montreal, despite any potential application of the principle of conflicting laws.
Some jurisdictions do not allow terms and conditions to be governed by the laws of a foreign jurisdiction. Accordingly, applicable laws of Quebec may not apply to you.
The Website is accessible through the use of the Internet and in standard Internet formats. Red Barrels reserves the right to modify these formats at all times and it is the obligation of the user to procure, at their cost, access to the Internet as well as any software required to access the Website.
Copyright
All articles, texts, illustration, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, particularly regarding copyright, and belong to Red Barrels, to its affiliated entities, to its licensors or to the person recognized as having provided the content.
You undertake to respect all other copyright statements, notices or restrictions regarding or in the Content that you can access through the Website. Red Barrels grants you a non-exclusive and non-transferable licence for use and display of the Website on your computer, or other electronic device, solely for the purposes of viewing it on a single screen and for copying a single copy of it for backup or printing on paper, for personal and non-commercial use, under the condition that you do not modify the content and that you retain any notices of copyright. Modification, reproduction, distribution, transmission, broadcast, representation, sharing on networks, marketing, publication, granting of licence, downloading, creation of derived works, display on the Internet, sale or any use of the Website or the Content, including, through storing on a proxy server, framing or similar means, are prohibited.
All software integrated into the Website or found there, particularly but not limited to, any type of source code, and all files or images contained or generated by this software, are protected by copyright and may be protected by other rights. All such software belongs to Red Barrels, to its affiliated entities or to its licensors.
Unless clearly provided otherwise on the Website, no element in the Website shall be interpreted as conferring on you a right, a title, an interest or any other licence in the software integrated within the Website or that can be downloaded from the Website, including, specifically, any form of intellectual property right in the software.
Notice Of Claimed Infringement
If you believe your work or content has been copied and posted to this Website in a way that constitutes copyright infringement, please provide Red Barrels with the following written information in accordance with the Canadian Copyright Act:
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Website;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
A statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Trademarks
OUTLAST and RED BARRELS are Red Barrels trademarks. Other names, words, titles, phrases, logos, drawings, graphics, icons and marks displayed on the Website may be Red Barrels or third-party trademarks. No item on the Website may be interpreted in such a way as to grant anyone a licence or right to use any Red Barrels or third party logo, drawing or mark.
Required Age
You acknowledge and agree that you are of legal age in the jurisdiction from which you are accessing the Website. If you are under the legal age, you are not permitted to access or use the Website, including accessing advertising or marketing information on the Website. No one under the legal age may access the Website.
If you are of legal age, you acknowledge and agree that you will not forward this Website or share Content with underage persons.
You must be of legal age to purchase any Red Barrels products or to participate in any promotions and offers on the Website.
Notwithstanding the foregoing, if you are located in Canada, the United States or Mexico, you are permitted to access and use the Website if you are 17 of age or older.
Submission of Materials
Unless specific regulations or written procedures by Red Barrels exist in that regard, outlining other terms and conditions, when you submit messages, data, texts, photographs, images, receipts and other materials to Red Barrels, you grant Red Barrels a world, unlimited, irrevocable, non-exclusive, perpetual, fully paid-up licence for: i) use, reproduction, storage, adaptation, translation, modification, creation of derivative work, transmission, distribution or provision for public access to what you submitted for any purpose; and ii) granting sub-licences to third parties for the exercise of any of the aforementioned rights.
In addition to the abovementioned licence, under these terms and conditions, you: i) waive all moral rights regarding your content, ii) consent that your name, address and email address appear regarding your content, where applicable, as well as the sharing or display of this information, iii) acknowledge and agree that Red Barrels shall not be held responsible for any loss, damage or corruption to your content; and, iv) undertake and agree that the items that you supply for display on the Website or that you provide to Red Barrels shall be considered as non-confidential.
You represent and warrant to Red Barrels that i) your content is original; ii) your content does not infringe any intellectual property rights, including without limitation copyright; iii) you are the sole owner of all intellectual property rights, including copyright without limitation, on and to your content or, where applicable, you have obtained written permission from the owner to provide your content; iv) your content does not infringe the privacy or image rights of a third party; v) your content is truthful, accurate, up to date and complete, to your knowledge; and vi) your content is not illegal in any other way.
Red Barrels has no obligation to verify content present on its Website or that is transmitted to it. The user recognizes, nevertheless, that Red Barrels may at any point verify this content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Website or for any other reason, at its discretion. Red Barrels reserves the right to modify, refuse or delete any content present on its Website or that is transmitted to it if Red Barrels considers, at its sole discretion, that this content contravenes these terms and conditions.
Integrity and Accuracy of the Information
Red Barrels shall endeavour to ensure that the information and Content available on the Website are complete, accurate and up to date. This information and Content comes from sources that Red Barrels considers to be reliable, and are regularly updated. However, they may contain inaccuracies, omissions, spelling mistakes or other errors. These errors may relate to the prices, descriptions or availability of products. All images, text, and prices indicated on the Website are based on the most recent information at the time of being placed on the Website. Although Red Barrels tries to ensure the product colours presented online are as accurate as possible, Red Barrels cannot guarantee that the colour will be exactly that of the product.
As a consequence, the Website and all of its Content are made available for users “as is”, without any warranty of any nature whatsoever, express or implied. Without limiting the foregoing, Red Barrels makes no warranty regarding the availability or stability of the Website Content, the possibility to access it, the absence of any virus, or the precision, reliability, accuracy, integrity, exhaustive nature, performance or fitness for a particular purpose of the information provided, including that which relates to partners of Red Barrels, to the legislation or regulation or availability of the services described. The user must take note that the Website is regularly subject to technical maintenance, which may limit or impede access for a temporary or prolonged period.
The Website is accessible by way of the Internet and in standard Internet format. Red Barrels reserves the right to modify these formats at any time and it is incumbent upon the user to obtain Internet access at his or her own cost, as well as any programs required to access the Website. Red Barrels reserves the right to correct any error or change to the Content without prior notice. Red Barrels has full discretion, above and beyond all other rights and recourses at its disposal, without liability, to, in any way, at any time and without prior notice, interrupt or restrict access to any element of its Website.
Red Barrels reserves the right to change the displayed prices at any time and without prior notice. Taxes and delivery fees are not included in the displayed prices. All prices displayed are in US dollars. Despite Red Barrels’ efforts to be as precise as possible, the price of a product appearing on the Web site may be inaccurate. If the product price advertised on the Web site is determined to be inaccurate, Red Barrels reserves the right to either change the price or cancel a purchase made on its Website or otherwise, at its own discretion.
Non-liability
Red Barrels is providing this Website and its contents on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of this Website, the information, content, materials or products, included on this Website. To the fullest extent permitted by law, Red Barrels disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Red Barrels does not represent or warrant that the information accessible via this Website is accurate, complete or current. Price and availability information is subject to change without notice. Red Barrels will not be liable for any damages of any kind arising out of or in connection with the use of this Website. Red Barrels, their affiliated entities, and partners or licensors are in no way liable for direct or indirect damages, including but not limited to, a loss of revenue, customers or data, due to the use or incapacity to use or have access to the Website or the content and items these may allow access to. This limitation applies whether based on contractual or extra-contractual rights, even if Red Barrels has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for some damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
Upon Red Barrels’ request, you undertake to indemnify and keep harmless Red Barrels, its affiliates, partners, subsidiaries or licensors as well as their employees, contractors, agents and directors, against any liabilities, claims and costs (including legal fees and costs) resulting from your use or errors in the use of the Website. To the fullest extent possible, you accept to cooperate with Red Barrels for its defence in the context of any situation in which you should provide an indemnity.
Hyperlinks to Third-Party Sites
The Website may contain hyperlinks to third-party websites (“Third-party Sites”) that will navigate you away from the Website. Red Barrels supplies these hyperlinks for your convenience. The Third-party Sites are not controlled by Red Barrels and the hyperlinks cannot be interpreted as an approval or endorsement of their content by Red Barrels. Red Barrels is not responsible for the content of Third-party Sites, for links they contain, or for changes made or updates to these sites and Red Barrels makes no warranty in that regard.
Hyperlinks to the Website
Red Barrels accepts hyperlinks to the Website. However, it does not want to be linked with any third-party website: i) that contains content constituting or encouraging a criminal or penal offence, would affect civil liability or would in any other way constitute an infringement of any municipal, provincial, national or international legislation or regulation, that could affect or harm the activities, credibility or integrity of Red Barrels or that contains, displays or transmits any material or information that extends beyond the moral or legal standards of Canadian society; or ii) that contains, displays or transmits any information, software or other material that breaches or infringes the rights of others, including material that impede privacy rights or privacy protection rights, or that is protected by copyright, trademark or another property right. Red Barrels reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any moment. You agree to remove any hyperlink that you may have to the Website upon the request of Red Barrels.
Accounts
To register and create an account, you must complete the registration form. You will be provided at that moment with a user ID and a password. It is easy to change your account information at any time.
In connection with your account (collectively referred to herein as an “Account”), you must adhere to the following:
(a) Responsibility. You are solely responsible for
(i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and
(ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.
(b) Notification. You agree to immediately notify Red Barrels of
(i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account; or
(ii) any other breach of security with respect to your Account or any service provided through it; and
you agree to provide assistance to Red Barrels, as requested, to stop or remedy any breach of security related to your Account. In no event will Red Barrels have any liability for any loss or damages that may occur due to the unauthorized or authorized use of your Account or password, with or without your knowledge;
(c) Accuracy. You agree to provide true, current, accurate and complete information as requested by Red Barrels or its agents from time to time and you agree to promptly notify Red Barrels of any changes to this information as required to keep such information held by Red Barrels current, complete and accurate. You agree to not use any other person’s Account at any time, unless you have received direct written consent from the other Account holder. You agree to not share your user ID and password with anyone.
Acceptable Use and Prohibitions
You will ensure that:
(i) you only use the Website for lawful purposes, and
(ii) if at any time you become aware of any violation, by any person or entity, you will immediately notify Red Barrels and provide Red Barrels with assistance, as requested, to stop or remedy such violation.
Without limiting the generality of any other restriction in these terms and conditions, you agree that you will not, in connection with the Website, directly or directly, or permit anyone to post, upload, reproduce, distribute or otherwise transmit any content that:
(i) constitutes unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using email services, including instant messaging, blog or comments) or is otherwise duplicative or unsolicited;
(iii) contains a virus, cancelbots, corrupted files, Trojan horse, worm or other harmful, disruptive, malicious or surreptitious software or program that may damage the operation of another computer or property of another; or
(iii) is defamatory, infringing, or unlawful.
Termination
Red Barrels reserves the right, at its sole discretion, to terminate your access to all or part of the Website, with or without prior notice, specifically in the case of a breach of these terms and conditions.
Confidentiality
Red Barrels’ Privacy Policy, the content of which is available on the Website, is considered to be an integral part of these terms and conditions.
© 2019 Red Barrels Inc. All rights reserved.
Last revised: 09-24-2019
Red Barrels Inc. (the “Company”) respects an individual’s privacy and will only collect, use or disclose your personally identifiable information (personal information) in accordance with its Privacy Policy. We recognize every individual’s right to privacy and acknowledge our obligation to preserve the confidentiality of personal information. The Company takes steps to protect and maintain the confidentiality of personal information of those persons with whom it deals, including users of its products and services, and prior and prospective customers (collectively “Users” and individually a “User”, as appropriate), and the Company is responsible for the personal information it has in its possession or under its control.
This Privacy Policy (the “Policy”) explains how the Company collects, uses, discloses, retains and protects the personal information of its Users within the framework of its activities, in particular in connection with the use by Users of the products, services and websites of the Company (the “Services”).
By supplying their personal information to the Company, Users agree to this Policy. The Company reserves the right to update its Privacy Policy at any time and such modifications shall be effective immediately, unless otherwise stated. Users are asked to regularly check to see whether this Policy has been modified. Users are deemed to have accepted any modifications to this Policy if they continue to provide personal information to the Company after publication of such modifications.
Types of information collected and manner in which the information is collected
For the purposes of this Policy, “Personal Information” is any information relating to the identity of any individual, such as name, birth date, address and other information pertaining to such individual’s identity, as well as financial information and its communications with the Company, which may be presented in any form.
The type of Personal Information collected by the Company depends on a number of factors and context. The Company collects only the Personal Information it deems necessary for conducting its business and to achieve specific purposes.
The Company collects Personal Information about Users from a number of sources, but most of the information comes directly from Users, through their use of the Services.
Consent
The Company collects Users’ Personal Information for the purposes outlined below.
In addition to the purposes set out this Privacy Policy, the Company will identify the purposes for which Personal Information is collected at or before the time it is collected. If the Company seeks to use Personal Information that has been collected for a purpose not previously identified, it will seek your consent prior to use, unless it is otherwise required by law.
Subject to legal or contractual requirements, Users may at any time withdraw their consent to the collection, use or disclosure of their Personal Information by writing to the Privacy Officer of the Company at the coordinates below, giving reasonable notice. However, the withdrawal of such consent could limit the capacity of the Company to offer certain specific Services to the User, prevent the Company from providing same or even force the Company to cease from providing same. Moreover, even in case of withdrawal of consent, the Company may nevertheless by law have the right or obligation to retain, use or disclose Personal Information about a User.
Purposes for collecting and using Personal Information
The Company may collect and use Personal Information for the following purposes:
Provide customized Services or information requested by Users;
Communicate with Users as part of the activities of the Company, for internal quality assurance purposes or to manage the quality of the information provided;
Detect and prevent fraud;
For statistical and accounting purposes;
Inform Users of news, updates, information and special offers concerning the Services of the Company, in accordance with applicable anti-spam legislation;
If the Company has reasonable grounds to believe that it might be useful as part of the investigation of a violation of provincial, federal or foreign law or to ensure the protection or defence of a legal interest;
Administer the User’s account on any of our Services, including rewards programs, sweepstakes, and contests for which the User enters, including notifying of the results.
As required or permitted by law.
Retention of Personal Information
The Company retains the Personal Information it collects only as long as it is necessary to conduct its activities and accomplish specific goals while it is reasonable to do so for customer service, legal or commercial purposes. The length of retention period depends on the Service and the nature of this information. When the retention period expires, the information is destroyed, deleted or made anonymous.
Disclosure of Personal Information
The Company agrees not to publish, sell, rent or share the Personal Information of the Users with anyone except to the extent allowed in this Policy.
The Company will disclose Personal Information about Users to third parties only in the following situations:
The User has expressly authorized the Company to disclose the information provided for a specific purpose;
The third parties involved are acting on behalf of the Company as agents or suppliers, and the information will be disclosed to them only in order to assist the Company in providing the Services, it being understood that these third parties shall respect strict contractual conditions that oblige them to maintain the confidentiality of all information and use it only for purposes related to the supply of the Services by the Company;
If a person is acting as a representative of the User or if the Company reasonably believes that the person is acting pursuant to an appropriate authorization (for example as tutor, holder of parental authority, etc.), or is a person who owns a Service jointly with the User;
In accordance with the conditions applicable to a Service of the Company, to facilitate the sale of the Service, in particular to satisfy legal requirements;
If the Company is required to provide Personal Information in response to a legitimate court order or subpoena to submit documents or investigation by authorities or is otherwise required by law;
The Company reserves the right to report to law enforcement authorities any activity that the Company thinks in good faith to be illegal;
The Company may disclose certain Personal Information when it considers such disclosure reasonably necessary to protect the rights, property and safety of third parties as well as those of the Company or to ensure Users’ compliance with its obligations in regards to the Company;
Should the Company sell its business or assets, in whole or in part, or is involved in a merger, as required by such a transaction.
Protection and accuracy of the Personal Information
The Company takes seriously the management of the Personal Information of Users.
Only authorized Company personnel have access to the Personal Information of Users. These employees have been informed by the Company of their obligation to preserve the confidentiality of this Personal Information. The Company employees who have access to Personal Information may use it only in accordance with the principles set out in this Policy and applicable legislation and regulation.
The security and protection of Personal Information is important to the Company. The Company applies reasonable technical, contractual, administrative and tangible measures to protect the Personal Information of Users against its unauthorized use or disclosure as well as its loss or theft, including encryption of secured transactions when required. Although it is impossible to guarantee 100% protection, the Company has adopted rigorous methods that comply with strict security standards to ensure protection of Personal Information.
We also limit access to your Personal Information to those employees, contractors and agents who have a business need to know.
Depending on the nature of Personal Information, it may be stored in the offices of the Company or in various computer systems of the Company or its service suppliers or in storage installations of the Company or its service suppliers.
The Company will ensure that the Personal Information about Users is as accurate, complete and up-to-date as possible for the purposes for which it is used. It is however the responsibility of the User to update Personal Information, such as addresses, with the Company.
Access to Personal Information and modification of Personal Information
Users may access their own Personal Information in order to consult, update or correct such, by contacting the Company’s Privacy Officer in writing by email or regular mail at the coordinates provided below.
Any such request must contain sufficient details for the Company to be able to process it. The Company agrees to respond to any such request within a reasonable period of time, and to the extent possible, within a maximum of thirty (30) days. The Company must however first verify the identity of the person making such a request.
The Company may refuse in writing access to or modification of Personal Information of a User for serious reasons, such as the exorbitant cost of supplying the information, the fact that the Personal Information contains information about other persons, the existence of legal, security or proprietary commercial reasons and the fact that the information is protected by professional secrecy, attorney-client privilege, or involved in a legal proceeding.
The Company may charge fees for the transcription, copying or transmission of Personal Information of a User and will so advise the User in advance.
Information on Payments
The Company does not collect any information relating to payment cards. Payments made via the Services are processed directly by the Company’s service provider, which has sole access to payment card information.
Your on-line transactions are secured in accordance with the transmission standards used by the Company’s service provider, so that your transactions are routed and processed securely.
Collection of additional Personal Information through the Services
As part of the use of the Services online, the Company may collect additional Personal Information (“Online Information”) about the use of the Services, and this Policy applies to this Online Information with the appropriate adjustments. General information, such as demographic statistics about Users, the number of Users and the average time of use of the Services, is likewise considered Online Information.
The Company collects or obtains Online Information as part of the operation of the Services. For example, when a User decides to use the Services, the Company may automatically collect information obtained by way of analytical tools or digital markers. These analytical tools collect only a limited dataset, in particular the time and date when a Service was used and the IP address. A Service may also contain analytical tools placed by advertising partners or service providers in order to allow the Company to evaluate the effectiveness of the Services, including Google Analytics, Google Marketing Platform and Google Ad Manager.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses Online Information collected to track the use of the Services and to personalize ads. You can opt-out of having your Online Information being used by Google Analytics for example by installing the Google Analytics opt-out browser add-on available at: https://tools.google.com/dlpage/gaoptout. More information on the privacy practices of Google is available at: https://policies.google.com/technologies/partner-sites
More information on how Google Marketing Platform advertising products and Google Ad Manager use cookies is available at: https://support.google.com/admanager/answer/2839090?hl=en
In addition to what is already provided in this Policy in regards to Personal Information, the Company uses Online Information to track the use of the Services and improve their use, customize the experience of the Users, in particular by proposing customized advertisements and offers, make statistical analyses of all the characteristics and behaviours of Users, measure the demographic variables and interests of Users with respect to specific Services, describe its Services to third parties and potential commercial partners and determine how and where Company resources can be allocated more effectively. No Personal Information is disclosed as part of such activities.
This Online Information is necessary for the Company to be able to collect the data required to record the number of Users, the functionalities or aspects of the Services most used, the technology used by the Users of the Services, the referral websites and the location of the Users.
Cookies
The Company may also use cookies. Cookies are fragments of information sent to Users computer when a website is viewed. These are traces of the Users’ visit that are recorded either temporarily or permanently on their hard drive and may include the date and time of the last visit, among other things. Cookies contribute to improving Users’ online experience by recording browsing preferences on a particular website.
Cookies left on Users’ hard drive are harmless and may be read or deleted at any time. Users therefore have complete control over them. The information allows the Company to determine the total number of visitors to each web page and the time spent on it. Every time Users go to a website, a cookie is created and left on their computer, therefore allowing the Company to “recognize” them.
Many major websites use cookies, and most browsers are configured to allow cookies. The Users may choose to change their browser settings so that a message is automatically sent to ask whether to accept or refuse cookies. While Users are not required to accept cookies, they should be aware that certain website functionalities may not work properly if cookies are refused.
The Services may use retargeting services (for example Google Analytics) to identify Users who have used the Services and reach them with online advertising once they have stopped using the Services, in order to transmit advertisements associated with prior use of the Services, without however disclosing any Personal Information in doing so.
Cross-Border Transfer
The Company processes and stores Personal Information using our server(s) based in Canada.
If you are located outside of Canada, your Personal Information and other information that we collect may be transferred to Canada, for the purposes described above. By accepting this Policy, using our Services or providing us with any Personal Information, you agree to the transfer of information to Canada.
Hyperlinks to third party websites and third-party social media
The Services may contain hyperlinks to websites of third parties (“Third Party Websites”) that can cause leaving the website currently browsed by the User. The Company provides these hyperlinks for convenience. The Third Party Websites are not under the control of the Company, which therefore has no control over the privacy and confidentiality practices of such Third Party Websites. Accordingly, any Personal Information that is transmitted by use of Third Party Websites is subject to the privacy policy of the relevant Third Party Websites. It is the responsibility of the Users to consult these policies in order to ensure that their Personal Information is being protected.
The Company uses social media (for example, Facebook and Twitter) in addition to the operation of the Services. Social media accounts are public and are not hosted by the Company. Users who decide to interact with the Company through social media must therefore read the terms of service and privacy policies of these third-party suppliers of services and the applications used to have access to them.
The Personal Information that is provided to the Company by way of social media accounts is collected in order to record exchanges (for example, questions and answers, comments, “likes”, shared tweets) between a User and the Company. It may be used to answer requests, make statistical evaluations and to prepare reports and for all other purposes indicated in this Policy.
Required Age
Access to all Services is intended only for persons of legal age (the age of majority) based on the jurisdiction where such Service is being accessed or viewed. You will be required to verify your date of birth prior to entering or interacting with the Services. Age verification prompts may also be located within the Services.
Notwithstanding the foregoing, if you are located in Canada, the United States or Mexico, you are permitted to access and use the Services if you are 17 of age or older.
The Company does not knowingly collect information from those under the legal age and requests that such individuals do not provide any information to the Company or access the Services. If you are under the legal age in your jurisdiction and have entered the Services by providing a false date of birth, you must immediately stop accessing the Services. If you believe someone under the legal age has provided the Company with information by obtaining access in violation of the applicable Services’ access restrictions, please contact the Company immediately and this information will be removed.
Questions, comments, suggestions or complaints
For any questions, comments or suggestions regarding this Policy or the Personal Information protection practices of the Company not discussed in this Policy, you can write to the Company’s Privacy Officer by email or regular mail at the coordinates below. You can submit complaints to the Company’s Privacy Officer if you think that the Company is not meeting its obligations with respect to the protection of Personal Information. The Company will investigate such complaints and if they are justified, will take appropriate measures to correct the situation. If you are not satisfied with this internal review of your complaint, you can contact the Commission d’accès à l’information du Québec or the Office of the Privacy Commissioner of Canada.
European Union (EU) Notice
If you are located in a country in the European Union (the “EU”) or utilize our Services which are offered to EU residents, and if we collect, track, use or process in some other way your Personal Information collected from you or through your use of our Services, or we transfer that Personal Information, we will do so in accordance with this Policy, the applicable Terms and Conditions, and in compliance with applicable requirements of the General Data Protection Regulation (EU 2016/679) (GDPR).
Transfers of Personal Information
The Company is a data controller and responsible for your Personal Information, which Company processes and stores in Canada. The European Commission has decided that Canada ensures an adequate level of protection of individuals’ personal information. The Company may use the following safeguards when transferring your Personal Information to a country, other than Canada, that is not within the EU:
Only transfer your Personal Information to countries that have been deemed by the European Commission to provide an adequate level of protection for Personal Information;
Where we use certain service providers, we may use specific contracts which give Personal Information the same protection it has in the EU.
Opt-in
If you are an EU resident, we may only collect your data using cookies and similar devices, and then track and use your Personal Information where you have first consented to such. We will not automatically collect Personal Information from you as described above unless you have consented to us doing so. If you consent to our use of cookies and similar devices, you may at a later date disable them.
Your Legal Rights
Under certain circumstances, you may have rights under the data protection laws in relation to your Personal Information, including the right to:
Request access to your Personal Information.
Request correction of your Personal Information.
Request erasure of your Personal Information.
Object to processing of your Personal Information.
Request restriction of processing your Personal Information.
Request transfer of your Personal Information.
Right to withdraw (revoke) consent.
If you wish to exercise any of these rights, please contact our Privacy Officer at the coordinates below.
How to contact the Privacy Officer
Company is responsible for Personal Information under its control and has designated a Privacy Officer who is accountable for this Policy and applicable Canadian and other privacy and data protection laws. Should you have any questions about your Personal Information or Company’s privacy practices, please contact our Privacy Officer at the information below.
Users may contact us with requests that we delete their Personal Information from our systems, or to request access or correction to their Personal Information. We will attempt to accommodate such requests to the extent possible. If all such information is deleted from our systems, your account may become deactivated. In any event, we may retain an archived copy of your records as required by law or for legitimate business purposes.
The Privacy Officer may be contacted at:
Red Barrels Inc.
Attn: Privacy Officer
300-329, rue de La Commune Ouest
Montréal, Québec H2Y 2E1
Canada
Last revised: 09-24-2019
This document sets out the terms and conditions of sale of products by Red Barrels Inc. (“Red Barrels”).
All orders and sales are subject to Red Barrels’ Privacy Policy and Terms and Conditions for the Red Barrels Websites, including without limitation age requirements.
Placing an Order
To place an order, you must select the products you wish to purchase, click ‘Buy now', ‘Add to cart’ and ‘Checkout’. You will be required to either create an account or login to your existing account before purchasing. Once logged in, you may then select your delivery method, and enter payment details to complete the order. Clicking ‘Continue’ on the ‘Payment method’ page will complete your order. If you wish to order more than one product then simply click ‘Continue Shopping’ and add any more products you want to your shopping cart.
Product Availability
A product may be unavailable as these are limited quantity designs and may not come back in stock. Please contact us for more information.
Order Processing
Once your order is submitted, you will receive an email confirmation that your order was received and is currently being processed. Please keep a copy of this page for your records, as it contains your order number. If an order confirmation does not arrive within 24 hours of submission, please contact us. Once your order has been processed and is sent out for shipment, you will receive a separate shipping confirmation email along with your order tracking number. To get an updated order status, please contact us. The estimated shipping date is only an estimate and we are not be responsible for non-observance of such delay.
Order Fulfillment
On average, it will take 1 to 3 business days (from the day of purchase) for all orders with confirmed payments to be processed. We operate out of Canada and all orders are processed from Canada.
Please note that changing your shipping address after your order has been confirmed (but before actual shipping) may result in an increase in your order’s processing time. Please ensure that your billing and shipping addresses are correct to avoid delays in the processing, shipping, and delivery of the products.
Order Cancellation
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Undelivered Products
If your order does not arrive within 14 days (orders in Canada) and 60 days (international orders), please let us know so we can look into the issue and work quickly to get it fixed.
Payment Methods And Terms
Red Barrels only accepts payments by PayPal.
Information on Payments
Red Barrels does not collect any information relating to payment cards. Payments made are processed directly by Red Barrels’ service provider, which has sole access to payment card information.
Your on-line transactions are secured in accordance with the transmission standards used by Red Barrels’s service provider, so that your transactions are routed and processed securely.
Prices
The prices are in US currency, before tax and shipping charges. All orders are payable in US dollars. The price is payable in whole and in one instalment at the time of the order.
Shipping Charges
Shipping charges are for preparation and packaging, along with postage. They are determined based on the shipping address, the number of products ordered and the total amount of the order, before tax. Shipping charges are displayed on Red Barrels’ website.
Sales Tax and Goods and Services Tax
Sales tax and goods and services tax will be charged on orders in accordance with requirements applicable in the province of Québec. For any delivery outside of the province of Québec, custom duties and local taxes are at recipient’s expense.
Changes to Prices
From time to time we change the prices of our products and any offers or discounts may be added or withdrawn. This will not affect the status of confirmed orders and in this case you will pay the price contained in your order confirmation.
International Shipping
Orders being delivered to Russia are restricted to comic books only. We may also refuse to sell products outside Canada.
Exchanges and Refunds
Red Barrels does not allow exchanges and refunds except for faulty and damaged products, or if we made a mistake while placing your order (incorrect size or item selected, etc.). In such cases, save the box and merchandise and notify us immediately. Please include your order number for faster service. You have 30 days from the date of delivery to return all or part of your order.
We will refund the initial shipping and handling fees charged when your order was first placed. However, we regret that we cannot reimburse shipping fees incurred when returning your order, unless provided otherwise in the applicable law.
Please allow four weeks for reimbursement from the date we receive your package. Please send such product in their original packaging with shipping invoice, order number and reason for return to address below.
We cannot be held responsible for lost, damaged, or stolen packages.
Warranties and Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, OR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING CONTAINS THE SOLE WARRANTY THAT WE OFFER. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY OR FITNESS IN A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, IF ANY, ARE LIMITED IN DURATION TO THE TERM OF THIS WARRANTY. IN NO EVENT SHALL WE BE LIABLE FOR INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOST BUSINESS OR LOSS OF PROFITS ARISING OUT OF THE SALE OR USE OF ANY PRODUCT, EVEN IF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law
To the fullest extent permitted by applicable law, these Terms and Conditions of Sale are governed by the laws in force in the Province of Québec, and any disputes will be brought before the competent Québec courts in the District of Montréal (Québec), Canada. Some jurisdictions do not allow terms and conditions to be governed by the laws of a foreign jurisdiction. Accordingly, applicable laws of the Province of Québec may not apply to you. In all cases, the application of the United Nations Convention on Contracts for the International Sale of Goods, also known as the Vienna Convention, and any local implementing legislation related to the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
Questions
For any questions or complaints regarding an order, you can contact us at the coordinates below.
Our order fulfillment and customer support team are available Monday to Friday from 9 AM to 5 PM (ET).
Red Barrels Inc.
300-329, rue de La Commune Ouest
Montréal, Québec H2Y 2E1
Canada