Terms of Service

TERMS OF SERVICE

OVERVIEW
This website is operated by Factory Recreation. Throughout the site, the terms “we”, “us”, and “our” refer to Factory Recreation. Factory Recreation offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Product warranties are listed within the individual product descriptions. If an item is defective, please contact us directly, provide photos, and we will initiate the warranty process with the original manufacturer.
If a product is listed as "in stock" but does not have a specific quantity, it means we can order the product from BRP, though stock availability is subject to BRP's inventory and discontinuations. If the product becomes unavailable, we will notify you. If the item has a specific quantity listed, we should have it in our store, but please note that inventory levels may not always be accurate.

SECTION 6 - SHIPPING & DELIVERY
Most orders over $100 are eligible for free shipping within Canada, except for rural areas and oversized items. For such items, we will contact you to arrange for additional shipping charges, which you will be required to pay. If you do not agree to the additional charge, the order will be canceled.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction.

SECTION 7 - REFUND & EXCHANGE POLICY
We offer refunds, store credit, and exchanges in accordance with our Return Policy.
If you wish to initiate a return, exchange, or warranty claim, please refer to our Return Policy for instructions.

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send comments, suggestions, or other materials to us (collectively, 'comments'), you agree that we may use these comments without restriction, edit, copy, publish, and distribute them.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our [Privacy Policy]. To view our Privacy Policy, click here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, and availability.
We reserve the right to correct any errors and update information at any time without prior notice, including after you have placed an order.

SECTION 12 - PAYMENT AUTHORIZATION
We do not capture payments until we fulfill an item. If a payment expires before we process it, we will contact you to reauthorize the payment. You will not be double-charged, as no funds are captured until we process the order. Once the order ships, or if we notice that a payment is about to expire, we will capture the payment.

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to violate any regulations, rules, or laws;
(c) to infringe upon our intellectual property rights;
(d) to upload viruses or malicious code;
(e) to collect or track personal information of others;
(f) to interfere with or circumvent security features of the site.
We reserve the right to terminate your use of the Service for violating any prohibited use.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the service will be uninterrupted, error-free, or secure.
We are not responsible for any damages arising from the use of the service, including direct, indirect, incidental, punitive, special, or consequential damages.

SECTION 15 - INDEMNIFICATION
You agree to indemnify and hold us harmless from any claims, including attorney fees, arising from your breach of these Terms of Service or violation of any law or third-party rights.

SECTION 16 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, it will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in effect.

SECTION 17 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. We may terminate this agreement if we suspect you have violated any term or provision, and you will remain liable for all amounts due up to the date of termination.

SECTION 18 - GOVERNING LAW
These Terms of Service shall be governed by the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms of Service at any time. You are responsible for checking our website periodically for updates. Your continued use of the site after any changes will constitute your acceptance of those changes.