Welcome to the GentleMafiaToy website, gentlemafiatoy.ca. GentleMafia Store Inc. (“GentleMafiaToy”) provides services (“GentleMafiaToy Services”) to you subject to the notices, terms, and conditions set forth in this agreement.
By using GentleMafiaToy Services, you agree to these conditions. Please read them carefully.
POLICIES
Please Review all of our Policies posted in the GentleMafiaToy Help Center (www.gentlefiatoy.ca/help). These Policies govern your use of GentleMafiaToy Services. We reserve the right to make changes to our site, policies, and these Terms 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.
PRIVACY
Please review our Privacy Notice, which also governs your use of GentleMafiaToy Services, to understand our practices. Our Privacy Policy is available at https://www.gentlemafia.ca.
ELECTRONIC COMMUNICATIONS
When you use any GentleMafia Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any GentleMafiaToy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of GentleMafiaToyor its content suppliers and protected by Canada and international copyright laws. The compilation of all content included in or made available through any GentleMafiaToy Service is the exclusive property of GentleMafiaToy and is protected by U.S. and international copyright laws.
TRADEMARKS
GentleMafiaToy are registered trademarks of GentleMafiaToy. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GentleMafiaToy Service are trademarks or trade dress of GentleMafiaToy in the U.S. and other countries. GentleMafiaToy’s trademarks and trade dress may not be used in connection with any product or service that is not GentleMafiaToys, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GentleMafiaToy. All other trademarks not owned by GentleMafiaToy that appear in any GentleMafiaToy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GentleMafiaToy.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use, GentleMafiaToy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of GentleMafiaToy Services. This license does not include any resale or commercial use of any GentleMafiaToy Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any GentleMafiaToy Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by GentleMafiaToy or its licensors, suppliers, publishers, rightsholders, or other content providers. No GentleMafiaToy Service, nor any part of any GentleMafiaToy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GentleMafiaToy. 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 GentleMafiaToy without express written consent. You may not use any meta tags or any other “hidden text” utilizing GentleMafiaToy’s name or trademarks without the express written consent of GentleMafiaToy. You may not misuse the GentleMafiaToy Services. You may use the GentleMafiaToy Services only as permitted by law. The licenses granted by GentleMafiaToy terminate if you do not comply with these Terms of Use.
YOUR ACCOUNT
If you use any GentleMafiaToy Service, 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. GentleMafiaToy does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use GentleMafiaToy Services only with involvement of a parent or guardian. GentleMafiaToy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the Canada. This Site may contain products or references to products that are not available outside of the Canada. Any such references do not imply that such products will be made available outside the Canada. If you access and use this Site outside the Canada you are responsible for complying with your local laws and regulations.
RISK OF LOSS
All items purchased from GentleMafia are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
GentleMafia does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, GentleMafia does not take title to the refunded item.
PRODUCT DESCRIPTIONS
GentleMafia attempts to be as accurate as possible. However, GentleMafia does not warrant that product descriptions or other content of any GentleMafia Service is accurate, complete, reliable, current, or error-free. If a product offered by GentleMafia is not as described, your sole remedy is to return it in unused condition.
PRODUCT PRICING
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, GentleMafia shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, your payment method will be refunded in the amount of the charge.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
GentleMafia SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GentleMafia SERVICES ARE PROVIDED BY GentleMafia ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GentleMafia MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GentleMafia SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GentleMafia SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GentleMafia SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GentleMafia DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GentleMafia DOES NOT WARRANT THAT GentleMafia SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GentleMafia SERVICES, GentleMafia’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GentleMafia ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GentleMafia WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GentleMafia SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GentleMafia SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
If a dispute should arise between you and GentleMafia, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by contacting our customer service by email at support@gentlemafiatoy.ca or by phone at 1-647-887-3688. If your dispute cannot be resolved using our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of Wisconsin, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (Streamlined Arbitration Rules & Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
We each 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any GentleMafia Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GentleMafia.
OUR ADDRESS
GentleMafia Store Inc(GentleMafia)
609-1 Falaise Road, Scarborough, ON, M1E 0B9
CANADA
https://gentlemafiatoy.ca
COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest
- 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 the site
- Your address, telephone number, and e-mail address
- 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
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please send your complaint to:
GentleMafia Store Inc(GentleMafiaToy)
609-1 Falaise Road, Scarborough, ON, M1E 0B9
CANADA
Email: support@gentlemafiatoy.ca
Please note that this procedure is exclusively for notifying GentleMafia that your copyrighted material has been infringed.