Terms & conditions

Terms and Conditions

Welcome to www.Lammles.com (the "Web Site"), a website owned and operated by Lammle’s Western Wear Ltd. ("Lammle’s").  The Site or any product or service offered on the Web Site (collectively the "Services") are provided by Lammle’s, conditional on your acceptance of the terms and conditions of use set out below (the "Terms and Conditions"). 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Web Site, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Lammle’s make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Product shown on models in the lifestyle images presented on Lammles.com may not be available. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any CD’s, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Lammle’s does not sell products for purchase by children. We may, however, sell children's products for purchase by adults. Lammle’s is not intended or directed to individuals under the age of 18. By using our services, you represent and warrant that you are of legal age to form a binding contract, if representing a corporate or other entity, that you have authority to contract on behalf of that entity, and that all registration information you submit is accurate and truthful. Lammle’s may, in its sole discretion, refuse to offer the services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the services is revoked in such jurisdictions.

Accuracy of Information

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of this Web Site

The design of this Web Site and all content included on the Web Site (including, without limitation, the design, text, software, graphics, trade-marks, service marks, logos, slogans and internet domain names as well as any audio or video), and any selection or arrangement thereof (the "Content"), is the exclusive property of Lammle’s or its licensors and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws.  All such rights therein are expressly reserved by Lammle’s. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names, service marks and logos of Lammle’s or its affiliates. Other trademarks, trade names, service marks and logos used or displayed on this Web Site are the registered and unregistered trademarks, trade names, service marks and logos of their respective owners, including Lammle’s Western Wear & Tack and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Lammle’s or such other owner.

 

Linking to this Web Site:

 

Creating or maintaining any link from another website to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

Third Party Links

From time to time, this Web Site may contain links to websites that are not owned, operated or controlled by Lammle’s or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other website. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Web Site, you do so entirely at your own risk.

User Conduct

In consideration of the availability and your use of the Web Site, you agree to comply with these Terms and Conditions and all applicable laws when using the Web Site.  You acknowledge that Lammle’s may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.  Additionally, you agree not to:

(a)          post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Web Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Web Site or the internet;

(b)          post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information;

(c)           post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus or other harmful or disruptive component;

(d)          interfere with the security of, or otherwise abuse, the Web Site, system resources, accounts, servers or networks connected to or accessible through the Web Site;

(e)          sell, license, rent, reproduce, modify or attempt to modify the Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose;

(f)           use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Web Site or the Content in whole or in part;

(g)          use or attempt to use another's account, password, or other information without the prior written authorization of Lammle’s, or create or use a false identity on the Web Site;

(h)          access the Web Site for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose; or

(i)            attempt to obtain unauthorized access to the Web Site or portions of the Web Site which are restricted from general access.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

User Information.

Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Submission of Ideas and Suggestions

Lammle’s is always modifying the Web Site and developing new features. If you have ideas or suggestions regarding improvements or additions, Lammle’s would like to hear them, provided any submission will be subject to these Terms and Conditions. Under no circumstance shall any disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion you are waiving any and all rights that you may have in the idea or suggestion and are representing and warranting to Lammle’s that the idea or suggestion is wholly original to you, that no one else has any rights in the idea or suggestion and that Lammle’s is free to implement the idea or suggestion if it so desires, as provided or as modified by Lammle’s, without obtaining permission or license from any third party.

Account Name and Password:

You are required to have an account name and password for certain activities on this Web Site. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use this Web Site. We may at any time require proof of the identity of any person seeking to access and use this Web Site, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. Lammle’s assumes no responsibility, or will not be liable, for any damages arising from or related to your failure to keep your password secure.

Electronic Communications

When you visit this Web Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Web Site. 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.

Contests

All contests are governed by these Terms and Conditions, the applicable Contest Rules as well as applicable legislation. By participating in a contest through the Web Site, you signify your agreement and acceptance of these Terms and Conditions, the applicable Contest Rules as well as applicable legislation.

Disclaimers

Your use of this web site is at your risk. The information, materials and services provided on or through this web site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Lammle’s, nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this Web Site. The information, materials and services provided on or through this web site may be out of date, and neither Lammle’s nor its affiliates make any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local legislation for any such prohibitions.

All products and services purchased on or through this web site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable legislation, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by legislation. Please refer to your local laws for any such prohibitions.

Limitations of Liability

Lammle’s assumes no responsibility, nor will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this web site, or your downloading of any information or materials from this Web Site. In no event will Lammle’s, or its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Web Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Web Site, any web sites linked to this Web Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with this Web Site or any content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. THE TOTAL LIABILITY OF LAMMLE’S TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR THE PRODUCTS OR SERVICES WHICH GIVE RISE TO THE LIABILITY.

Indemnity

You agree to indemnify, defend and hold harmless Lammle’s and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from your use of or connection to the Web Site, any violation of the Terms and Conditions by you, or in connection with your use of the Content or the Web Site or any violation of applicable law or rights properly belonging to another party by you.

Revisions to these Terms and Conditions

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site. Your continued use of this Web Site following either form of notice will signify your acceptance of the revised terms of this Agreement.

Choice of Law; Jurisdiction

This Agreement, your use of this Web Site, and all related matters are governed solely by the laws of Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between us and you or any other person arising from, connected with or relating to this Web Site, this Agreement or any related matters must be resolved before the Courts of Province of Alberta sitting in the City of Calgary, Alberta, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

To the extent permitted by law, any claim or cause of action you may have arising from, connected with, or relating to your use of this Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta, Canada within two (2) years after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

Termination

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at Lammle’s Western Wear Ltd., 12012 - 44 Street SE, Calgary, Alberta, T2Z 4A2 or at 1-877-LAM-MLES (526-6537)