Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Chilly Moose Ltd (“Chilly Moose”) maintains this website (www.chillymoose.ca), which is used under license by 14095863 Canada Inc. Chilly Moose (chillymoose.ca) operates this Website under license by 14095863 Canada Inc. and all trademarks, logos, and copyrighted materials displayed on this Website are the property of their respective owners and are used under license or with permission.
This document governs your relationship with www.chillymoose.ca. Access to and use of this Website and the products, content, promotions, and services available through this Website, collectively the “Services”, are subject to the following terms, conditions, policies, and notices, collectively the “Terms of Service” or “Terms”. By accessing or using the Services, creating an account, placing an order, submitting information to us, or otherwise using this Website, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use this Website or purchase products through this Website.
1. Changes to These Terms
We may update, revise, or replace these Terms from time to time. The updated version will be posted on this Website with the effective date. Unless otherwise stated, changes will take effect when posted.
For material changes, we may provide additional notice where reasonable, such as by posting a notice on the Website or sending a notice to customers who have an account or active order with us. Your continued use of the Website after changes are posted means that you accept the updated Terms.
You should review these Terms regularly to understand the terms that apply when you use the Website or place an order.
2. Access to the Website
Access to this Website is permitted on a temporary basis. We reserve the right to withdraw, suspend, restrict, update, or amend the Website or any part of the Services at any time, without notice.
We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You are responsible for ensuring that all persons who access the Website through your internet connection, device, account, or credentials are aware of these Terms and comply with them.
3. Eligibility and Legal Capacity
In order to place an order through this Website, you must be at least 18 years of age and have the legal capacity to enter into a binding contract in your province or territory of residence. By placing an order, you confirm that you meet these requirements and that you are an authorized user of the payment method used for the purchase.
We reserve the right to refuse, cancel, or limit any order, account, registration, or access to the Services where we believe that the customer does not meet these requirements, has provided inaccurate information, has violated these Terms, or has engaged in improper, fraudulent, abusive, or unauthorized activity.
4. Sales Within Canada Only
Chilly Moose sells and ships products within Canada only. Orders placed through this Website must include a valid Canadian shipping address.
We reserve the right to refuse or cancel any order that cannot be fulfilled within Canada, including any order using a freight forwarder, international forwarding address, mail forwarding service, or other arrangement intended to ship products outside Canada.
All prices are shown in Canadian dollars unless otherwise stated.
5. Prohibitions
You must not misuse this Website. You agree that you will not:
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Commit or encourage a criminal offence.
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Transmit or distribute a virus, trojan, worm, logic bomb, malware, spyware, or any other material that is malicious, technologically harmful, in breach of confidence, offensive, obscene, defamatory, abusive, or unlawful.
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Hack into, interfere with, disrupt, overload, damage, disable, or impair any aspect of the Website or Services.
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Corrupt data or attempt to gain unauthorized access to data, accounts, systems, networks, or servers.
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Cause annoyance, inconvenience, distress, or harm to other users.
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Infringe the intellectual property, privacy, publicity, confidentiality, or other rights of any person.
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Send unsolicited advertising or promotional material, commonly referred to as spam.
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Scrape, crawl, harvest, copy, extract, or collect information from this Website using automated tools without our prior written consent.
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Use the Website for fraudulent, misleading, unlawful, commercial resale, or unauthorized purposes.
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Attempt to affect the performance, security, functionality, or integrity of any computer facilities of or accessed through this Website.
Breaching this provision may constitute a criminal offence. Chilly Moose may report any such breach to the relevant law enforcement authorities and disclose your identity or other relevant information to them where permitted or required by law.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website, your downloading of any material posted on it, or your access to any website linked to it.
6. Intellectual Property, Software, and Content
The intellectual property rights in all software, designs, text, graphics, logos, icons, images, photographs, videos, audio, product names, product descriptions, page layouts, code, features, functionality, and other content made available to you on or through this Website remain the property of chillymoose.ca, Chilly Moose, 14095863 Canada Inc., or their respective licensors and are protected by copyright, trademark, and other intellectual property laws.
You may store, print, and display content supplied through the Website solely for your own personal and non commercial use. You are not permitted to publish, manipulate, reproduce, distribute, copy, display, sell, license, exploit, or otherwise use any Website content in connection with any business or commercial enterprise without our prior written consent.
No right, title, or interest in or to the Website, the Services, or any content is transferred to you.
7. Product Information, Colours, and Availability
We make reasonable efforts to display product descriptions, colours, dimensions, capacities, pricing, and availability accurately. However, we do not guarantee that product images, colours, finishes, sizing, or other details will appear exactly as shown on your device.
Product availability may change without notice. We reserve the right to limit quantities, discontinue products, correct errors, or cancel orders where product information, pricing, availability, discounting, shipping, or checkout information is inaccurate.
Some products may have natural variation, manufacturing tolerance, colour variation, minor cosmetic variation, or packaging variation. Such variations do not necessarily constitute a defect.
8. Terms of Sale
By placing an order, you are offering to purchase a product on and subject to these Terms. All orders are subject to availability, payment approval, fraud review, price confirmation, shipping confirmation, and acceptance by Chilly Moose.
Chilly Moose retains the right to refuse, cancel, or limit any order for any reason permitted by law, including suspected fraud, unauthorized resale, incorrect pricing, product unavailability, customer account issues, payment issues, incorrect shipping information, misuse of discount codes, or violation of these Terms.
When placing an order, you confirm that all details you provide to us are true, accurate, current, and complete, that you are an authorized user of the payment method used to place the order, and that there are sufficient funds or credit available to cover the order.
8.1 Our Contract
When you place an order, you may receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement and does not constitute acceptance of your order.
A contract between you and Chilly Moose for the purchase of goods will not be formed until your payment has been approved, your order has been accepted, and we have sent you an order confirmation or shipping confirmation email.
If your order is accepted, we will inform you by email and confirm the identity of the party with which you have contracted. This will usually be Chilly Moose, but may in some instances be a third party. Where a contract is made with a third party, Chilly Moose is not acting as agent or principal and the contract is made between you and that third party and will be subject to the terms of sale supplied by that third party.
8.2 Pricing and Availability
While we try to ensure that all details, descriptions, and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price, payment, discount, shipping charge, product description, or availability of goods that you have ordered, we may inform you as soon as reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we may treat the order as cancelled.
If an order is cancelled and you have already paid for the goods, you will receive a refund to the original method of payment, subject to processing times of your payment provider.
Prices advertised are subject to change without notice at the discretion of Chilly Moose. Delivery costs, applicable taxes, and other charges will be charged in addition where applicable and will be displayed at checkout.
8.3 Taxes
Applicable federal and provincial taxes will be calculated and charged at checkout based on the shipping destination and applicable Canadian tax rules.
8.4 Payment
Upon receiving your order, we or our payment processor may carry out a standard authorization check on your payment method to ensure there are sufficient funds or credit to complete the transaction. Your payment method may be debited or authorized when the order is placed or when authorization is received.
You agree to provide current, complete, and accurate billing and payment information. We are not responsible for delays, failed orders, or cancellations resulting from incorrect payment information, payment processor issues, card issuer decisions, failed authorization, or suspected fraud.
8.5 Discount Codes and Promotions
We may from time to time offer promotional discount codes, sale pricing, bundles, free shipping offers, giveaways, or other promotions. The conditions of use relating to any discount code or promotion will be specified at the time of issue or displayed on the Website.
Unless expressly stated otherwise:
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Discount codes cannot be combined with other codes, promotions, sale pricing, bundles, corporate pricing, wholesale pricing, promotional pricing, or other offers.
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Discount codes have no cash value.
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Discount codes are non transferable.
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Discount codes may be limited to one use per customer, household, email address, order, or account.
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Discount codes are not available for corporate, wholesale, promotional, custom, or B2B customers.
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Website discounts or promotions are only available to online retail customers.
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We may cancel or refuse any order where a discount code or promotion is used incorrectly, fraudulently, or contrary to its stated terms.
Bundles are one per customer unless otherwise stated. If multiple bundle discounts are added to a cart, we may apply, remove, adjust, or refuse discounts at our discretion, subject to applicable law.
9. Shipping
Chilly Moose fulfills online orders within 2 to 3 business days of receipt, excluding weekends, holidays, peak periods, inventory delays, payment issues, fraud review, custom order production time, carrier disruptions, weather events, and circumstances outside our reasonable control.
Once your order leaves the warehouse, it is the responsibility of our shipping partner. Chilly Moose does not have control over delivery times once the order is in the carrier’s possession. To track your order, please use the tracking number provided in the shipping email from us.
Please allow up to 24 hours for tracking information to be updated after a tracking number is issued.
If you have questions regarding package tracking or delivery after shipment, please contact the shipping provider directly.
Delivery times shown at checkout or provided by a carrier are estimates only and are not guaranteed. Chilly Moose is not responsible for carrier delays, missed delivery attempts, weather delays, labour disruptions, service interruptions, incorrect shipping information provided by the customer, or other delivery issues outside our reasonable control.
Customers are responsible for ensuring that all shipping information is accurate before submitting an order. If a customer provides an incorrect or incomplete shipping address, Chilly Moose is not responsible for lost, delayed, returned, or misdelivered packages. Additional shipping charges may apply to reship an order.
Chilly Moose currently ships within Canada only.
10. Free Shipping
Chilly Moose offers free shipping on qualifying online orders over $40.00 before taxes, with some exceptions.
Free shipping is not applicable for orders going to Northwest Territories, Yukon, Nunavut, and Newfoundland and Labrador unless expressly stated otherwise at checkout.
In the event that the actual calculated cost of shipping is 35% or more of the pre tax order amount, the customer will be contacted by our Customer Service team and additional shipping charges may apply. If the customer does not agree to the additional shipping charges, Chilly Moose may cancel and refund the order.
Free shipping is not applicable on corporate orders. Please speak with our corporate team regarding corporate shipping.
Free shipping may also be unavailable or adjusted for oversized items, remote delivery addresses, wholesale orders, promotional orders, custom orders, bulk orders, or any order that does not qualify under the shipping terms displayed at checkout.
11. Shipping Carriers
Due to quickly changing shipping costs and shipping times in Canada, we do not guarantee that the carrier selected or displayed at checkout will be used to ship your parcel.
Chilly Moose may choose the quickest, most practical, or most available shipping option based on carrier availability, service levels, destination, parcel size, shipping cost, delivery location, and operational needs.
12. Risk of Loss and Delivery Issues
Risk of loss and title to products pass to the customer when the order is delivered to the shipping address provided at checkout, subject to any rights or protections that cannot be excluded under applicable law.
If tracking indicates that an order has been delivered to the address provided at checkout, Chilly Moose is not responsible for theft, loss, misplacement, or damage occurring after delivery, except where required by law.
Customers are encouraged to provide a secure delivery address and monitor tracking information.
13. Returns and Exchanges
Customer satisfaction is our first priority. We want you to love your Chilly Moose as much as we do. We inspect each and every item before it ships from our warehouse, and we will not knowingly send items that are not in proper condition.
Please note that Chilly Moose is not responsible for minor cosmetic damages, such as, but not limited to, scuffs or small dents, which can sometimes occur during shipping. We take every precaution while packing your items to ensure they arrive safely. Minor cosmetic damages due to rough shipping are rare, but can happen. If this happens, please notify us immediately and send photos for us to review at info@chillymoose.ca.
Returned items will be subject to a 5% restocking fee.
If you wish to return your item, you must notify us within 7 days of receiving your shipment by contacting info@chillymoose.ca.
To return an item purchased online at chillymoose.ca, we require:
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Full name and order number.
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Proof of purchase, such as your payment confirmation email.
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The item must be unused and in the same condition that you received it.
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The item must be returned in its original packaging.
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The customer is responsible for return shipping costs.
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Return approval from Chilly Moose before the item is shipped back.
Packages received at our facility without return approval will be returned to sender.
Once your item is received at our warehouse and inspected, our team will send you an email to notify you that we have received your returned item and inform you if the refund was approved.
If the refund is approved, we will process the refund for the product, minus shipping costs and any applicable restocking fee. A credit will automatically be applied to your credit card or original method of payment within 3 to 5 business days after the refund is processed. You will receive a refund notification by email. Actual timing may vary depending on your payment provider.
Used products are not eligible for return or exchange.
Custom engraved and custom decal items are final sale.
Online clearance items are final sale, with no returns or exchanges.
Nothing in this section limits rights that cannot be excluded under applicable law.
14. Exchanges
If you wish to exchange your item, you must notify us within 7 days of receiving your shipment. Exchanges are dependent on inventory availability.
To exchange an item purchased online at chillymoose.ca, we require:
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Full name and order number.
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Proof of purchase, such as your payment confirmation email.
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The item must be unused and in the same condition that you received it.
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The item must be returned in its original packaging.
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The customer is responsible for both return shipping costs and new item shipping costs.
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Exchange approval from Chilly Moose before the item is shipped back.
Exchanged items will be subject to a 5% restocking fee.
Items purchased at an authorized Chilly Moose dealer must be returned or exchanged at the same dealer where they were initially purchased. The dealer’s return and exchange policy applies.
15. Replacements
We do our absolute best to ensure you receive the correct item. If, for some reason, you receive an incorrect item, please notify us within 7 days from the time you received your shipment and include your order number with proof of purchase.
If you mistakenly order the wrong colour or enter your shipping information incorrectly, please notify us immediately at info@chillymoose.ca. Chilly Moose is not obliged to provide replacement products if incorrect order information was entered by the customer. We encourage all customers to review their order and shipping information carefully before completing an online purchase.
Once an order is packed and shipped, the return and exchange policy applies.
If you have any questions about your online order, shipping, returns, exchanges, or replacements, please contact our Customer Service team at info@chillymoose.ca.
16. Warranty and Authorized Dealers
Chilly Moose warranties apply only to purchases made through Chilly Moose or authorized Chilly Moose dealers. Purchases from unauthorized resellers, liquidators, clearance channels, discount outlets, or third party marketplaces are not eligible for warranty support, exchanges, or returns unless required by law.
Proof of purchase may be required for any warranty, replacement, return, exchange, or customer service request.
Warranty rights, if any, are subject to the specific warranty terms applicable to the product. Nothing in these Terms limits any rights that cannot be excluded under applicable law.
17. Obsolete, Discontinued, Clearance, and Final Sale Items
Certain products may be identified as obsolete, discontinued, clearance, final sale, liquidation, or similar items. These products are offered as is, with no express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non infringement, to the fullest extent permitted by law.
Such items may include older models, end of line goods, returned goods, open box goods, display goods, cosmetic seconds, overstock goods, or products sold through third party discount outlets or liquidation channels.
Chilly Moose does not provide replacements, repairs, returns, exchanges, refunds, or warranty support for these items unless expressly stated by Chilly Moose in writing or required by law.
To the extent permitted by law, the purchase of any obsolete, discontinued, clearance, final sale, or liquidation item constitutes acceptance of these terms.
18. Reselling
By purchasing from www.chillymoose.ca, you agree that you will not exploit, resell, distribute, export, divert, or commercially use Chilly Moose products unless permitted by an authorized Chilly Moose Ltd representative in writing.
We reserve the right to refuse, cancel, or limit orders that appear to be placed for unauthorized resale, distribution, marketplace sale, export, diversion, or other commercial purposes.
19. Custom Orders and Customer Supplied Materials
Chilly Moose maintains the right to decline any custom, corporate, wholesale, promotional, engraving, imprinting, decoration, or personalization order that we deem inappropriate, unacceptable, unlawful, offensive, or inconsistent with company policies.
This includes, but is not limited to, text, artwork, images, logos, marks, slogans, or designs that:
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Include hate speech or hate symbols.
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Contain explicit, obscene, or sexually graphic content.
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Encourage discrimination, hate, harassment, threats, or violence against groups or individuals, including based on race, religion, ethnicity, gender, disability, sexual orientation, gender identity, age, national origin, or other protected grounds.
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Are libellous, defamatory, misleading, fraudulent, or harmful to any individual, organization, or group.
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Violate, or may violate, copyrights, trademarks, personality rights, privacy rights, publicity rights, or other intellectual property rights of others.
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Are otherwise deemed by Chilly Moose to be unsuitable for production.
Customization fees apply to all custom orders unless otherwise agreed in writing. Customers are responsible for reviewing all proofs, artwork, spelling, grammar, colours, placement, sizing, quantities, products, and other order details before approving the order.
Customized items are final sale and non refundable. Chilly Moose is not responsible for mistakes, errors, omissions, colour differences, placement differences, spelling errors, artwork issues, or design issues that have been approved by the customer.
By submitting artwork, logos, designs, text, images, or other materials to Chilly Moose, you represent and warrant that you own or have all necessary rights, permissions, licenses, and consents to use those materials and to authorize Chilly Moose to reproduce, print, engrave, decorate, modify, and otherwise use them for the purpose of fulfilling your order.
You agree to indemnify and hold harmless Chilly Moose, its directors, officers, employees, contractors, agents, affiliates, licensors, and service providers from any claims, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising from or related to customer supplied materials or any allegation that such materials infringe, violate, or misappropriate the rights of any person.
20. Customization Warranty Limitations
At Chilly Moose, we take pride in offering high quality products and durable customization options that are produced in house by our skilled production artists and technicians. We carefully research and test each method to ensure the best possible performance.
Third party customization, including any product customization that is not ordered and produced by Chilly Moose directly or through an authorized Chilly Moose promotional representative, is not the responsibility of Chilly Moose and is not covered under warranty.
Any unauthorized modifications, including but not limited to imprinting, engraving, marking, drilling, painting, coating, heating, applying adhesive materials, applying decals, altering lids or components, or other modifications, may void the product warranty.
21. Wholesale, Corporate, and Promotional Orders
Wholesale, corporate, promotional, custom, and bulk orders may be subject to additional terms, including minimum order quantities, custom pricing, artwork requirements, production timelines, payment terms, credit approval, shipping charges, cancellation restrictions, and final sale conditions.
Unless otherwise agreed in writing by Chilly Moose, wholesale, corporate, promotional, custom, and bulk orders are not eligible for online discounts, free shipping promotions, consumer promotional codes, standard online return privileges, or other offers intended for regular online retail customers.
Custom, decorated, engraved, imprinted, promotional, or otherwise personalized products are final sale once approved by the customer and are not eligible for cancellation, return, exchange, or refund, except where required by law or expressly agreed by Chilly Moose in writing.
All past due invoices are subject to a $120 processing fee and interest at a rate of 2% per month, equivalent to 26.8% per year, or the maximum amount permitted by applicable law, whichever is lower.
The customer is responsible for all reasonable costs incurred by Chilly Moose in collecting overdue amounts, including collection agency fees, legal fees, court costs, and administrative costs, where permitted by law.
Chilly Moose may suspend production, shipment, credit terms, future orders, or account privileges where invoices are overdue, credit terms are exceeded, or payment issues occur.
22. Privacy and Personal Information
By using this Website, creating an account, placing an order, subscribing to marketing communications, entering a promotion, submitting a form, contacting us, or otherwise interacting with Chilly Moose, you may provide personal information to us.
Personal information may include your name, billing address, shipping address, email address, phone number, order details, payment related information, account information, communication preferences, customer service communications, fraud prevention information, and other information needed to process orders, provide customer service, administer promotions, prevent fraud, improve our Website, and communicate with you.
Chilly Moose collects, uses, stores, and discloses personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act, where applicable.
We may share personal information with service providers that help us operate our business, including ecommerce platforms, payment processors, shipping carriers, fraud prevention providers, email and SMS marketing platforms, analytics providers, advertising partners, customer service tools, cloud hosting providers, professional advisors, and technology service providers. These service providers may process personal information on our behalf only for business, operational, legal, or service related purposes.
We do not sell personal information. We may disclose personal information where required or permitted by law, including to comply with legal obligations, enforce our Terms, prevent fraud, protect our rights, collect amounts owed, respond to legal processes, or respond to lawful requests from authorities.
Customers may unsubscribe from marketing emails by using the unsubscribe link included in our emails. Transactional emails related to orders, shipping, customer service, returns, warranties, promotions entered by the customer, account activity, or legal notices may still be sent where necessary.
For more information about how we collect, use, disclose, store, and protect personal information, please review our Privacy Policy. If there is a conflict between these Terms and our Privacy Policy regarding personal information, the Privacy Policy will apply to the extent of the conflict.
23. Cookies and Tracking Technologies
This Website uses cookies, pixels, tags, analytics tools, advertising technologies, and similar tracking technologies to operate the Website, remember preferences, process orders, understand Website performance, improve customer experience, deliver marketing, measure advertising effectiveness, and help prevent fraud.
Some cookies are necessary for the Website to function properly. Other cookies may be used for analytics, personalization, advertising, or marketing purposes. Depending on your location and applicable law, you may have choices about certain cookies or tracking technologies.
You can manage cookies through your browser settings and, where available, through any cookie preference tools provided on the Website.
Disabling some cookies may affect Website functionality, checkout, account access, cart functions, or the availability of certain features.
24. Email, SMS, and Marketing Communications
By subscribing to email or SMS marketing, entering a promotion, creating an account, or otherwise providing your contact information for marketing purposes, you consent to receive promotional communications from Chilly Moose, subject to applicable law.
You may unsubscribe from promotional emails by using the unsubscribe link included in our emails. You may opt out of SMS marketing by following the instructions provided in the SMS message, where applicable.
We may still send you non promotional communications related to orders, account activity, customer service, shipping, returns, warranties, legal notices, security, or transactions.
25. User Reviews, Submissions, and Feedback
If you submit reviews, photos, videos, comments, feedback, ideas, suggestions, testimonials, social media tags, or other content to Chilly Moose or through the Website, you grant Chilly Moose a non exclusive, worldwide, royalty free, perpetual, irrevocable right to use, reproduce, modify, publish, display, distribute, and create derivative works from that content for business, marketing, promotional, customer service, and operational purposes, subject to applicable law and our Privacy Policy.
You represent and warrant that any content you submit is truthful, lawful, your own original content or content you have permission to submit, and does not infringe or violate the rights of any person.
We may remove, refuse, edit, or decline to publish user content at our discretion.
26. Accessibility
Chilly Moose strives to make its Website accessible and usable for all customers, including individuals with disabilities. We are committed to improving the accessibility of our Website and customer experience over time.
If you experience difficulty accessing any part of the Website or need assistance placing an order, reviewing product information, or contacting customer service, please contact us at info@chillymoose.ca and we will make reasonable efforts to assist you.
27. Linking to This Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval, endorsement, sponsorship, partnership, or affiliation on our part where none exists. You must not establish a link from any website that is not owned or controlled by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page without our prior written consent. We reserve the right to withdraw linking permission without notice.
28. Linking to External Websites
This Website may contain links to third party websites, apps, tools, platforms, or services. These links are provided for convenience only.
When you click external links, the destination website’s or app’s terms, privacy policy, cookie policy, and practices will apply. By leaving the Chilly Moose Website, you agree that you are doing so at your own risk. Chilly Moose does not control and is not responsible for third party websites, apps, content, products, services, availability, privacy practices, or security.
29. Disclaimer as to Ownership of Trademarks, Images, and Third Party Copyright
Except where expressly stated to the contrary, all persons, including their names and images, third party trademarks, brands, content, services, products, and locations featured on this Website are in no way associated, linked, affiliated, sponsored, or endorsed by Chilly Moose.
Any trademarks, names, logos, or brand names featured on this Website are owned by their respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify products, services, compatibility, or reference information and is in no way an assertion that such products or services are endorsed by or connected to Chilly Moose.
30. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, representations, or warranties as to its accuracy, completeness, reliability, availability, or suitability, except as expressly stated in writing by Chilly Moose or as required by applicable law.
To the fullest extent permitted by law, Chilly Moose and its suppliers, content providers, advertisers, affiliates, licensors, service providers, directors, officers, employees, contractors, and agents expressly exclude all conditions, warranties, representations, and other terms that might otherwise be implied by statute, common law, equity, custom, usage, or course of dealing.
To the fullest extent permitted by law, Chilly Moose shall not be liable for any damages whatsoever, including but not limited to direct, indirect, special, consequential, punitive, exemplary, or incidental damages, loss of use, loss of profits, loss of sales, loss of revenue, loss of business, loss of data, loss of goodwill or reputation, cost of procurement of substitute goods or services, or other intangible losses arising out of or related to:
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Use of, or inability to use, the Website or Services.
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Performance or failure of the Website.
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Materials, information, or content posted on the Website.
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Products purchased through the Website.
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Shipping delays, carrier issues, or delivery problems outside our reasonable control.
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Unauthorized access to or alteration of your transmissions or data.
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Conduct of third parties.
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Errors, inaccuracies, omissions, interruptions, defects, delays, viruses, or other harmful components.
This limitation applies whether such damages arise in contract, tort, negligence, equity, restitution, statute, common law, strict liability, or otherwise, and whether or not such damages were foreseeable.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or any other liability that cannot be excluded or limited under applicable law.
31. No Medical, Safety, or Outdoor Activity Advice
Any outdoor, lifestyle, product use, care, cleaning, temperature retention, food safety, camping, adventure, or related content provided by Chilly Moose is for general informational purposes only. It is not professional, medical, safety, survival, food handling, or outdoor activity advice.
Customers are responsible for using products safely, following product instructions, supervising children, using reasonable care, and complying with applicable laws, safety guidance, and environmental conditions.
32. Force Majeure
Chilly Moose will not be liable for any delay or failure to perform any obligation where such delay or failure results from events beyond our reasonable control. Such events may include, without limitation, natural disasters, severe weather, fire, flood, pandemic, epidemic, labour disruption, strike, lockout, carrier disruption, supply chain disruption, customs or border disruption, war, terrorism, civil unrest, government action, power failure, internet failure, technology failure, cyberattack, platform outage, payment processor outage, or shortage of materials or inventory.
33. Indemnity
You agree to indemnify, defend, and hold harmless Chilly Moose, its directors, officers, employees, consultants, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, penalties, costs, and expenses, including but not limited to reasonable legal fees, arising from or related to:
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Your use of this Website or the Services.
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Your breach of these Terms.
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Your violation of any law or the rights of any person.
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Your order, resale, misuse, or unauthorized commercial use of Chilly Moose products.
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Customer supplied artwork, designs, logos, text, or other materials.
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Fraudulent, abusive, negligent, or wrongful conduct by you or anyone using your account, device, payment method, or information.
34. Complaints
We operate a complaints handling procedure that we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints, concerns, or comments by contacting us at info@chillymoose.ca.
35. Waiver
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
No waiver of any provision of these Terms will be effective unless it is in writing and signed by a Director of Chilly Moose.
36. Severability
If any provision of these Terms is found to be unlawful, void, invalid, or unenforceable, that provision will be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions will remain valid and enforceable.
37. Entire Agreement
These Terms of Service, together with any policies, product specific terms, promotion specific terms, warranty terms, privacy policy, shipping terms, return terms, and other terms expressly referenced on this Website, constitute the entire agreement between you and Chilly Moose regarding your use of the Website and purchase of products through the Website.
These Terms supersede any and all preceding and contemporaneous agreements, communications, and proposals between you and Chilly Moose relating to the Website or Services.
38. Canadian Law and Consumer Rights
These Terms are intended to apply to customers in Canada. Nothing in these Terms is intended to limit, exclude, or replace any rights, remedies, warranties, or protections that cannot be limited or excluded under applicable federal, provincial, or territorial law.
39. Governing Law
These Terms and any dispute arising from or relating to these Terms, the Website, or any purchase from Chilly Moose shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to any rights that a consumer may have under applicable law, the parties agree that disputes shall be resolved by the courts located in Ontario, Canada.
40. Contact
Chilly Moose Inc.
Ontario, Canada
Website: www.chillymoose.ca
Customer Service: info@chillymoose.ca
For questions about online orders, shipping, returns, exchanges, or replacements, please contact our Customer Service team at info@chillymoose.ca.
41. Promotions, Contests, and Giveaways
From time to time, Chilly Moose may offer contests, giveaways, discount codes, prize promotions, or other promotional offers. Each promotion may be subject to separate official rules, eligibility requirements, deadlines, exclusions, and conditions.
In the event of a conflict between these Terms and the official rules of a specific promotion, the promotion specific rules will apply to that promotion.
Past promotions may be closed, expired, or unavailable. Expired promotions, discount codes, prize claims, or promotional offers have no cash value and will not be reissued, extended, substituted, or honoured unless expressly stated by Chilly Moose in writing or required by law.