Terms of Use

TERMS AND CONDITIONS

  1. Applicability of Terms and Conditions

     These terms and conditions (the "Terms") shall apply to your access, use, downloading of materials or purchase of products and related services through https://shop.eightforty.com (the "Site"). These Terms are subject to change at any time without prior written notice by eightforty shop, operated by Sykes Audio Visual Holdings Inc.  The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. 

    By using this site, you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms, please do not use this site. The material provided on this site is protected by law, including, but not limited to, Canadian Copyright Law and international treaties.

    These Terms are only available in English. No other languages will apply to these Terms.

     

    1. Definitions

    In these Terms, the following words have the following meanings:

     “Site" includes the following website https://shop.eightforty.com and all associated web pages;

    "Terms" the terms and conditions set out in this document, any additional terms and any specific terms;

    "we", "us" "our"or “Company” shop.eightforty.com/eightforty or Sykes Audio Visual Holdings Inc. (a corporation registered in the Province of British Columbia).

    "you" or "your"means the person buying products from the Site.

     

    1. Ordering Products from the Site

    The steps required to create the Contract between you and us are as follows:

    1. You place an order on the Site by adding available product to your cart and checking out. You have an option to create an account or check out as a guest, you must provide a valid email address.
    2. When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgment does not, however, mean that your order has been accepted by us.
    3. We may send you an e-mail to say that we do not accept your order. This is typically for the following reasons:
    • the products are not available;
    • we cannot obtain authorization of your payment;and/or
    • there has been an error by us on the pricing or description of the products. 
    1. We will only accept your order when we send you an e-mail that confirms your order has been shipped ("Shipping E-mail"). At this point, a legally binding contract will be in place between you and us and at this point we will dispatch the products to you ("Contract").
    • Accuracy of personal information is the responsibility of the user. If you submit wrong information, you are liable for any loss or additional costs associated with these errors.
    • When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time-to-time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors, you can do so before submitting your order to us.
    • We reserve the right to reject, correct, cancel, or terminate any order, including accepted orders, or limit quantities available for sale or sold, for any reason.

    1. Changes to Service 

    We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features or products, at any time without notice or liability. We may similarly remove, add, modify, or otherwise change any content, including that of third parties, on or from this Site. We may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.

     

    1. Payment Terms
    • All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted, whether or not the order has been confirmed. In the event that an error does occur, we reserve the right to correct or cancel an order at any time, and/or correct the error on our website.
    • You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, bank transfer, or use of an alternative electronic payment provider (e.g., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
    • We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism but in the absence of negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.
    • All prices are in Canadian dollars.

    1. Shipping Information 

    It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

     

    1. Your Information

    All information you provide through the Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

     

    1. Product Reviews 

    To the extent that this Site contains bulletin boards, products reviews, or other message or communication facilities, you agree to use such means only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when posting a review, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. We do not have any obligation to monitor the content of its bulletin boards, product reviews, or other message or communication facilities. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any information or materials, in whole or in part, that in Our sole discretion are objectionable or in violation of these Terms and Conditions.

     

    1. Third Party Beneficiaries

    These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

     

    1. Force Majeure

    Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, pandemics, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.

     

    1. Assignment

    Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

     

    1. Partial Invalidity

    In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

     

    1. Governing Law

    These Terms shall be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles.

     

    1. Time for Bringing Suit

    Any legal proceeding arising from or in connection with this Agreement, or any Service provided hereunder, must be brought within one (1) year after the event which is the subject of the proceeding has occurred, except to the extent that such action arises from claims which are subject to an express indemnification obligation therein.

     

    1. No Waivers

    Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

     

    1. Notices

    All notices, requests, demands and other communications required or permitted under this agreement shall be deemed to have been duly made and received when personally served, or when mailed by first class mail. Except as explicitly stated otherwise, and notices to shop.eightfort.com and Sykes Audio Visual Holdings Inc. shall be given by postal mail to:

     

    Sykes Audio Visual Holdings Inc. DBA eightforty
    1585 E Kent Avenue N
    Vancouver, BC V5P 4Y7

     

    1. Entire Agreement

    These Terms, along with the confirmation e-mail referenced in Section 3 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site's "Privacy Policy" shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.