Terms of service
ECLIPSE EV TERMS OF SERVICE (CANADA)
OVERVIEW
Welcome to Eclipse EV! The terms “we”, “us”, and “our” refer to Eclipse EV Inc. (“Eclipse EV”). Eclipse EV operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”), to provide you with a curated electric vehicle shopping experience. Our Services are powered by Shopify, which enables us to offer online commerce capabilities to you.
These Terms of Service (“Terms”) describe your rights and obligations when you access or use our Services.
Please read them carefully, as they contain important information about your legal rights, including limitations of liability and warranty disclaimers.
By using, accessing, or purchasing through our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are the age of majority in your province or territory of residence and have consented to allow any minor dependents to use the Services under your supervision.
To use or purchase through our Services, you may be required to provide accurate and current information such as your email, billing address, and payment details. You represent and warrant that all such information is true and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not sell, transfer, or assign your account without our written consent.
SECTION 2 – OUR PRODUCTS
We strive to display accurate product descriptions and images. However, actual product colors or appearances may differ due to device variations or display settings.
We do not guarantee that products will meet your expectations or match their appearance online.
We reserve the right to modify or discontinue any product at any time, or to limit quantities available to any individual, household, or region, in compliance with applicable Canadian consumer protection laws.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Your order will not be accepted until Eclipse EV confirms acceptance and processes payment.
We may refuse or cancel any order for reasons including product unavailability, pricing errors, or suspected fraud. If we cancel or modify your order, we will notify you using your contact information.
Your purchases are subject to our Refund and Return Policy.
You represent that your purchases are for personal or household use and not for commercial resale.
SECTION 4 – PRICES AND BILLING
All prices are listed in Canadian dollars (CAD) unless otherwise stated.
Prices may change without notice. The price charged will be the one in effect at the time of your order. Prices do not include applicable federal or provincial sales taxes (GST/HST/PST/QST), shipping, handling, customs, or import fees unless otherwise indicated.
You agree to provide accurate and current payment information. By submitting payment details, you authorize us (and Shopify) to charge your payment method for the total order amount.
You represent that you are authorized to use the payment method provided and that sufficient funds are available.
SECTION 5 – SHIPPING AND DELIVERY
We deliver within Canada unless otherwise specified. Delivery times are estimates only and not guaranteed.
Risk of loss and title to products transfer to you upon delivery to the carrier, unless otherwise required by law.
We are not responsible for delays caused by carriers, customs, or events beyond our reasonable control.
SECTION 6 – INTELLECTUAL PROPERTY
All content within the Services, including trademarks, logos, text, images, videos, and designs, are owned or licensed by Eclipse EV or its affiliates and are protected under Canadian and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only. Any reproduction, modification, or distribution without written consent is prohibited.
“Eclipse EV” and our associated marks are trademarks of Eclipse EV Inc. or its affiliates. “Shopify” is a trademark of Shopify Inc. All other trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to tools or services from third parties. These are provided “as is” without any warranties or endorsements.
Your use of such tools is entirely at your own risk and subject to the terms of the third-party provider.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We are not responsible for examining or evaluating the content, products, or services of those websites and are not liable for any damages or harm arising from your use of them.
Please review any third-party terms and privacy policies before engaging with them.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Eclipse EV uses Shopify to host and operate our online store. Shopify enables payment processing and system functionality but is not a party to any sale between you and Eclipse EV.
You agree that Shopify is not responsible for any claims, damages, or losses related to your purchase.
SECTION 10 – PRIVACY POLICY
Your personal information is collected and processed in accordance with PIPEDA (Personal Information Protection and Electronic Documents Act) and our Privacy Policy.
Shopify also collects certain data in order to operate the platform—please review Shopify’s Privacy Policy [link].
By using the Services, you consent to the collection, use, and disclosure of your information in accordance with these policies.
SECTION 11 – FEEDBACK
Any feedback, ideas, or suggestions you submit may be used by us without restriction or compensation.
By submitting feedback, you confirm that you own or have rights to it and that it does not violate any third-party rights.
SECTION 12 – ERRORS AND OMISSIONS
We may occasionally publish information that contains typographical errors or inaccuracies, including in pricing, descriptions, or availability.
We reserve the right to correct any errors or cancel affected orders without notice, consistent with Ontario’s Consumer Protection Act requirements.
SECTION 13 – PROHIBITED USES
You agree to use the Services only for lawful purposes under applicable Canadian federal, provincial, and municipal laws.
You must not use the Services for any fraudulent, harmful, or illegal activity, or to interfere with or disrupt the Services’ functionality.
SECTION 14 – TERMINATION
We may suspend or terminate your account or access to the Services at any time, with or without notice, for any breach of these Terms.
All sections that by their nature should survive termination will continue in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as required by Canadian law, the Services and all products are provided “as is” and “as available.”
We make no warranties or representations of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.
Some jurisdictions, including Ontario, do not allow the exclusion of certain implied warranties, and in such cases, those statutory warranties will apply to the extent required by law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by Ontario and Canadian law, Eclipse EV, its affiliates, directors, and employees shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, arising from your use of the Services or products purchased through them.
This limitation does not apply to damages resulting from gross negligence, wilful misconduct, or breach of statutory duty, where such exclusions are prohibited by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Eclipse EV, Shopify, and their affiliates, officers, employees, and agents from any claim or demand (including reasonable legal fees) arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found invalid or unenforceable under applicable law, it shall be severed and the remainder shall continue in full force and effect.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Failure to enforce any provision does not constitute a waiver.
These Terms, along with our posted policies, constitute the entire agreement between you and Eclipse EV, governed by Canadian law.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations without our written consent. We may assign or transfer these Terms without restriction.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms and any transactions through the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Any disputes shall be resolved in the courts of Toronto, Ontario, and you consent to their exclusive jurisdiction.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time by posting a revised version on our website. Material changes will be communicated as required by Canadian law.
Continued use of the Services after any update constitutes your acceptance of the new Terms.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms may be directed to:
Eclipse EV Inc.
contact@eclipseev.ca