Terms of service

OVERVIEW

Welcome to Silvergate! The terms “we”, “us” and “our” refer to Silvergate. Silvergate operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Silvergate is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your province of residence (18 in Ontario). You represent that all information provided is correct and complete. You are solely responsible for maintaining the security of your account and for all account activity.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products accurately. However, colors or product appearance may differ on your screen. We do not warrant that the quality of any products purchased will meet your expectations. Descriptions of products are subject to change without notice at our sole discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Silvergate reserves the right to accept or decline your order. Your order is not accepted until we confirm acceptance. We must receive and process payment before an order is accepted. Purchases are for personal/household use and not for commercial resale.

SECTION 4 - PRICES AND BILLING

Prices are subject to change without notice. Silvergate is an Ontario-registered entity; Harmonized Sales Tax (HST) will be applied to all orders. Posted prices do not include taxes or shipping unless stated. You agree to provide current, complete, and accurate purchase information.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, text, images, and graphics, are owned by Silvergate and protected by Canadian and international intellectual property laws. You may use the Services for personal, non-commercial use only.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge that we provide access to such tools ”as is” without any warranties or endorsement.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain hyperlinks to websites operated by third parties. We are not responsible for evaluating the content or accuracy of third-party materials. Any harm or damages related to third-party websites are not the responsibility of Silvergate.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Silvergate is powered by Shopify. However, any sales you make in our store are made directly with Silvergate. You acknowledge and agree that Shopify is not responsible for any aspect of sales, including injury or damage resulting from purchased products.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy. Because we are hosted by Shopify, your data may be processed and stored in Canada, the U.S., or other countries by Shopify to provide the Services to you.

SECTION 11 - FEEDBACK

If you submit ideas, reviews, or suggestions ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use and distribute such content. We are under no obligation to maintain Feedback in confidence or pay compensation for it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors related to pricing, promotions, or availability. We reserve the right to correct any errors and cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may not use the Services for any unlawful purpose, to violate regulations, to infringe on intellectual property, or to harass/harm our employees. We reserve the right to terminate your use of the Services for violating any prohibited uses.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The Services and all products are provided 'as is' and 'as available' without any representation or warranties of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent provided by law, in no case shall Silvergate, our directors, officers, or employees be liable for any injury, loss, or any direct, indirect, or consequential damages arising from your use of any of the Services or products.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Silvergate and Shopify from any claims or demands, including reasonable attorneys’ fees, made by any third party due to your breach of these Terms or your violation of any law.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be deemed to be severed, and the remaining provisions shall remain valid and enforceable.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to enforce any right or provision of these Terms shall not constitute a waiver of such right. These Terms constitute the entire agreement between you and Silvergate.

SECTION 20 - ASSIGNMENT

You may not delegate or assign your rights under these Terms without our prior written consent. We may transfer or assign these Terms and our obligations without notice to you.

SECTION 21 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada. You consent to the exclusive jurisdiction of the courts in Toronto, Ontario.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at gosilvergate@gmail.com.

Silvergate

604-207 Shaughnessy Blvd

Toronto, Ontario, Canada M2J1J9

Phone: 1-647-768-8323

Email: gosilvergate@gmail.com

HST Number: 778811133 RT0001