PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

General

This website is owned and operated by Tang Silk Whispers, Inc. (“Silk Whispers”)

This website is provided “as is” and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, Silk Whispers makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.

Silk Whispers controls this website from its offices within Ontario, Canada. You agree that (a) all matters relating to access to, use of, or purchases through this website will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario; the courts of Ontario have jurisdiction; (c) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and (d) you are responsible for complying with all local laws.

These Terms and Conditions, including (a) the Online Shopping Terms and Conditions (below), (b) Acceptable Use Policy (below) and (c) the Privacy Policy, constitute the entire agreement between Silk Whispers and you pertaining to the use of this website.

Silk Whispers may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised Terms and conditions have been posted, you will be deemed to have agreed to them.

The Content of this Website

All content which forms a part of this website, including without limitation, all text, design, graphics, drawings, photographs, e-mails, photographs, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws.

You acknowledge and agree that the ownership right and title to such rights will continue and remain with Silk Whispers or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of Silk Whispers. No other copying of this website, in whole or in part, is permitted without the express written authorization of Silk Whispers.

Certain names, words, logos, slogans and images used on this Website are the property of and are subject to trade-mark rights held by Silk Whispers. Certain other trade-marks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.

You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of Silk Whispers or its licensors or allow any third-party to access the Content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.

Links to Third Party Websites

This website may contain links to other websites. All such other websites are independent from this website and from Silk Whispers. We have no control over and expressly disclaims any liability for such websites or their contents. The provision of any link does not constitute an endorsement of such linked website by Silk Whispers. Silk Whispers is not responsible for web-streaming or any other form of transmission received from any third party website nor is Silk Whispers responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and Silk Whispers shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

Exclusion of Liability

Your use of (or inability to use) this website and the Content is at your own risk. You agree that your sole remedy in the event of any problem with your use is to cease using this website. In no event shall Silk Whispers or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out or related to access to or use of this website or any other website linked to this website or the Content, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.

Silk Whispers is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Silk Whispers assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Silk Whispers, its affiliates and related companies, and each of their respective directors, officers, employees, agents and representatives from and against all claims, liability, losses, damages, expenses, and costs, arising out of your use of this website or your breach of the Terms and Conditions.

Online Shopping Terms and Conditions

All orders and purchases made through this website are subject to the following:

You Agree to Pay – You agree to pay for all charges noted herein as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.

Effect of errors on the part of Silk Whispers – While Silk Whispers takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. Silk Whispers may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.

Pricing and Availability of Goods

All prices and availability of goods listed on this website are subject to confirmation. Silk Whispers will notify you by email within 2 business days of making a purchase if the confirmed price or availability of an item you have selected differs from that listed on the website or on your purchase order. If you do not receive an email within 2 business days of completing a purchase order, Silk Whispers is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price, or for back-order in case an item is out of stock.

Restrictions on who may purchase, what may be purchased and where items may be shipped

  • You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted.
  • You must be 18 years of age or older to purchase from the website.
  • Any items purchased on this website will not be delivered to an address outside of Canada and the U.S.
  • Silk Whispers reserves the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Silk Whispers believes that customer conduct contravenes applicable law or is harmful to the interests of Silk Whispers or its representatives, agents, contractors, suppliers or licensees.
  • Silk Whispers will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Silk Whispers will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Silk Whispers will notify you as soon as possible.
  • In order to protect you and Silk Whispers from fraudulent transactions, Silk Whispers may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. Silk Whispers also reserves the right, at its discretion, not to ship items ordered or purchased on this Website to certain addresses. In the event that Silk Whispers chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

Any other questions please contact info@silkwhispers.com.