Terms and Conditions
Welcome to frescocanada.com (the "Website"), operated by Fresco Canada ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Website, including any purchases of goods or services made through the Website. By accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. If you do not agree to these Terms, you must not use the Website.
1. Use of the Website
1.1 Eligibility: You must be at least 19 years of age or the age of majority in your jurisdiction to use the Website or make purchases. By using the Website, you represent and warrant that you meet these eligibility requirements.
1.2 Account Registration: To make purchases or access certain features, you may need to create an account. You agree to provide accurate, complete, and current information during registration and to maintain the security of your account credentials. You are responsible for all activities conducted under your account.
1.3 Prohibited Conduct: You may not use the Website to:
- Engage in any unlawful or fraudulent activity.
- Violate any applicable federal, provincial, or international laws, including those related to cryptocurrency transactions.
- Attempt to gain unauthorized access to the Website or its systems.
- Use the Website to transmit harmful code, malware, or viruses.
- Copy, modify, or distribute any content from the Website without our express written consent.
1.4 Termination of Access: We reserve the right to suspend or terminate your access to the Website, without notice, for any violation of these Terms or for any other reason at our sole discretion.
2. Purchases and Payments
2.1 Product Information: We strive to provide accurate descriptions, pricing, and availability of products and services. However, we do not warrant that product descriptions or other content are error-free. If a product is listed at an incorrect price due to an error, we may cancel orders placed for that product.
2.2 Payment Methods: We accept payments via cryptocurrency (e.g., Bitcoin, Ethereum) and other methods as specified at checkout. You agree to provide valid payment information and authorize us to process payments for your orders.
2.3 Order Processing: Orders are subject to acceptance and availability. We may refuse or cancel an order for any reason, including product unavailability or suspected fraud. You will be notified if an order is canceled, and any payments made will be refunded in the original cryptocurrency or payment method, subject to applicable blockchain transaction fees.
2.4 Prices and Taxes: All prices are listed in Canadian Dollars (CAD) unless otherwise stated and include applicable taxes (e.g., GST/HST). Additional fees, such as shipping or blockchain transaction fees, will be clearly displayed at checkout.
3. Shipping and Delivery
3.1 Shipping Terms: We ship products to addresses specified during checkout. Shipping times and costs vary based on the destination and shipping method selected. We are not responsible for delays caused by third-party carriers or customs authorities.
3.2 Risk of Loss: Risk of loss and title for products pass to you upon delivery to the shipping carrier.
3.3 International Orders: For international orders, you are responsible for any customs duties, taxes, or fees imposed by your country. We recommend checking with your local customs authority before placing an order.
4. Returns and Refunds
4.1 Return Policy: You may return eligible products within 30 days of delivery for a refund or exchange, subject to our Return Policy. Products must be unused, in original packaging, and in the same condition as received.
4.2 Refund Process: Refunds will be issued to the original payment method or cryptocurrency wallet, minus any shipping or blockchain transaction fees. Processing times may vary depending on the payment method.
4.3 Non-Returnable Items: Certain items, such as digital products, personalized items, or perishable goods, are non-returnable unless defective or damaged.
5. Intellectual Property
All content on the Website, including text, graphics, logos, images, and software, is the property of Fresco Canada or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or use any content without our prior written consent.
6. Third-Party Services and Links
The Website may contain links to third-party websites or services (e.g., payment processors, shipping carriers). We are not responsible for the content, privacy practices, or terms of third-party websites. Your interactions with third parties are governed by their respective terms and conditions.
7. Limitation of Liability
To the maximum extent permitted by law, Fresco Canada and its affiliates, officers, directors, and employees will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website or any products purchased, including but not limited to loss of profits, data, or cryptocurrency value. Our total liability for any claim shall not exceed the amount paid by you for the product or service giving rise to the claim.
8. Disclaimer of Warranties
The Website and all products and services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Website will be uninterrupted, secure, or error-free.
9. Governing Law and Dispute Resolution
9.1 Governing Law: These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.
9.2 Dispute Resolution: Any disputes arising from these Terms or your use of the Website will be resolved through good-faith negotiation. If unresolved, disputes will be submitted to binding arbitration in Ontario, Canada, under the rules of the Canadian Arbitration Association. You waive any right to participate in a class action lawsuit or class arbitration.
10. Changes to These Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
11. Contact Us
If you have questions about these Terms or our services, please contact us at:
For complaints or disputes, please contact us directly. If unresolved, you may contact the Office of the Privacy Commissioner of Canada or your local consumer protection authority.