Terms of service

Last Updated: Jan 20, 2026

OVERVIEW

This Site is operated by Starfoil Inc. o/a Dragonscale, located at 300 Geary Ave, Suite #308, Toronto ON, M6H2C5, Canada (“Dragonscale”). Throughout the Site, the terms “we”, “us” and “our” refer to Dragonscale.

These Terms constitute a legally binding agreement ("Agreement") between you (“Customer” or “you”) and Dragonscale governing your access to and use of the Dragonscale Site, including any subdomains thereof, and any other Sites through which we make our services available (collectively, "Site"), and all associated services whether provided through the Site, email or any other method (individually, a “Service”, and collectively, "Services").

Dragonscale offers this Site, including all information, tools and Services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in this Agreement.

Our collection and use of personal information in connection with your access to and use of the Site is described in our Privacy Policy.

By visiting our Site and/ or purchasing something from us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink or otherwise. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (each, a “User” and collectively, the “Users”).

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Due to the nature of the Internet, Dragonscale cannot guarantee the continuous and uninterrupted availability and accessibility of the Site or the Services. Dragonscale may restrict the availability of the Services, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. Dragonscale may improve, enhance and modify the Site and to introduce, remove, change or update any Services from time to time. Dragonscale reserves the right at any time to modify or discontinue the Site (or any part thereof) without notice at any time.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a "terrorist supporting" country, and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties.

If goods herein being purchased are being purchased for the purposes of export outside of Canada, you shall be solely responsible for identifying and obtaining any required licenses, permits, or registrations for any post-purchase activities they wish to engage in. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside Canada. Dragonscale shall not be liable to you for any use or activity mentioned within this Section.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

In order to access and use the Site and place an Order you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. You must be of legal age to form a binding contract to register an account (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your parent or legal guardian to read these Terms and agree to them for you before they use the Site for your benefit. If you are a parent or legal guardian and you provide your consent to your child's use of the Site or any Services, then you agree to be bound by these Terms with respect to your child’s use of the Site and any Services.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 – MODIFICATIONS

Dragonscale reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Site after the date on which the Terms have changed, Dragonscale will treat your access to or use of the Site as acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to the Site or use of Services will constitute acceptance of the revised Terms.

Dragonscale reserves the right to change the Fees for any product or service on the Site at any time and for any reason whatsoever. Such Fee changes will not affect any Orders made prior to the effective date of the Fee change. Dragonscale shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site (or any party thereof).

SECTION 5 - MAKING ORDERS

All Orders (as defined below) may have additional shipping and handling charges, which may vary by the quantity of items ordered and the shipping location of the user. Dragonscale shall deliver all Accepted Orders to the shipping address detailed in your order submission. You are solely responsible for ensuring that shipping and billing information is accurate and correct. In some circumstances, international shipping may be available. Please contact Dragonscale for more information on international shipping rates and whether or not it is available in your jurisdiction.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD-PARTY SERVICES

The Site may contain links to third-party websites, resources, services or products (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Dragonscale is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Dragonscale of such Third-Party Services. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or Services of third-parties.

Certain goods and services provided on, by or through the Site may be provided by third-party vendors. Any goods and services provided by third-party vendors may be subject to separate terms and conditions and liability waivers, as well as local laws and regulations. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-Party Services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 – SHIPPING AND DELIVERY

Dragonscale can ship orders almost anywhere in the world, provided that Dragonscale reserves the right to cancel any order where Dragonscale chooses not to fulfil such shipment. Prior to submitting an order on the checkout page, you will be required to input your shipping address and will receive an estimate of shipping costs. Upon acceptance of your Purchase Order, we will arrange for shipment of your goods to you. Purchase Orders are typically shipped within 1 - 3 business days after payment and acceptance by Dragonscale. Packages are typically delivered within 3 - 14 business days (Canada and the United States only), whereas international orders (outside of Canada and the United States) may take between 7 - 28 business days.

Dragonscale reserves the right to apply a fixed shipping charge regardless of the size of the Purchase Order and the goods to be delivered thereof. Dragonscale does not offer free shipping to vendors. You will pay all shipping and handling charges unless otherwise specified in your invoice or Purchase Order.

Where Dragonscale does not have any goods in an order in stock, Dragonscale may ship the goods that are available and ship the out of stock goods as soon as they become available. Where two shipments are required due to a good in an order being out of stock, Dragonscale agrees to pay for the additional shipping expense and may provide you with an additional tracking number for any additional shipments. While Dragonscale may provide an estimated shipping time on the order submission page, no shipping estimate is intended to be a guarantee of when you can expect to have your order.

In certain circumstances, Dragonscale may decide, in its sole discretion, that it is necessary to cancel an order and initiate corresponding refunds. This may be (i) where Dragonscale does not have any goods in an order in stock; (ii) where Dragonscale believes in good faith, while taking the legitimate interests of all parties into account, this is necessary to avoid significant harm to Dragonscale, other customers, third parties or property, or (iii) for any of the reasons set out in these Terms.

You acknowledge and agree that all goods and services on the Site are provided ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

Any use by you of goods or services offered on or through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 9 - INTELLECTUAL PROPERTY

Dragonscale may, at its sole discretion, enable users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Site ("User Content"); and (ii) access and view User Content and any content that Dragonscale itself makes available on or through the Site, including proprietary Dragonscale content and any content licensed or authorized for use by or through Dragonscale from a third party ("Dragonscale Content" and together with User Content, "Collective Content").

The Site, Dragonscale Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Site and Dragonscale Content, including all associated intellectual property rights, are the exclusive property of Dragonscale and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Dragonscale Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Dragonscale used on or in connection with the Site and Dragonscale Content are trademarks or registered trademarks of Dragonscale in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Dragonscale Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dragonscale or its licensors, except for the licenses and rights expressly granted in these Terms.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Site, you grant to Dragonscale a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Site, in any media or platform. Insofar as User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Dragonscale does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

Users are solely responsible for all User Content that Users make available on or through the Site. Accordingly, Users represent and warrant that: (i) Users either are the sole and exclusive owner of all User Content that Users make available on or through the Site or Users have all rights, licenses, consents and releases that are necessary to grant to Dragonscale the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor Users posting, uploading, publication, submission or transmittal of the User Content or Dragonscale’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Users will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates these Terms or any other Dragonscale policy. Dragonscale may, without prior notice, remove or disable access to any User Content that Dragonscale finds to be in violation of applicable law, these Terms or Dragonscale’s then-current policies, or otherwise may be harmful or objectionable to Dragonscale, the userbase of the Site, any other third parties, or property.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.

SECTION 13 - PROHIBITED USES

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. In connection with your use of the Site, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Privacy Policy;
• use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Dragonscale endorsement, partnership or otherwise misleads others as to your affiliation with Dragonscale;
• copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Site in any way that is inconsistent with Dragonscale’s Privacy Policy or these Terms or that otherwise violates the privacy rights of users or third parties;
• use the Site in connection with the distribution of unsolicited commercial messages ("spam");
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• engage in any violence, harassment or sexual misconduct against anyone;
• misuse or abuse the Site or Services, as determined by Dragonscale in its sole discretion.
• use, display, mirror or frame the Site or Collective Content, or any individual element within the Site, Dragonscale's name, any Dragonscale trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Dragonscale's express written consent;
• dilute, tarnish or otherwise harm the Dragonscale brand in any way, including through unauthorized use of Collective Content, registering and/or using Dragonscale or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Dragonscale domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Dragonscale or any of Dragonscale's providers or any other third party to protect the Site;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site;
• export, re-export, import, or transfer the Application except as authorized by Canadian law, the export control laws of your jurisdiction, and any other applicable laws;
• violate or infringe anyone else’s rights or otherwise cause harm to anyone;
• to solicit others to perform or participate in any unlawful acts;
• submit false or misleading information;
• upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect any user, the functionality or operation of the Service or of any related Site, other Sites, or the Internet;
•  to collect or track the personal information of others;

We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, DRAGONSCALE CONTENT, DELIVERY OF ANY GOODS OR PRODUCTS TO YOU, AVAILABILITY OF ANY GOODS OR PRODUCTS AND USE OF ANY GOODS OR PRODUCTS REMAINS ENTIRELY WITH YOU. DRAGONSCALE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, DRAGONSCALE CONTENT, GOODS OR PRODUCTS AND ANY ANCILLARY OR RELATED SERVICES THEREOF (INCLUDING THIRD-PARTY SERVICES) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE SITE, DRAGONSCALE CONTENT OR ANY PRODUCTS AND GOODS, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF SITE, SERVICES, DRAGONSCALE CONTENT OR ANY ANCILLARY OR RELATED SERVICES THEREOF (INCLUDING THIRD-PARTY SERVICES), OR (IV) FROM YOUR PROVISION OR USE OF ANY PRODUCTS AND GOODS BY YOU OR ANY THIRD-PARTY THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DRAGONSCALE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO REFUND AMOUNTS TO YOU PURSUANT TO THESE TERMS, IN NO EVENT WILL DRAGONSCALE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, ORDER FORM OR PURSUANT TO ANY PURCHASE ORDER INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE THE SITE OR DRAGONSCALE CONTENT AND IN CONNECTION WITH ANY PRODUCTS AND GOODS EXCEED THE AGGREGATE AMOUNT YOU HAVE PAID FOR SUCH PRODUCT OR GOOD OR ONE HUNDRED CANADIAN DOLLARS (CAD$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRAGONSCALE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 15 – INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to release, defend (at Dragonscale’ option), indemnify, and hold Dragonscale and its affiliates and subsidiaries, including but not limited to, Dragonscale’ officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Site, Services or any product or good, (iii) your or any third-parties use of any product or good, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such use, or (iv) your breach of any laws, regulations or third party rights.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – PAYMENT POLICIES

Users may place orders by selecting the quantity of goods that they would like to purchase and placing them in the cart (“Order”). To submit an Order, users must provide complete and accurate personal and billing information, as required by Dragonscale from time to time, to process the Order. Orders will not be accepted and are not binding upon Dragonscale until accepted by Dragonscale (“Accepted Order”).

Orders placed outside of Dragonscale’s business hours will not be accepted until the next business day. Upon an order being accepted, you will receive an email confirmation summarizing the details and payment obligations of such order. Payment shall be due immediately upon submitting an order to Dragonscale. Dragonscale may, in its sole discretion, choose to invoice parts of an order separately.

All prices listed on the Site are indicated as an invitation to treat, without prejudice, and are not contractually binding. Terms of payment are within Dragonscale’s sole discretion.

Dragonscale may charge fees to users ("Fees") in consideration for the use of the Site and Services, in connection with the processing of any orders, payment processing or for delivery and shipment of any Order.

Any applicable Fees (including any applicable Taxes) will be displayed to users prior to submitting an order on the Site. Dragonscale reserves the right to change the Fees at any time by posting such changes on the Site. Such fee changes will not affect any purchases made prior to the effective date of the fee change; provided that, if there be a change of Fees after an Order has been submitted, Dragonscale reserves the right to either cancel the order or notify the Customer of the revised price and await the Customer’s confirmation before proceeding with processing the new Fees and the revised Order.

You are responsible for paying any Fees that you owe to Dragonscale immediately upon submitting any order to Dragonscale. Except as otherwise provided in these Terms, all Fees are non-refundable. Dragonscale reserves the right to make adjustments to the availability of any goods, pricing, offers and discounts (if any) due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Dragonscale uses reasonable efforts to include accurate and up-to-date information on the Site, Dragonscale makes no warranties or representations as to the accuracy of any Dragonscale Content on the Site. Dragonscale assumes no liability or responsibility for any errors or omissions in the Dragonscale Content.

Dragonscale reserves the right to make changes to and correct errors in quoted prices at any time before your Order has been accepted by Dragonscale. Dragonscale will notify you via email if there are any changes to Fees outstanding, whether due to error or an adjustment as provided hereunder, and you agree to pay the same as if the corrected Fees were presented to you at the time of making your original Order.

You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where you are located may require Taxes to be collected from you on Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Fees set by Dragonscale ("Taxes"). You are solely responsible for sales and all other Taxes associated with any order.

SECTION 19 – RETURNS, EXCHANGES AND REFUNDS

Within 30 days of receiving an Order (“Return Period”), you may request a return or refund by contacting Dragonscale as provided herein. Some goods may have alternate return policies, as listed in the product description on the Site.

All returns made during the Return Period shall be subject to acceptance or rejection, in its sole discretion, upon Dragonscale’s receipt and inspection of the product. Returns will only be accepted for goods with intact packaging that show no signs of tampering, use, abuse, wear or damage to the product or its packaging. Customers are solely responsible for return shipping, except in the case of Improper Orders.

Upon acceptance of a return, payment is typically refunded between 3 to 5 business days after Dragonscale’s acceptance. In the event that Dragonscale rejects a return, Customer acknowledges and agrees that Customer may be required to pay return shipping in advance or Dragonscale processing shipment of the product back to the Customer. In the event that Customer fails to pay return shipping within 30 days of Dragonscale’s request thereof, Customer shall be deemed to have forfeited such products and goods to Dragonscale, which shall then retain sole title and ownership to the same.

In the event that you receive defective goods, including damaged product packaging and products with a broken seal, or some goods are missing upon delivery of your Order (“Improper Orders”), You may request a return or exchange for any parts of the Improper Order by contacting Dragonscale (“Order Modification Request”) within 48 hours after receipt of such Improper Order (“Improper Order Period”), and by providing the following information: Customer’s full name, order number, list of items that are damaged or missing from the order, sufficient photographic or videographic evidence demonstrating that there is an Improper Order, contact details (e-mail and phone number), and a brief description of the issue. Dragonscale may initiate an investigation of any Order Modification Request, including, if requested, to have Customer ship the Improper Order to Dragonscale.

Upon Dragonscale completing its investigation pursuant to an Improper Order and being satisfied, in its sole discretion, that the Order Modification Request is true and accurate, Dragonscale may, in its sole discretion, and only upon Dragonscale’s receipt of the Improper Order, offer the You: (i) a purchase credit for future orders on the Site, (ii) offer to deliver the same items to You again or any parts thereof, or (iii) issue a full refund for such Improper Order. Dragonscale will not accept requests to initiate a refund or return after the expiration of applicable time periods described in this Section, unless Dragonscale provides written consent to initiate a return or refund outside of such time periods. Initial shipping fees are non-refundable. You shall pay for return shipping costs.

Once you have submitted an Order, there is no guarantee that you will be able to cancel or modify such order. If you request a modification or cancellation of an order within 24 hours making such order (“Modification Period”), Dragonscale may attempt to modify or cancel such order, but at no time shall Dragonscale be obligated to modify or cancel any order. After the expiration of the Modification Period, you may not make an order modification or cancellation request. Instead, you must wait until they receive the order and then request a refund in accordance with this Section.

Dragonscale reserves the right to cancel, amend and/or refund orders placed without prior consultation.

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law principles, and these laws apply to the Site, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom, unless we both agree to some other location. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The Site is intended for use only in jurisdictions where it may lawfully be offered for use.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 – GENERAL

No joint venture, partnership, employment, or agency relationship exists between you and Dragonscale as a result of this Agreement or your use of the Site.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Dragonscale’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Dragonscale’s prior written consent. Dragonscale may, at its sole discretion, without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder. Your right to terminate this Agreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to users permitted or required under this Agreement, will be provided electronically and given by Dragonscale via email, Site notification, or messaging service (including SMS).

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@dragonscalesupplies.com.