These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" means an individual if you are acting on your own behalf or the legal entity you represent) and Barision Inc. ("Barision"). By placing an order or purchasing any product ("Product") from Barision, you agree to the following terms of sale ("Terms"), as well as Barision's Privacy Policy. Barision reserves the right to update these Terms from time to time, and you agree to review the most current version each time you make a purchase.

1. PLACING AN ORDER

   1. These Terms apply to all orders for Products that you place with Barision. You acknowledge and agree that the information provided on the Barision website may contain technical inaccuracies or typographical errors. The Barision website, all content on it and all related communications are provided on an "AS IS" basis. Barision makes no warranties or representations as to the completeness, accuracy, adequacy or reliability of any information provided on the Barision website.

   2. To place an order, you must:

      1. provide current, complete and accurate information requested by Barision, including but not limited to your name, organization name (if applicable), postal address, contact telephone number and email address;

      2. provide correct and valid payment details accepted by Barision and/or its payment processors;

      3. comply at all times with these Terms and applicable laws, including the requirement to be 18 years of age or older.

   3. You specifically agree that Barision may use the information you provide solely for the purpose of fulfilling your order, that Barision may rely on the accuracy of the information you provide, and that Barision will have no liability to you or any third party for any loss or claim arising from any misrepresentation by you.

   4. All Products are intended for end consumers only. You may not purchase Products for resale, and Barision reserves the right to refuse or cancel your order and deny you any right of return if Barision has reason to believe that you are purchasing for resale.

2. DELIVERY AND SHIPMENT

   1. All orders are subject to confirmation by Barision and Barision may, at its sole discretion, refuse to accept any order. In the event that you have been charged for an order that is subsequently rejected by Barision, Barision will refund the relevant amount by a method selected by Barision in its sole reasonable discretion.

   2. Barision will use reasonable endeavours to meet your delivery time requirements. However, delivery time requirements are subject to availability of resources at the time the order is placed. Accordingly, Barision will not be liable for any delays or losses arising from failure to meet the agreed delivery time.

   3. All shipments are FCA (Incoterms 2000) from Barision warehouses or its distribution centres. Risk of loss of or damage to the Products passes to you when the Products are handed over to the carrier and you are solely responsible for settling any claims against the carrier in the event of loss of or damage to the goods in transit.

   4. You must promptly inspect the contents of the delivery. In the event of any shortage or non-conformity of the Products delivered, you must notify Barision immediately. Please check your order carefully as Barision will not accept any claims for shortages or defects after five (5) days from delivery of the Products.

3. PRICING AND PAYMENT

   1. All prices are quoted in United States Dollars (USD) unless otherwise stated in writing. If payment is made in a currency other than USD, the exchange rate in effect at the time your payment is processed, not the date your order is placed, will apply. Barision reserves the right to change its standard prices without prior notice.

   2. The prices listed do not include, and you agree to pay: (a) all applicable federal, state and local taxes (including but not limited to sales tax, consumption tax, value added tax, withholding taxes), unless you provide Barision with valid documentation evidencing your tax exemption; and (b) all fees and expenses related to shipping, customs clearance, duties and brokerage services. Barision may charge sales tax on the sale of Products. Such taxes and fees will be collected at the time of shipment of the Product in the case of a pre-order and at the time of checkout for commercially available Products.

   3. If your order is a pre-order for a Product that is not yet available for delivery, the price of the Product will be charged to you at the time of pre-order and applicable taxes and shipping costs will be charged when the Product is actually shipped to you. You may not cancel such pre-order or request a refund unless Barision fails to ship the Product within thirty-six (36) months from the date you place your pre-order. Barision may use third party payment processors to process orders and payments. As such, your bank statement may show the third party’s name as the payee.

   4. If your credit card authorization is denied for any reason, you will be responsible for all fees and charges associated with such denial, plus interest on the amount due. The interest rate will be the lesser of 1.5% per month or the maximum rate permitted by applicable law, from the date your credit card authorization is denied. Barision may, in its sole discretion, delay shipment or cancel your order if your credit card or other payment information is denied.

4. RETURNS

   1. You may return Products to Barision within thirty (30) days of receipt for a credit, provided the Products are unused, new and in their original packaging, and in accordance with Barision's return procedure. You are solely responsible for all shipping costs associated with returning Products. Please contact Barision for information on the return procedure. You acknowledge and agree that this 30-day return policy is deemed to satisfy any applicable statutory "cooling-off periods" and you waive all such statutory rights.

5. OWNERSHIP, INTELLECTUAL PROPERTY AND USE RESTRICTIONS

   1. Ownership of the Products you purchase will pass to you upon full payment for such Products in accordance with Section 3 of these Terms.

   2. Nothing in these Terms is intended to transfer any intellectual or other property rights, including but not limited to any right, title or interest in or to any patent, copyright, trademark or industrial design, whether registered or unregistered, relating to the Products or any component thereof. All rights not expressly granted under these Terms are reserved by Barision.

   3. You may not, and you undertake not to permit any third party to, copy, reproduce, distribute, modify, decompile, disassemble or reverse engineer any Products provided to you by Barision.

6. MODIFICATIONS

   1. Except as expressly provided in these Terms, you may not modify or cancel any order previously accepted by Barision or obtain a refund for any Product ordered without Barision’s prior written consent.

   2. Barision reserves the right to make changes to the design of its Products without any obligation to make similar changes to Products previously supplied to you.

7. COMPLIANCE WITH LAWS

   1. Each party shall comply with all applicable laws, ordinances, codes and regulations of government agencies (including import and export laws and regulations), including federal, state, local and municipal regulations of any country having jurisdiction over its obligations under this agreement. You agree to indemnify Barision for any losses arising from your failure to comply with such laws, ordinances, codes and regulations.

8. WARRANTIES

   1. Barision's warranty obligations with respect to the Product are set forth in the warranty card included with the Product upon shipment and are also available from Barision upon request. This warranty is the only warranty provided by Barision to you. Barision disclaims all other representations, warranties and conditions, express or implied, including, but not limited to, any express or implied representations, warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, non-infringement or any other warranties or conditions arising by law, custom or trade practice with respect to the Products provided hereunder. Some jurisdictions do not allow the exclusion or limitation of implied warranties or conditions. To the maximum extent permitted by law, any implied warranties or conditions with respect to the Product that cannot be excluded as set out above are limited to six (6) months from the date of delivery of the Product to you.

   2. Barision is under no obligation to provide any support or maintenance services with respect to the Products unless such obligation is expressly provided for in a separate written agreement between you and Barision. However, this provision does not limit Barision's warranty obligations.

9. LIMITATION OF LIABILITY

   1. In no event will Barision be liable under these Terms for any damages other than your direct damages arising from Barision’s gross negligence or wilful misconduct, and in no event will Barision’s aggregate liability exceed the amounts paid by you to Barision for the Product giving rise to the claim. No claim may be brought against Barision, whether in contract, tort or otherwise, more than two (2) years after the date of delivery of the Product.

   2. Except for direct damages as provided in Section 9, and to the maximum extent permitted by law, in no event will Barision be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to damages for loss of profits, data, use or other benefits, whether such damages were foreseeable or not and whether Barision was advised of the possibility of their occurrence.

10. CANCELLATION AND TERMINATION

    1. Barision may cancel any order by written notice to you and stop any Products in the process of being delivered to you and suspend the supply of Products to you without penalty if: (a) you are in material breach of these Terms and fail to cure such breach within thirty (30) days of receipt of notice of the breach; or (b) you become a party to any legal proceedings relating to your solvency or your assets are placed into receivership or administration.

11. MISCELLANEOUS

    1. These Terms constitute the entire agreement between the parties with respect to your order and purchase of the Product, and the sale of the Product to you by Barision, and supersede all prior agreements relating to the subject matter of these Terms. These Terms may not be amended, supplemented or modified except by a written instrument signed by an authorized representative of Barision. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed from these Terms without affecting the validity of the remaining provisions. No failure or omission by either party with respect to any provision of these Terms shall operate as a waiver unless such waiver is in writing and signed by the party concerned. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Electronic Transactions Act shall apply to these Terms or to the sale of the Product to you. These Terms and all claims related to the Product shall be governed by and construed in accordance with the laws of the Province of Ontario. The parties expressly agree that these Terms and all related documents shall be drafted in English. This is a voluntary expression of the parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

12. PROHIBITION ON RESELLING

    1. Consumers are prohibited from purchasing products from Barision.com for resale on any online platform, including but not limited to Amazon, eBay and Walmart.com.

13. CONTACT INFORMATION

    1. If you have any questions or require further information regarding these Terms, please contact Barision at info@Barision.com. Please note that email is not a completely secure method of communication, so please do not include credit card details or other sensitive information in your emails. For contractual purposes, you consent to receive notices from us electronically and you acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically will be deemed to comply with any legal requirement that such communications be in writing. This term does not affect your statutory rights in relation to electronic communications.

       Please read our Privacy Policy

14. EXCLUSIVENESS OF PROMOTIONS

    1. Exclusivity of Promotions

       Any promotions, discounts or special offers advertised on our official website or through any official Barision communication channels (including but not limited to email newsletters, social media accounts and official announcements) apply solely to purchases made directly through Barision.com.

    2. Purchases from other retailers

       Promotions and discounts advertised through our official channels do not apply to purchases made from other retailers, third party websites or physical stores that may offer our products, unless explicitly stated otherwise. Barision is not responsible for any promotions, discounts or special offers available from other retailers and such promotions are subject to the terms and conditions of the relevant retailers.

    3. Promotion Details and Terms and Conditions

       The details, terms and conditions of participation in each promotion are set out in the relevant promotion description. It is your sole responsibility to read and understand these details before participating in any promotion. Failure to meet the stated criteria may result in your exclusion from the promotion.

    4. Promotion Periods and Changes

       We reserve the right to change, extend or terminate any promotion at our sole discretion without prior notice. Such changes may include adjustments to promotion periods, discount amounts, eligibility criteria and promotional codes. We will not be liable for any losses or inconvenience caused by such changes.

    5. Dispute Resolution

       If you have any questions, disputes or complaints regarding the promotions or their application, please contact our customer service at info@Barision.com.

    6. Changes to Terms

       We reserve the right to change these Terms of Service at any time by posting updated terms on our website. Your continued use of the website following such changes constitutes your acceptance of the updated Terms of Service.

15. LOYALTY PROGRAM

    1. Terms of participation in the loyalty program

       To receive rewards under our loyalty program, the order must be placed at the promotional price without any special discounts or incentives applied. Orders on which special discounts or incentives have been applied will not be eligible for accrual of rewards or points under the loyalty program. Such special discounts or incentives include, but are not limited to, promotional codes, bulk orders, gift cards, bonus points, employee discounts or any other discounts determined in our sole discretion.