Legal Information

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

1. Your agreement with these conditions

These terms and conditions (the “Terms”) represent a legally binding contractual agreement between you (“you”) and Fugu Creation Inc. (“Fugu Creation”, “we”, and “our”) with respect to your use of any website operated by or on behalf of Fugu Creation). This website, or distinct parts and features thereof, may be operated by one or more service providers in accordance with agreements with Fugu Creation.

By using a website, you:

1. declare that you have reached the legal age of majority in your jurisdiction of residence.
2. state that you agree to be legally bound by all of the terms of these terms as they govern your access and use of the website and all services, products, materials or information available on or through the website.
3. agree to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT AGREE TO BE LEGALLY BOUND AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE. We suggest that you print a copy of these conditions for your records.

2. Product, content and specifications

All features, content, specifications, products and prices of products and services described or illustrated on www.fugu-creation.com and any other website that we link to these Terms (together, this “website” ), are subject to change at any time without notice. Some weights, measurements, and similar descriptions are approximate and are provided to you for convenience only. Fugu Creation makes reasonable efforts to accurately display the attributes of our products, including applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display these colors. The inclusion of any product or service on this website at any particular time does not imply or warrant that such products or services will be available at all times. You are responsible for checking and complying with all applicable local, provincial / territorial, federal and international laws (including those relating to minimum age requirements) regarding the possession, use and sale of any item purchased from this website. By placing an order, you agree and confirm that the products purchased will only be used legitimately. All products are sold for use in the home, in private (no admission fee), in non-public performance and shall not be reproduced.

3. Payment, shipping and ordering limitations

When an order is placed, it will be shipped to the address designated by the purchaser, provided the shipping address complies with the shipping restrictions set out on this website. All purchases made on this website are made under a shipping contract. Therefore, the risk of loss and the rights in any items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for making a claim to the carriers for any damaged or lost shipment.

Your order will be invoiced to you at the time your order is placed in accordance with our payment policies in the Terms and Conditions.

For our cancellation and return policies, click here.

Although we usually confirm orders by email, receipt of an email confirming an order does not constitute our acceptance of that order or our confirmation of an offer to sell any product or service. We reserve the right, without notice, to limit the quantity of a product or service in an order, or to refuse service to a customer. We may also require the verification of information prior to the acceptance and shipment of an order.

Without limiting the generality of any other section of these Terms, Fugu Creation reserves the right to limit or refuse any order you place with us. In addition, we reserve the right to verify the validity of all orders and / or cancel any order if we find evidence of fraud, tampering and / or any other violation of the terms of these Terms. We may, in our sole and absolute discretion, limit or cancel the quantities purchased per person, per household or per order with or without notice. These restrictions may include orders placed by or on the same account, with the same credit card and / or orders using the same billing and / or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through a website to certain addresses. In the event that we are unable or choose not to ship an item, you will be notified accordingly and the amount for that item invoiced in connection with your order will be reduced accordingly. Fugu Creation also reserves the right, at its sole discretion, to prohibit sales to distributors or resellers..

4. We can check the orders

All orders are subject to verification by Fugu Creation at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Fugu Creation):

1. for the purpose of verifying the legitimacy of any order and / or other information.
2. to verify that you are authorized to place an order in accordance with these Terms (for example to verify your age)
3. for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms of these Terms.

In order to protect you and Fugu Creation from fraudulent transactions, we may provide your transaction information to a third party organization to perform anti-fraud verification. Accordingly, when you place an order on a website, you agree to our disclosure of information relating to your transaction to a third party.

5. Accuracy of information

We try to ensure that the information on this website is complete, accurate and up to date. Despite our best efforts, information on this website may be inaccurate, incomplete or out of date from time to time. We make no representation as to the completeness, accuracy or updating of this website. For example, the products included on this website may not be available, may have different features than those listed, or have a different price than that shown on this website. Additionally, we may make changes to pricing and availability information without notice.

6. Use of this website

The design of this website and all text, graphics, information, content and other material displayed on or downloaded from this website are protected by copyright and trademark laws and other laws and may only be used in accordance with these terms and conditions or with the prior written permission of the owner of such material. Software and other technological components are the property of their owners. The contents of this website are copyrighted by Fugu Creation Inc. or its subsidiaries and / or suppliers. All rights reserved. You may not, in any way, modify the information or material displayed on or downloadable from this website, or reproduce, display, publicly produce, distribute or use any such information or material for any commercial or public purpose. it would be. Any unauthorized use of such information or material may violate copyright laws, trademark laws, privacy laws and all other laws and regulations.

7. Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of Fugu Creation or its affiliates. Other trademarks, trade names and service marks used or displayed on this website are registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing on this website grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of Fugu Creation or any other owner.

8. Links to this website

It is prohibited to create or maintain a link from another website to any page on this website without our prior written permission. You may not open or display this website or any information or material displayed on this website in frames or by similar means on any other website without our prior written permission. All authorized links to this website must comply with all applicable laws, regulations and regulations.

9. Third party links

From time to time, this website may contain links to websites which are not owned, operated or controlled by Fugu Creation or its respective subsidiaries. All of these links are provided to you for convenience only. To use these links, you will need to leave this website. Neither we nor any of our affiliates are responsible for the content, material or other information on or accessible from any other website. We do not endorse, warrant, make any representation, or any of our affiliates, endorse, warrant or make any representation, in relation to any other website, or any content, material or other information found or accessible on other websites, or in relation to the results you may obtain from using other websites. If you decide to access other websites linked to this website or from this website, you do so entirely at your own risk.

10. Inappropriate material

You are prohibited from posting or transmitting any illegal, threatening, defamatory, obscene, pornographic or blasphemous material or any material which could constitute or encourage behavior which would be considered a criminal act or which could give rise to civil liability or could be in violation of a law. In addition to all remedies we may have at law or in equity, if we determine, in our sole discretion, that you have been in violation or that you are likely in violation of the aforementioned prohibitions, we may take any action that we deem it necessary to remedy or prevent the infringement, including, without limitation, the immediate removal of related material from this website. We will fully cooperate with law enforcement, court order or subpoena requiring or directing us to disclose the identity of anyone who has posted such material.

11. User information and code of conduct

All information other than personal information, which is subject to the Privacy Policy, any material, evaluation, advice, information, suggestion, idea, concept, know-how, technique, question, comment or other communication that you send to Fugu Creation by this website or in any way (“user communications”), are and will be considered non-confidential and non-proprietary.

You hereby agree not to use the website to upload, post, communicate or otherwise submit or transmit via or to the website any user communications that:

1. may, in Fugu Creation’s sole and absolute discretion, degrade, denigrate, tarnish or belittle Fugu Creation and / or the public image or position in the community of Fugu Creation provided it is understood that this does not should not be construed as prohibiting you from expressing your true and honest experience with Fugu Creation or its products in a manner prohibited by applicable law. 
2. are deemed, in Fugu Creation’s sole and absolute discretion, to contain, represent, include, discuss or involve, without limitation, any of the following: nudity; alcohol / drug use or smoking; explicit or graphic sexual activity, or sexual innuendo; coarse, vulgar or offensive language and / or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other group; content that approves, condones and / or discusses any illegal, inappropriate or risky behavior or behavior; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic) without their consent; commercial messages, comparisons or solicitations for products or services other than Fugu Creation products; all identifiable third party products, trademarks, brands and / or logos, other than those sold by Fugu Creation; conduct or other activities in violation of these Terms; and / or any other content which is or could be considered inappropriate or offensive, all as determined by Fugu Creation in its sole and absolute discretion. 
3. contain any reference or resemblance to identifiable third parties, unless consent has been obtained from each of such individuals and their parent / legal guardian if they have not reached the age of majority in his jurisdiction of residence.
4. infringe or could infringe the intellectual property rights, rights of privacy, rights of publicity or other property rights of others or give rise to demands for payment of any kind whatsoever.
5. contain viruses, Trojans, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. contain (in any format or medium) music, logos, trademarks or other copyrighted material (for example, photographs, images, text, lyrics, etc.) unless you have first obtained the consent of the owner of such materials.

If you submit user communications that constitute or include a review of Fugu Creation or any of the products on our website, you agree that such user communications represent your true and honest experience with us and these products. Additionally, if you received an incentive in connection with your review, for example, if you received a free product, coupon, contest entry, or other benefit, you should clearly and prominently disclose it in your review. .

You hereby agree not to use the website to:

1. disrupt, place unreasonable loads or excessive loads, interfere with or attempt to gain unauthorized access to any part of the website.
2. collect information about others without their consent; and or
3. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

You agree not to engage in any prohibited or unauthorized use of the Fugu Creation website or systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords or misuse of any information on the Web Site.

We, along with our respective affiliates and delegates, may use all user communications for any reason, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacture or marketing, in any way, for any commercial or non-commercial purpose. To this end, by providing us with user communications, you grant us a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to post, transmit, perform, display, translate, modify, alter, edit, create derivative works from, and in any other way use these user communications for any purpose, including, without limitation, for advertising and promotional purposes, in any medium , now or subsequently known, even if these conditions are subsequently modified or terminated; and you waive all moral rights relating to your user communications in favor of Fugu Creation and any person authorized by Fugu Creation to reproduce or otherwise use user communications.

We may, but are not obligated to, monitor or review any communication from the user. We will not be under any obligation to use, return, review or respond to any User Communication. We will not be responsible for the content of any such user communication, whether under copyright, libel, privacy, obscenity or other laws. We retain the right to remove any user communication that includes material that we deem inappropriate or unacceptable.

12. Account name and password

You are required to have an account name and password for certain activities on the website. We may cancel or suspend, at any time, your account name and password, at our discretion, without notice or recourse, for you or any other person. We are under no obligation to verify the actual identity or authority of any person using the account name or password to access and use the website. We may at any time require proof of identity from any person requesting access and use of the website, and we may deny access if we are not satisfied with such proof. You are fully responsible for the security of your account name and password and for any use or misuse. You agree to notify us immediately of any unauthorized use of your account. Neither Fugu Creation nor any of our service providers assume any responsibility, or be liable, for any damages arising out of or related to your failure to keep your account password secure, or the termination of your account after reporting a security breach to us.

13. Favorites list

By creating a favorites list, you confirm that you have reached the age of majority in the province / territory in which you live and you consent to Fugu Creation collecting, using and disclosing personal information relating to my favorites list of Fugu Creation (the “Favorites”) in order to facilitate its purpose. Fugu Creation sometimes uses its favorites list to convey communications or special offers to such individuals that Fugu Creation believes may be of interest to them. By creating a favorites list, you agree to receive such communications and offers from Fugu Creation, by mail or otherwise. You can later withdraw your consent to such communications.

To provide this service and keep Fugu Creation favorites, a personal information file containing personal information about me will be created and kept by Fugu Creation in Canada. When personal information is held or processed outside of Canada, it is subject to the laws of the foreign jurisdiction, and may be accessible to the governments of that jurisdiction, its courts or its law enforcement and regulatory authorities. Only those Fugu Creation employees whose duties include posting information on the Fugu Creation website, monitoring or maintaining the Wish List and other matters relating to this registry will have access to my file. If I wish to consult my file or request that corrections be made, I can do so by sending a request by email to the address “info@fugu-creation.com”.

14. Electronic communications

When you visit this website or send e-mail to us, you are communicating with us electronically. You agree to receive electronic communications from us. If you have agreed to receive commercial electronic messages from us, you can withdraw that consent by using the unsubscribe link in our commercial messages. We may communicate with you by electronic mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we send to you electronically meet the legal requirements that such communications be in writing.

15. Contests

All contests are governed by this Agreement, the applicable contest rules and applicable laws. By entering a contest through the website, you signify your acceptance of these terms and conditions, the contest rules, and applicable laws.

16. Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING PARTICULARLY THE WARRANTY OF MERCHANTABILITY, THE GUARANTEE OF FITNESS FOR A PARTICULAR PURPOSE OR THE GUARANTEE OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FUGU CREATION, OUR SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES GUARANTEES THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED THROUGH THIS WEB SITE MAY BE OUT OF date, AND NEITHER FUGU CREATION, OUR SERVICE PROVIDERS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUME ANY OBLIGATION TO IMPLEMENT ANY DAY ON SUCH INFORMATION, MATERIAL OR SERVICES. THE EXCLUSIONS OF IMPLIED WARRANTIES SET FORTH ABOVE DO NOT APPLY, TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS TO KNOW THESE PROHIBITIONS.

COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS OF THE WEBSITE ONLY. THE VIEWS EXPRESSED ON THE WEBSITE AND IN USER COMMUNICATIONS DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF FUGU CREATION. FUGU CREATION IS NOT RESPONSIBLE AND DISCLAIMS ALL RESPONSIBILITY RELATING TO USER COMMUNICATIONS PUBLISHED, DOWNLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE.

ALL PRODUCTS AND / OR SERVICES DESCRIBED ON THE WEBSITE ARE AVAILABLE IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT BE LEGALLY MADE, OR TO ANY PERSON TO WHOM IT IS ILLEGAL TO MAKE A SOLICITATION.

WE HEREBY EXPRESSLY DISCLAIM ANY LIABILITY RELATING TO ANY CLAIMS CAUSED BY NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE OF CODES, OR ILLEGAL PROPERTY. THE ABOVE IMPLIED WARRANTIES EXCLUSIONS DO NOT APPLY, TO THE EXTENT PROHIBITED BY LAW.

17. Limitations of liability

Neither Fugu Creation nor our service providers assume any responsibility, or be liable, for any damage or virus that may infect your computer, device, telecommunications equipment or other property caused by or arising from your access to, using or browsing this website, or downloading any information or material from this website.

IN NO EVENT WILL FUGU CREATION OR OUR SERVICE PROVIDERS, OR ANY OF ITS DIRECTORS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, HOLDERS, OR ANY OF THE PARTIES INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB, WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, (INCLUDING IN PARTICULAR, DAMAGES ARISING FROM LOSS OF PROFITS, LOSS OF DATA OR LOSS OF OPERATION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON THESE WEBSITES , WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS OF LIABILITY DO NOT APPLY, TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS TO KNOW THESE PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, SHALL BE TO CONTACT FUGU CREATION INC., IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICY POSTED ON THIS WEBSITE.

18. Revisions to these terms and conditions

These terms and conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by announcements or legal terms on certain pages of this website. Your continued use of this website in any form of notice will signify your acceptance of the revised terms and conditions of this agreement.

19. Conflict of law; legislative competence

For users who do not reside in the province of Quebec, this Agreement, your use of this website, and all related matters are governed solely by the laws of the Province of Ontario, Canada, and by applicable federal laws of Canada, to the exclusion of the rules of private international law or conflict of laws, which would lead to the application of other laws. This Agreement, your use of this website, and all related matters are governed solely by the laws of the Province of Ontario, Canada, and by the applicable federal laws of Canada, excluding the rules of private international law or conflict of laws, which would lead to the application of other laws. Any dispute between us and you or any other person, attributable to, relating to or related to this website, this Agreement or any other related matter, shall be resolved in the courts of the Province of Ontario sitting in the City of Toronto. , Ontario, Canada; you hereby assert and irrevocably acknowledge the exclusive trial jurisdiction of such courts with respect to such litigation or matters. To the extent permitted by law, any action or cause of action you may bring that is attributable to, relating to or related to your use of this website, this Agreement or any related matter, must be brought in court jurisdiction of the City of Toronto, Ontario, Canada, within two (2) years after the action or cause of action is raised, after which the action or cause of action will be forever void, regardless of any legislation or law to the contrary.

For users who are individuals residing in the province of Quebec, this agreement, your use of this website, and all related matters are governed only by the laws of the province of Quebec, Canada, and by applicable federal laws of Canada, to the exclusion of the rules of private international law or conflict of laws, which would lead to the application of other laws. Any dispute between us and you or any other person, attributable to, relating to or related to this website, this agreement or any other related matter, must be resolved in the courts of the province of Quebec sitting in the city of Montreal, Quebec, Canada; you hereby assert and irrevocably acknowledge the exclusive trial jurisdiction of such courts with respect to such litigation or matters. To the extent permitted by law, any action or cause of action you may bring that is attributable to, relating to or related to your use of this website, this Agreement or any related matter, must be brought in court. competent authority of the City of Montreal, Quebec, Canada, within two (2) years after the action or cause of action is raised, after which the action or cause of action will be forever void, regardless any legislation or law to the contrary.

20. Termination

Both parties may suspend or terminate your account or your use of this website at any time, for any reason or without cause. You are personally responsible for all orders placed or costs incurred through your account prior to termination. We reserve the right to modify, suspend or terminate any aspect of this website, at any time, without notice.

21. Additional assistance

If you do not understand any of the above terms and conditions or have any questions or comments, we invite you to contact us at info@fugu-creation.com.

Unless stated otherwise, promotions, discounts and offers cannot be combined.

22. Severability

If any provision of these Terms is found to be illegal, void or unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

23. No Waiver

No failure by Fugu Creation to enforce any part of these Terms will constitute a waiver of any of our rights under these Terms, whether for past or future actions by any person. Neither the receipt of funds by Fugu Creation nor the fact that anyone relies on our actions will be considered a waiver of any part of these Terms. Only a specific written waiver signed by an authorized representative of Fugu Creation will have any legal effect whatsoever.