Terms and Conditions

BEAR VICE – TERMS AND CONDITIONS

Acceptance of Terms 

  1. These Terms and Conditions (the “Terms”) govern access to and use of www.bearvice.ca (the “Website”) and the purchase of products offered for sale through the Website (collectively, the “Products”). The Website and Products are offered by Alberta 2780586 Ltd., carrying on business as Bear Vice (“Bear Vice,” “we,” “us,” or “our”).

  2. By accessing or using the Website, creating an account, or submitting an order through the Website, the person accessing the Website or purchasing a Product (the “Customer” or “you”) agrees to be bound by these Terms and the Privacy Policy. If you do not agree, you must not use the Website or submit an order.

  3. Before purchasing a Product, you must separately review and expressly accept the Product Liability Waiver, Assumption of Risks, Release of Liability and Indemnity Agreement (the “Product Waiver”) presented during checkout. The Product Waiver forms part of the agreement between you and Bear Vice but requires an acceptance separate from your acceptance of these Terms.

  4. The Privacy Policy, Product Waiver, applicable Product description, compatibility information, safety warnings, instructions, return policy, and the order confirmation provided to you are incorporated into and form part of the agreement between you and Bear Vice (collectively, the “Agreement”).

  5. If there is an inconsistency among the documents forming the Agreement, the order confirmation controls with respect to the Product ordered, quantity, price, taxes, shipping charges, and delivery information; the Product Waiver controls with respect to the assumption and allocation of Product related risks; the safety warnings and instructions control with respect to installation, handling, inspection, maintenance, and use; and these Terms control in all other respects.


The Website and Products

  1. The Website provides information about Bear Vice and permits Customers to purchase Products. Bear Vice may correct errors or update Website content, Product descriptions, prices, and availability at any time.

  2. The Product is a removable device intended to secure or lock the closure of a compatible bear spray canister. Unless expressly stated otherwise, the Product does not include a bear spray canister or bear spray.

  3. Photographs, drawings, colours, dimensions, and other Product information are provided for general information. Minor differences that do not materially affect the intended function of the Product may occur. 


Eligibility and Customer Information 

  1. You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract.

  2. You must provide complete and accurate contact, billing, payment, and shipping information. If the Website permits you to create an account, you are responsible for keeping your login credentials confidential and for activity conducted through your account.


Orders, Prices, and Payment 

  1. Products displayed on the Website are invitations to submit an order. Your order is an offer to purchase the selected Product on the terms displayed during checkout. Bear Vice accepts the order when it sends an order acceptance or shipping confirmation, or ships the Product, whichever occurs first.

  2. Before submitting an order, you will have an opportunity to review and correct the Product, quantity, price, taxes, shipping charges, delivery information, and total amount payable.

  3. Prices are stated in [CANADIAN DOLLARS] and exclude applicable taxes, shipping charges, customs duties, and other amounts unless expressly stated otherwise. All amounts payable will be disclosed before you submit the order.

  4. You authorize Bear Vice and its payment processor to charge the selected payment method for the order. You represent that you are authorized to use that payment method.

  5. Bear Vice may reject or cancel an order because of Product unavailability, an obvious pricing or description error, payment failure, suspected fraud, shipping restrictions, or other reasonable grounds. If Bear Vice cancels an order after receiving payment, it will refund the amount paid for the cancelled order.

  6. Bear Vice will provide an electronic order confirmation containing the details of the transaction and access to the applicable Terms. You are responsible for retaining a copy for your records.  


Shipping and Delivery

  1. Available shipping methods, charges, restrictions, and estimated delivery dates will be disclosed during checkout. Delivery dates are estimates unless Bear Vice expressly agrees otherwise in writing.

  2. You are responsible for providing a complete and accurate delivery address. You must promptly notify Bear Vice at info@bearvice.ca if a Product is damaged during shipping, incomplete, or different from the Product ordered.

  3. Nothing about the Product authorizes the transportation of a bear spray canister. You remain responsible for complying with all laws, carrier requirements, aviation restrictions, workplace rules, and other requirements applicable to the possession or transportation of bear spray.


Returns and Refunds

  1. Subject to applicable law, you may request authorization to return a Product within fourteen (14) days after delivery by contacting info@bearvice.ca. Unless the Product is defective or was damaged when delivered, it must be unused, unmodified, undamaged, and returned with all components and original packaging.

  2. Except where applicable law requires otherwise, you are responsible for return shipping costs. Approved refunds will be issued to the original payment method after Bear Vice receives and inspects the returned Product.

  3. Nothing in these Terms limits any cancellation, refund, warranty, or other right that cannot lawfully be excluded under applicable consumer protection legislation.


Product Compatibility and Safe Use

  1. The Product may be used only with the bear spray canister brands, models, sizes, and closure configurations expressly identified by Bear Vice as compatible. Similar appearance does not establish compatibility. 

  2. Before installing or using the Product, you must read and follow all Product warnings and instructions and the bear spray canister manufacturer’s label, instructions, expiry requirements, and safety directions.

  3. The Product is intended only as an additional safety measure. It does not replace the canister’s original safety mechanism, proper handling, inspection, training, or secure storage, and it cannot eliminate every risk of accidental discharge, Product failure, injury, death, contamination, property damage, or loss.

  4. The Product must be completely removed before the bear spray canister can be deployed. Use of the Product may delay access to bear spray in an emergency. You are responsible for practicing the removal procedure and determining whether the Product is appropriate for your intended use.

  5. You must inspect the Product and canister before each use. You must not use a Product that is damaged, worn, deformed, modified, or improperly fitting, or use it with a damaged, leaking, recalled, or expired canister.


Use of the Website and Intellectual Property

  1. You may use the Website only for lawful personal purposes. You must not interfere with the Website, attempt unauthorized access, introduce malicious code, make a fraudulent purchase, scrape Website content, or use the Website in a manner that infringes another person’s rights.

  2. The Website, Product designs, photographs, drawings, text, logos, trademarks, instructions, safety materials, and other content are owned by, or licensed to, Bear Vice and are protected by applicable intellectual property laws. No right to reproduce, manufacture, modify, or commercialize any Product or Website content is granted by these Terms or by the purchase of a Product.


Privacy and Electronic Communications

  1. Bear Vice collects, uses, and discloses personal information as described in its Privacy Policy and applicable law.

  2. You consent to receive electronic communications relating to your account, order, delivery, Product instructions, safety notices, corrective actions, and recalls. Consent to receive marketing communications will be requested separately where required by law.


Disclaimers and Limitation of Liability

  1. The Website and Products are provided subject to any express written warranty supplied by Bear Vice and any rights that cannot lawfully be excluded. To the maximum extent permitted by law, Bear Vice disclaims all other express or implied warranties and conditions, including merchantability, fitness for a particular purpose, durability, and compatibility.

  2. Bear Vice does not warrant that the Website will always be available or error free, or that the Product will prevent every accidental discharge, failure, injury, wildlife incident, property damage, contamination event, or delay in accessing bear spray.

  3. At no time shall Bear Vice be liable for indirect, incidental, special, punitive, or consequential damages arising from the Website, an order, or a Product.

  4. The Product Waiver governs the assumption and allocation of risks associated with the possession, installation, storage, transportation, handling, and use of the Product with a bear spray canister.


General

  1. These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta. Subject to any mandatory consumer rights or forum available under applicable law, the courts of Alberta have jurisdiction over disputes arising from these Terms, the Website, an order, or a Product.

  2. Bear Vice may update these Terms by posting a revised version on the Website. The Terms in effect when you submit an order govern that order unless a change is required by law or agreed by you.

  3. If any provision of these Terms is invalid or unenforceable, the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver of that provision.

  4. These Terms, the Privacy Policy, the Product Waiver, the applicable Product description, safety instructions, and order confirmation constitute the agreement between you and Bear Vice concerning the Website and your purchase.

  5. Contact Information: Questions, notices, return requests, and Product safety or incident reports may be directed to Alberta 2780586 Ltd., carrying on business as Bear Vice, at 220 4 St S, Lethbridge, AB T1J 4J, info@bearvice.ca.