Wholesale Terms of Sale

OVERVIEW
The terms “we”, “us” and “our” and Seam Fishing refer to Seam Fishing Gear Limited. 

The below terms and conditions, together with any policies referenced herein (these “Wholesale Terms of Sale” or “Terms”) describe your rights and obligations.

Please read these Wholesale Terms of Sale carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By placing an order, you agree to be bound by these Wholesale Terms of Sale and our Privacy Policy https://seamfishing.com/policies/privacy-policy. 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Wholesale Terms of Sale, you represent that you are at least the age of majority in your state or province of residence.,. You represent and warrant that all the information you provide  is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products including in our online stores, and in information packets. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, notwithstanding our receipt of payment, you are making an offer to purchase. Seam Fishing reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Seam Fishing confirms acceptance. Please review your order carefully before submitting, as Seam Fishing may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. ORDERS PLACED FOR CUSTOMIZED PRODUCTS ARE NON-REFUNDABLE ONCE ACCEPTED BY SEAM FISHING. 

SECTION 4 - PRICES AND BILLING
ALL PRICING INFORMATION PROVIDED TO YOU IS COMMERCIALLY CONFIDENTIAL INFORMATION OF SEAM FISHING WHICH YOU AGREE TO KEEP CONFIDENTIAL. Prices, discounts and promotions are subject to change without notice. Any quote provided to you is only valid for a period of 30 days after which the price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated,  prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
Unless otherwise agreed by us in writing, we are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our products and any services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Seam Fishing, its affiliates or licensors and are protected by  intellectual property laws.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Seam Fishing. Unauthorized use of our products or services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Seam Fishing. Seam Fishing’s names, logos, product and service names, designs, and slogans are trademarks of Seam Fishing or its affiliates or licensors. You must not use such trademarks without the prior written permission of Seam Fishing. All other names, logos, product and service names, designs, and slogans on products are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of our services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered 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 8 - THIRD-PARTY LINKS
Our services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. 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 and services should be directed to the third-party.

SECTION 9 – REFUND POLICY

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return. To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. To start a return, you can contact us at rowan@seamfishing.com If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right. CUSTOM PRODUCTS (SUCH AS LASER ENGRAVED PRODUCTS) CANNOT BE RETURNED.


SECTION 10 - PRIVACY POLICY
All personal information we collect through our interactions with you are subject to our Privacy Policy, which can be viewed here: https://seamfishing.com/policies/privacy-policy

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), to us, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote our products and services and to perform our obligations and exercise our rights under the Wholesale Terms of Sale. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback..You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).


SECTION 13 - TERMINATION
We may terminate this agreement at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We will refund you for any portion of the Services we have not shipped as of the date of termination.  The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 14 - DISCLAIMER OF WARRANTIES

The frames and ceramic coating or our nets are warranted against defects in workmanship or material for 10 years from the date of original purchase. The rubber netting basket is warranted against defects in workmanship or material for 120 days from the date of original purchase and is subject to a 1 time replacement. The warranty is not transferrable except in the case of a reseller authorized by Seam Fishing. Proof of purchase is required. All warranty claims are subject to approval by Seam Fishing. All warranty work must be performed by SEAM Fishing. The cost of shipping to and from our facility is not included. Seam Fishing reserves the right to replace or repair products at its option. If a product design is no longer offered, Seam Fishing may replace the product with a similar product. Warranty coverage does not extend to normal wear and tear, abuse or abnormal use. Scratches, dents, colour fading on the frame or ceramic coating is not warrantied.

EXCEPT AS EXPRESSLY STATED ABOVE,  ALL PRODUCTS OFFERED  ARE 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. 

SECTION 15 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Seam Fishing, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS,  AND THEIR AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR PURCHASE OR PROCUREMENT OF ANY PRODUCT,

SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Seam Fishing, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Wholesale Terms of Sale or, (2) your violation of any law or the rights of a third party.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 17 - SEVERABILITY
In the event that any provision of these Wholesale Terms of Sale 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 Wholesale Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Wholesale Terms of Sale shall not constitute a waiver of such right or provision. These Wholesale Terms of Sale 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 Wholesale Terms of Service). Any ambiguities in the interpretation of these Wholesale Terms of Sale shall not be construed against the drafting party.

SECTION 19 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Wholesale Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 20 - GOVERNING LAW
These Wholesale Terms of Sale and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Newfoundland and Labrador and the laws of Canada applicable therein. Any dispute shall be litigated in and before a court located in the city of St, John’s in the province of Newfoundland and Labrador to the exclusion of a court in any other location or jurisdiction. You and Seam Fishing consent to venue and personal jurisdiction in such courts.

SECTION 21 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 22 - CONTACT INFORMATION
Questions about the Wholesale Terms of Sale should be sent to us at rowan@seamfishing.com.