Terms of service
OVERVIEW
Welcome to House of Allaire. House of Allaire is an Ontario sole proprietorship operated by Brigitte McPartland. The terms “we,” “us” and “our” refer to House of Allaire.
House of Allaire operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). House of Allaire is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them (collectively, the “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access the Services.
Nothing in these Terms limits or excludes any rights or remedies that cannot lawfully be limited or excluded under applicable consumer-protection law.
SECTION 1 - ACCESS AND ACCOUNTS
By agreeing to these Terms, 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 and have given your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to represent our products accurately through photographs, descriptions, measurements and condition notes. Colours and appearance may vary slightly from how they appear on your screen because of device type, display settings and lighting.
Many House of Allaire products are vintage or pre-owned. Vintage pieces may show natural signs of age, previous wear, repairs, variations or other characteristics consistent with their history. We make reasonable efforts to identify and disclose material condition issues that we observe. Measurements are approximate and may vary slightly depending on how an item is measured. Customers are encouraged to review all photographs, descriptions, measurements and condition notes carefully and to contact us before ordering if clarification is needed.
Except for rights that cannot lawfully be excluded, subjective differences in fit, colour perception, texture or expectations do not make a product defective or materially misdescribed when the product corresponds to its description, photographs, measurements and disclosed condition.
All product descriptions, availability and prices are subject to change before an order is accepted. We reserve the right to discontinue a product at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS, FINAL SALE AND CANCELLATIONS
When you place an order, you are making an offer to purchase. House of Allaire reserves the right to accept or decline an order for a lawful reason, including suspected fraud, an error in product information or pricing, product unavailability, or an inability to deliver to the address provided. An order is not accepted until we confirm acceptance and successfully process payment.
Please review your order carefully before submitting it. Unless otherwise stated on the product page, vintage and pre-owned pieces are final sale and are not eligible for return or exchange for change of mind, fit, preference or other non-statutory reasons. This final-sale policy does not limit rights or remedies that may apply when an item arrives damaged, defective or materially different from its description.
We may be unable to accommodate cancellation or order-change requests after an order is placed. If you contact us promptly before an order has been processed or fulfilled, we may choose to accommodate a request, but we do not guarantee that we can do so unless required by applicable law.
If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided with the order. If payment has been collected for an order we cancel, we will issue the appropriate refund.
Purchases are otherwise subject to our Return and Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice before an order is accepted. The price charged will be the price shown at checkout when the order is placed and will be stated in the order confirmation. Unless expressly stated otherwise, displayed product prices do not include applicable taxes, shipping, handling, customs duties or import charges.
Prices displayed in our online store may differ from prices offered through third parties. We may offer promotions governed by separate terms. If separate promotion terms conflict with these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate purchase, payment and account information. You agree to update your account information, including your email address and payment details, as needed so that we can complete transactions and contact you.
You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the selected payment method, and that you will pay all properly disclosed charges associated with your order.
SECTION 5 - SHIPPING AND DELIVERY
Order processing, shipping destinations, available shipping services and related information are described in our Shipping Policy.
Processing and delivery times are estimates and are not guaranteed. Delivery may be affected by carrier operations, customs processing, weather, service interruptions, incorrect or incomplete address information, or other events outside our reasonable control. We are not responsible for a delay caused solely by an event outside our reasonable control, but we will provide reasonable assistance when a shipment is delayed, lost or damaged in transit.
If an order appears lost or arrives damaged, please contact us promptly at hello@houseofallaire.com with the order number and relevant photographs or other information. We will review the matter and respond in accordance with our policies and applicable law.
Nothing in this section limits any shipping, delivery, refund or other rights that cannot lawfully be excluded.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including our trademarks, brand elements, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement of those materials, are owned by House of Allaire, its affiliates or licensors and are protected by Canadian and applicable international copyright, trademark and other intellectual-property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where permitted by law.
Except as expressly stated in these Terms, nothing grants you a licence or other right under any copyright, trademark or other intellectual property belonging to House of Allaire, Shopify or any third party. All rights not expressly granted are reserved.
The House of Allaire name, logos, product and service names, designs and slogans are trademarks or other brand identifiers of House of Allaire or its licensors and may not be used without prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos and brand identifiers appearing through the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services. We do not monitor or control those tools.
To the extent permitted by law, access to optional third-party tools is provided “as is” and “as available” without warranties, representations, conditions or endorsement. We are not liable for matters arising solely from your use of optional third-party tools. Any use of those tools is at your own discretion, and you should review and understand the third party’s applicable terms and policies.
We may offer new features, tools or resources through the Services in the future. Those features will form part of the Services and will be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials or links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access a third-party site, you do so at your own discretion.
To the extent permitted by law, we are not liable for harm arising solely from your access to a third-party website or your purchase or use of products, services, resources or content offered by a third party. Review the third party’s policies before entering into a transaction. Questions or complaints about a third party’s products or services should be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
House of Allaire is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with House of Allaire. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and House of Allaire, including any injury, damage or loss resulting from purchased products and services. To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with House of Allaire.
SECTION 10 - PRIVACY
Personal information we collect through the Services is handled according to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have had the opportunity to review these policies.
Because the Services are hosted by Shopify, Shopify collects and processes information about access to and use of the Services to provide and improve the Services. Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, which may be located outside the country where you reside. Our Privacy Policy provides further information about how House of Allaire, Shopify and our service providers process personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for lawful business purposes, including operating, evaluating, improving and promoting the Services.
You represent and warrant that you own or have the rights needed to submit the Feedback, that you have disclosed any compensation or incentive connected with it, and that it complies with these Terms and applicable law.
We are not obligated to keep Feedback confidential, pay compensation for it or respond to it. We may monitor, edit or remove Feedback that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise in violation of these Terms.
Feedback must not violate another person’s copyright, trademark, privacy, personality or other rights; contain unlawful, abusive or obscene material; contain malware; use a false identity; or mislead us or others about its origin. You are responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Information available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability. Subject to applicable law, we may correct an error, update information or cancel an affected order. If we cancel an order after collecting payment, we will issue the appropriate refund.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not use the Services, directly or indirectly, to:
(a) engage in unlawful, fraudulent or malicious activity;
(b) violate applicable international, federal, provincial, state or local law;
(c) infringe our intellectual-property rights or the rights of another person;
(d) harass, abuse, threaten, defame, intimidate or harm another person;
(e) transmit false or misleading information;
(f) upload, download, use or distribute material that violates these Terms;
(g) send spam, chain letters or other unauthorized solicitations;
(h) impersonate another person or entity; or
(i) engage in conduct that restricts or inhibits another person’s use of the Services or that may harm House of Allaire, Shopify or users of the Services.
You also agree not to:
(a) upload or transmit viruses, malicious code or other technology that may interfere with the Services;
(b) reproduce, duplicate, copy, extract, sell, resell or exploit any unauthorized portion of the Services;
(c) collect or track another person’s personal information without authorization;
(d) spam, phish, pharm, scrape or pretext the Services;
(e) use a robot, spider, scraping tool, data-extraction tool, automatic device, AI tool or other automated or manual process to access the Services contrary to these Terms, our instructions or applicable law; or
(f) interfere with, bypass or circumvent security, authorization or access-control measures.
We may suspend, disable or terminate access to the Services if we reasonably determine that you have violated these Terms.
SECTION 14 - SOFTWARE AGENTS
14.1 This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed on or through a person’s device without direct supervision.
14.2 An Agent may not access, use or interact with the Services unless it identifies itself and operates in accordance with section 14.4. An Agent may not access, use or interact with the Services if we have requested that it stop doing so.
14.3 We may use reasonable technical measures to limit whether and how an Agent accesses, uses or interacts with the Services.
14.4 An Agent must:
(a) identify itself in HTTP or HTTPS requests and disclose its name in the user-agent string in the format “Agent/[agent name]”;
(b) not conceal or obfuscate that access or interactions originate from an Agent, including by mimicking human behaviour or circumventing CAPTCHAs or similar measures;
(c) respond truthfully to a question or prompt intended to determine whether an interaction comes from a person or a computer; and
(d) not circumvent a measure intended to block, limit, modify or control Agent access to the Services.
SECTION 15 - TERMINATION
Subject to applicable law, we may terminate these Terms or suspend or terminate your access to the Services if you violate these Terms or if discontinuing the Services is reasonably necessary. You remain responsible for amounts properly due up to the termination date.
Sections that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law and Privacy.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general information purposes. We do not warrant that general informational content is complete or suitable for every purpose. Any reliance on general informational content is at your own discretion.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED BY HOUSE OF ALLAIRE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS A REPRESENTATION, WARRANTY, CONDITION, RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING APPLICABLE RIGHTS RELATING TO GOODS THAT ARE DAMAGED, DEFECTIVE OR MATERIALLY MISDESCRIBED.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE OF ALLAIRE AND ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY ARISING FROM FRAUD, FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT OR ANY OTHER MATTER FOR WHICH EXCLUSION OR LIMITATION IS PROHIBITED BY LAW.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless House of Allaire, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages and reasonable legal fees arising from your material breach of these Terms, your violation of applicable law or another person’s rights, or your unlawful misuse of the Services.
We will provide reasonable notice of an indemnifiable claim. A delay in notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond. We may control the defence and settlement of a claim at our expense or, where permitted by law and reasonably appropriate, at your expense. We will not agree to a settlement that imposes a non-monetary obligation on you without your consent, which will not be unreasonably withheld. You agree to provide reasonable cooperation in the defence of an indemnified claim.
SECTION 19 - SEVERABILITY
If a provision of these Terms is determined to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies or operating rules posted through the Services constitute the entire agreement between you and us regarding the Services and supersede prior or contemporaneous agreements, communications and proposals regarding the Services, whether oral or written.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent, and an unauthorized attempt to do so will be void. Subject to applicable law, we may transfer, assign or delegate these Terms and our rights and obligations as part of a reorganization, sale, transfer of the business or similar transaction.
SECTION 22 - GOVERNING LAW
These Terms and any separate agreements through which we provide the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.
Subject to any mandatory rights available under applicable consumer-protection law, the courts located in Ontario will have jurisdiction over disputes arising from these Terms or the Services. Nothing in this section deprives a consumer of the protection of mandatory laws that apply in the place where the consumer resides.
SECTION 23 - HEADINGS
Headings are included for convenience only and do not limit or affect these Terms.
SECTION 24 - CHANGES TO THESE TERMS
You can review the current version of these Terms on this page.
We may update or replace part of these Terms by posting the updated Terms through the Services. Where required by law, we will provide notice of a material change and state when it takes effect. Continued use of the Services after an update takes effect constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms may be sent to hello@houseofallaire.com.
Supplier and contact information:
House of Allaire
Operated by Brigitte McPartland, sole proprietor
Unit 1608, 7 Walmer Rd, M5R 2W8, Toronto, ON
Email: hello@houseofallaire.com
Telephone: 647-962-8712