Balsam Promotions Website Terms and Conditions of Use and Sale
Last Updated: May 30, 2025
1. GENERAL
Ray Jack Investments Inc. o/a Balsam Promotions (“Balsam Promotions”, “we”, “us”, “our”) provides products and services to you (“you” or “your”), subject to the notices, terms, and conditions set forth in this agreement and any other terms and conditions that may appear on our website from time to time, or that are incorporated into these terms or therein by reference (the “Terms and Conditions”). These Terms and Conditions, together with our Privacy Policy, govern our relationship with you with respect to your use of our website www.balsampromotions.com and the features, tools materials or services available on the website (the “Site”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. YOUR ACCESSING, BROWSING OR OTHERWISE USING THE SITE (INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES USING THE SITE) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EFFECT AT THE TIME YOU ACCESS THE SITE (INCLUDING THOSE TERMS AND CONDITIONS RELATING TO THE PURCHASE OF PRODUCTS OR SERVICES).
By accessing the Site, you accept and agree to be bound and comply with these Terms and Conditions, our Privacy Policy, found HERE and incorporated herein by reference.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, DO NOT USE OR ACCESS THE SITE.
Ability to Accept Terms
You affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions. If you are accessing the Site on behalf of a corporation or other organization, you represent and warrant that you are authorized to access the Site and enter into these Terms and Conditions on its behalf.
THIS SITE AND THE PRODUCTS AVAILABLE ON THIS SITE ARE FOR COMMERCIAL USE ONLY AND MAY NOT BE PURCHASED BY CONSUMERS FOR PERSONAL OR NON-COMMERCIAL USE.
Modifications
We reserve the right to change, modify, alter or otherwise update the Terms and Conditions applicable to this Site at any time without prior written notice and in our sole and absolute discretion (including pricing and additional charges, delivery requirements, refund, shipping or exchange policies). We will update the “Last Updated” date, above, when we make a change. You should regularly review these Terms, as it is your responsibility to verify if any changes have been made. However, in the event of any material changes to these Terms and Conditions, we will notify you by posting a prominent notice on this Site. Your continued use of this Site following any such changes, modifications, alterations or updates constitutes your acceptance of the revised Terms and Conditions.
Access
We do not guarantee that the Site, or any of its content, will always be available or uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all parts of the Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period. We further reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
2. PRIVACY POLICY
Our privacy practices respecting the personal information we collect during your visit to this Site or in the context of a purchase transaction are explained in our Privacy Policy. As noted above, the Privacy Policy forms part of these Terms and Conditions.
3. ORDERS; TERMS OF SALE
By placing an order with us for a product displayed on our Site (each a “Product”), you are (i) offering to purchase the Product, (ii) representing that all information you provide to us in connection with such order is true and accurate, and (iii) representing that you are an authorized user of the payment method provided.
When you submit your order by pressing the “Place Order” button or confirming your order via e-mail, describing among other things the Product(s) to be ordered, the purchase price and any applicable charges, the order will constitute an offer from you to Balsam Promotions to purchase the Product(s) described in the order confirmation, for the price and applicable charges set out in the order confirmation.
Orders are not binding on Balsam Promotions until accepted by Balsam Promotions, and are always subject to Balsam Promotions’ right to modify or cancel your order (as set out below). Balsam Promotions’ acceptance of your order will be evidenced by return e-mail from Balsam Promotions to your e-mail address indicating that your order has been accepted.
Please note that when you send us your order, we may verify certain information before the order is fulfilled, including, without limitation, your personal information, your payment information, your creditworthiness, or take other steps to detect or protect against fraud or theft.
These Terms and Conditions constitute a separate contract between you and Balsam Promotions for each purchase of a Product, and any defect or deficiency in any one transaction shall not entitle you to cancel any transaction for the purchase of other Product(s), whether ordered at the same time or not.
We reserve the right, in our sole discretion, to at any time (including after you have submitted your order) and without liability to you: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the Products or services offered; (c) change or update information in connection with any Products or services offered; (d) limit or cancel quantities purchased per person, per household or per order (such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address), and (e) modify or cancel your order, whether or not the order has been confirmed. If we modify your order, we will attempt to give you prior notice of this and we will provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will notify you by contacting you via the contact information you provided at the time the order was made. It is your responsibility to ensure that your contact information is accurate. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including re-sellers.
You may request to cancel or modify an order within 24 hours of placing the order. Due to the unique nature of the Products, cancellations and modifications are not guaranteed but Balsam will make reasonable efforts to complete cancellations and modifications if possible, as determined in its sole discretion.
If your payment method has already been charged for an order that is later modified or cancelled, we shall issue you a refund in the amount of the incorrect price back to your original method of payment.
Any payments made by any credit card are subject to the approval of the financial institution that has issued the credit card. All charges will be billed to the payment method that you select during the checkout process. By providing us with your payment method, you hereby authorize us to charge the full amount due for your purchase to such payment method. YOU ARE RESPONSIBLE FOR PAYING THESE AMOUNTS.
4. PRODUCT & PRICING INFORMATION
Although the Site is accessible worldwide, not all Products offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Balsam Promotions reserves the right to limit, in its sole discretion, the provision and quantity of any Product to any person or geographic area. Any offer for any Product made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You agree not to sell or resell any Products you purchase or otherwise receive from us.
Balsam Promotions attempts to be accurate in describing all Products available for sale; however, Balsam Promotions does not warrant that Product descriptions or other content of this Site are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. Balsam Promotions is not responsible for typographical errors regarding the price or any other matter indicated nor can we guarantee that your monitor will accurately portray the actual colours of the Products or that the actual colours of the Products will be consistent from Product to Product, due to dye lot variances. Products and packaging may vary from that shown on images on the Site.
The availability of certain Products may be limited and/or not be available for immediate delivery. Balsam Promotions may cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that Balsam Promotions is unable to deliver a Product ordered, we will notify you via e-mail and either your order will be automatically cancelled if the Product is unavailable or we will contact you to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available. All prices are subject to change.
Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes, dues, customs charges, import duties, or other fees of any kind (including without limitation any banking fees charged on international credit card payments). Separate charges for shipping and handling and taxes will be determined at the time of shipping and invoiced to you. For greater clarity, all prices are quoted exclusive of shipping costs unless requested by you and specified in the order confirmation. You are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes, charges, duties or other fees associated with the order which may be charged in your jurisdiction.
You must not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Balsam Promotions.
5. SHIPPING; RISK OF LOSS
A business/working day is a regular work day (i.e., Monday to Friday) in Ontario. Business/working days do not include weekends or Canadian or Ontario statutory holidays.
Orders received between Monday and Friday are usually processed within five (5) business days. Orders are not processed on statutory holidays or weekends. Orders received on Saturday and Sunday are usually processed by 5PM Eastern Time on the following Monday. Orders received on statutory holidays are usually processed the next business day.
We will send an email notification to the email address you provided in your order once your order has shipped.
We will make commercially reasonable efforts to ensure the Products will be delivered on or before the date indicated in the order confirmation (the “Delivery Date”) at the location provided by you on checkout (the “Delivery Point”).
All Products are delivered via third party delivery companies, pursuant to a shipping contract. We reserve the right to choose any and all procedures, packaging and common carriers to ship Products; however, we generally ship Products by courier. Shipping and delivery dates are estimates only and cannot be guaranteed. We may not be able to ship to post office boxes, to certain addresses or on certain days. We are not liable for any delays in shipments. We reserve the right to ship any order in multiple boxes or shipments.
We are not responsible for any errors you make in order contents or delivery address entry or if you are not available to receive the order. In case an order gets returned to us due to your data entry error or absence of recipient at the time of delivery, we will reship the Products to you, in which case an additional fee will apply.
We will deliver the Products to you FCA our facility (Incoterms® 2020). Title to the Products passes to you when the Products are loaded with the carrier at our facility. Without limiting the generality of the foregoing, we assume no control over and are not responsible for weather-related damages occurred during Product transit after shipping or damages resulting from other causes beyond our reasonable control.
6. RETURNS; REFUNDS; WARRANTIES FOR DEFECTIVE PRODUCTS
You must inspect the Products within forty-eight (48) hours of receipt (“Inspection Period”). You will be deemed to have accepted the Products unless you notify us in writing of any Non-Conforming Products during the Inspection Period and furnish such written evidence or other documentation as reasonably required by us. “Non-Conforming Goods” means only the following: (i) product shipped is different than identified in the order confirmation; or (ii) Products are visibly damaged upon delivery.
If you notify us of any Non-Conforming Products during the Inspection Period, we will, at our option: (i) replace the Non-Conforming Products with conforming Products, or (ii) provide a credit or refund equal to the actual price paid for such Non-Conforming Products. If you request a replacement of the Non-Conforming Products, we will, subject to availability of conforming Products, ship to you, such replacement Products within a reasonable time.
We warrant that the Products are free from material defects in material and workmanship. We are not liable for a breach of the warranty set forth in this Section 6 unless you give us written notice of the defect, reasonably described, and we reasonably verify your claim that the Products are defective. With respect to any such defective Products, we shall, in our sole discretion, either: (a) repair or replace such Products (or the defective part) or (b) provide a credit or refund equal to the actual price paid by Client for the Products.
You acknowledge and agree that the remedies set forth in this Section 6 are your exclusive remedies for the delivery of Non-Conforming Products and any breach of the limited warranty provided in this Section 6. Except as provided under Section 6, all sales of Products are made on a one-way basis and you have a right to return Products.
7. ACCOUNT SECURITY
For any portion of the Site that requires the creation of an account, you are responsible for all use of your account (under any user name or password), including purchases made using your account, and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Providing false contact information of any kind may result in the termination of your account.
You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You agree that your use of the Site and account shall be in accordance with applicable law. You agree to immediately notify us of any unauthorized uses of your account or any other breaches of security on the Site.
8. LINKS TO OTHER SITES
From time to time we may include links from our Site to sites that are owned by entities that are not affiliated with Balsam Promotions. Balsam Promotions does not operate or control the content of these third party sites. We also do not control the goods or services offered through these sites. When and if you access one of these sites through a link on the Site, you do so at your own risk. When you click on the link from our Site to the other site, you actually leave our Site. Your use of such other sites is governed by the terms of use of such sites, which may include different terms and conditions surrounding the use of your personal information. You should carefully review the conditions of use, privacy policies and other legal documents of any site which you access through a link on the Site. Balsam Promotions expressly disclaims any liability for your use of any other sites and any issues you may experience while you are visiting any other site(s).
9. PROHIBITED USES
By accessing and using this Site you agree to comply with all content and conduct standards set forth in these Terms and Conditions and with applicable laws. By way of example, and not limitation, unless otherwise specifically permitted herein, you shall not:
- use the Site to harm us or any other person;
- interfere with the operation of the Site;
- use the Site to collect or harvest any personal information;
- upload or transmit any communications or content of any type on the Site that may infringe or violate any rights of any party;
- use the Site to post or transmit material that is unlawful, discriminatory, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity;
- submit false or misleading information to the Site;
- upload any virus, worm, Trojan horse, time bomb, malware, or any other code intended to damage any hardware or software or operations;
- disable, “hack” or otherwise interfere with the proper functioning or security features of the Site;
- exploit the Site or any portion of it in any way, including without limitation reproducing, copying, distributing, displaying, framing, translating, modifying, reverse-engineering, disassembling, or decompiling any information, products, services or content provided through or obtained from the Site; or
- make any commercial use of any of the information provided on the Site.
Any use of the Site in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Site, and an immediate revocation of any license(s) granted in these Terms and Conditions without notice to you.
10. COPYRIGHTS AND TRADE-MARKS
All content published and made available on the Site is protected under Canadian copyright laws and are the property of the Balsam Promotions. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of the Site. You may not modify or delete or create derivative works of our content unless you have our prior written permission or as may be permissible under Canadian fair dealing rules. If we do not display specific restrictions you may make copies of specific portions of the content but only for personal use. Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Balsam Promotions or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Site, are the property of their respective owners. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by Balsam Promotions.
The content on the Site may contain omissions, errors, or may be out of date. The content on the Site is provided for informational purposes only and Balsam Promotions is under no obligation to keep the content updated, except as required by applicable law. Balsam Promotions may, in its sole discretion, change, delete, update, modify or otherwise alter the content on the Site at any time without providing notice to you.
11. SITE MONITORING
Balsam Promotions may monitor the access to its Site and other activities in relation to its Site for quality control or any other purpose and may intervene in this regard. You consent to such monitoring and intervention should Balsam Promotions elect to do so, in its sole discretion.
12. EXCLUSION AND DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
For the purposes of this Section, “Balsam Promotions” shall include Balsam Promotions and its affiliates, and their respective directors, officers, employees, agents, licensors, successors and assigns, and any third party suppliers or contractors.
Disclaimer of Warranties
THE FOLLOWING EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED HEREIN. BALSAM PROMOTIONS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS SITE, ITS SUITABILITY FOR USE, OR THAT IT’S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED, ACCURATE, SECURE, FREE FROM MALWARE OR ERROR-FREE. BALSAM PROMOTIONS DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS SITE AND ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION PROVIDED OR PURCHASED THROUGH OR ON THIS SITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES AND BALSAM PROMOTIONS DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO: i. UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, ii. ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION HEREIN; OR iii. MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
BALSAM PROMOTIONS DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS AND CONDITIONS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BALSAM PROMOTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE OR THE GOODS AND SERVICES OFFERED ON THE SITE; ANY LINKED SITES OR OTHER THIRD-PARTY SITES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE SITE; OR CONTENT, MATERIALS, OR INFORMATION ON THE SITE, EVEN IF BALSAM PROMOTIONS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BALSAM PROMOTIONS BE LIABLE FOR: DAMAGES OR LOSSES RESULTING FROM VIRUSES INCLUDING COMPUTER OR WEB BASED VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF SAME OR TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, BALSAM PROMOTIONS’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR ANY OTHER EVENTS BEYOND THE REASONABLE CONTROL OF BALSAM PROMOTIONS.
IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, BALSAM PROMOTIONS IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS SITE OR THE PRODUCTS, IN NO CASE SHALL BALSAM PROMOTIONS’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THESE TERMS AND CONDITIONS AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS AND CONDITIONS OR THIS SITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS AND CONDITIONS.
Indemnification
To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless Balsam Promotions from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs, arising out of or relating to your breach of these Terms and Conditions or your use or misuse of the Site, Content or the Products and services available on the Site.
13. BINDING EFFECT
The Terms and Conditions shall enure to the benefit of and are binding upon the parties hereto and their respective heirs, successors and assigns.
14. GOVERNING LAW
The Terms and Conditions and any disputes arising out of these Terms and Conditions shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
15. DISPUTE RESOLUTION
You acknowledge and agree that any dispute that may arise with Balsam Promotions in respect of these Terms and Conditions and the transactions contemplated herein shall be resolved by the Courts sitting in the city of Toronto, in the Province of Ontario and you hereby irrevocably submit to the non-exclusive jurisdiction and venue of these Courts.
16. SEVERABILITY
Should any provision or part of any provision of these Terms and Conditions be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.
17. JURISDICTION
The owner of the Site is based in Canada. Balsam Promotions makes no representation that content, materials, information or Products provided on or through this Site are appropriate or available for use, or licensed/registered, in other locations or jurisdictions. Those who choose to access this Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. NO WAIVER
Balsam Promotions’ failure to enforce any provision(s) of these Terms and Conditions or to respond to a breach by you or any third party of these Terms and Conditions shall not in any way waive the right of Balsam Promotions to subsequently enforce any of the Terms and Conditions contained herein or to act with respect to other similar or future breaches.
19. ENTIRE AGREEMENT
The Terms and Conditions, together with all other agreements, terms or conditions incorporated or referred to herein, constitute the entire agreement between you and Balsam Promotions with respect to the use of this Site and any transaction conducted on or from this Site, and its contents supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing by an authorized representative of Balsam Promotions, or by Balsam Promotions making such amendments or modifications available to it pursuant to the Terms and Conditions hereof.
20. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of Balsam Promotions.
21. CONTACTING US
If you would like to contact us to understand more about these Terms and Conditions or wish to contact us concerning any matter relating to the Site, you may contact us at: info@balsampromotions.com
