This agreement (the "Agreement") sets forth the terms and conditions that apply to the purchase of products and/or services (the "Product(s)") from APP Group Inc., also known as Mackage. Mackage reserves the right to change the Agreement without prior written notice at any time, at Mackage’s sole discretion. The terms "you" and "your" refer to the purchaser of Products using the www.mackage.com website (the "Website").

By using the Website to make online purchases of products, you agree to be bound by and accept the terms and conditions set forth in the Agreement, and you represent that you are of legal age to enter into the Agreement and become bound by its terms. The Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

Except as expressly provided for in the Agreement, Mackage does not make or give any representation or warranty with respect to the Products you may purchase from the Website and Mackage’s liability is limited.

1. CONSENT TO USE OF ELECTRONIC DOCUMENTS

You hereby consent to the exchange of information and documents between you and Mackage over the Internet or by e-mail, and that the Agreement (together with any applicable Order Confirmation(s) accepted by Mackage as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between you and Mackage. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES

Your use of the Website is governed by separate Terms of Use and by our Privacy Policy (the "Other Policies"). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of the Agreement shall supersede and take precedence over the provisions of the Other Policies; in the event of any inconsistency between the provisions of the Agreement and those of the Other Policies, the provisions of the Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of the Website.

3. ORDER CONFIRMATION

Before submitting an order for the purchase of Products using the Website, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping, duties (if applicable) and taxes. When you submit your order, such order will constitute an offer from you to Mackage to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Mackage until accepted by Mackage. Mackage’s acceptance of your order is evidenced by (i) return e-mail from Mackage indicating that your order has been accepted; and (ii) the actual shipment of the Products by Mackage to you.

4. CANCELLATION

Mackage reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Mackage will issue a full refund.

5. PRICE

All prices quoted are payable in USD Dollars for purchases made on the United States online store. Although Mackage strives to provide accurate product and pricing information, errors may occur. Mackage reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Mackage cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the Website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Mackage may, at its sole discretion, refuse or cancel your order, whether before or after Mackage’s acceptance thereof. If there is such an error in pricing, Mackage will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.

PRICE INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN USD DOLLARS.

6. PAYMENT TERMS

Terms of payment shall be determined at Mackage’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Mackage. Any payments made by credit card are subject to the approval of the financial institution that has issued your credit card.

7. PRODUCT INFORMATION AND AVAILABILITY

The availability of certain Products may be limited, and Products may not be available for immediate delivery. Mackage may revise or cease to make available any Products at any time without prior notice. In the event that Mackage is unable to deliver to you a Product ordered due to lack of availability, Mackage will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Mackage may, in its sole discretion, contact you in order to give you the option to maintain your order subject to a revised delivery time if and when the Product becomes available.

Mackage attempts to be as accurate as possible in describing all Products available for sale and/or distribution by Mackage. However, Mackage does not warrant that Product descriptions or other content of the Website are always accurate, complete, reliable, current or error-free.

THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY MACKAGE ARE AVAILABLE ONLY IN THE U.S.A. AND THIS ONLINE STORE IS DIRECTED ONLY AT CUSTOMERS AND PROSPECTIVE CUSTOMERS IN THE U.S.A.

8. SHIPPING AND TAXES

Mackage will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Mackage are estimates only. Mackage shall not be responsible for any damages or costs resulting from any delays in delivery.

MACKAGE WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN THE U.S.A. FOR PURCHASES MADE ON THE U.S.A. ONLINE STORE.

FEDEX REQUIRES, UPON DELIVERY, AN ADULT SIGNATURE AS A PROOF OF DELIVERY SO PLEASE ENSURE SOMEONE IS AVAILABLE TO RECEIVE THE PARCEL ON YOUR BEHALF.

Unless otherwise stated, all prices showing on the Website do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping, handling and taxes will be shown on the Order Confirmation for each Order, as applicable.

9. OWNERSHIP AND RISK OF LOSS

All Product(s) purchased from Mackage are delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of remittance by Mackage of the Product(s) to the third-party delivery company. Any claim by you for a failed delivery shall be made by you directly with the shipping company (ex: Fedex) and we will try and assist you in expediting the claim.

10. RETURNS

All Product returns are subject to Mackage’s Return Policy, the terms of which are found here and incorporated herein by reference. Some restrictions may apply.

11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

Mackage offers a Warranty, the terms of which are found here and incorporated here in by reference.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, MACKAGE DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL MACKAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY MACKAGE OR OTHERWISE RELATED TO THE AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.MACKAGE.COM WEBSITE, EVEN IF MACKAGE OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL MACKAGE’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THE AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL MACKAGE BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, MACKAGE’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF MACKAGE.

CERTAIN FEDERAL OR STATE LAWS, AS APPLICABLE, MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

For the purposes of this section, "Mackage" shall include Mackage’s affiliates and Mackage’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.

This section shall survive the termination or expiry of the Agreement.

12. GOVERNING LAW AND JURISDICTION

The Website is controlled and operated by Mackage from Montreal, Province of Quebec, Canada. The Agreement shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13. DISPUTE RESOLUTION

You acknowledge and agree that any dispute that may arise between you and Mackage in respect to the Agreement and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.

14. GOODS NOT FOR RESALE OR EXPORT

You represent and warrant that you are buying Products from the Site for your own personal or household use only, and not for resale or export.

Products sold or delivered under the Agreement shall be subject to the export control laws and regulations of the United States of America. You agree to comply at all times with all such laws and regulations. You will defend, indemnify and hold Mackage harmless against all claims, damages or liability resulting from breach of the foregoing.

It is expressly agreed between the parties hereto that the purchase of products with the intent of commercially selling and/or exporting them is strictly prohibited.

15. HEADINGS

The headings of the Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of the Agreement.

16. NO ASSIGNMENT

You may not assign your rights or obligations under the Agreement without the express written consent of Mackage.

17. SUCCESSORS AND ASSIGNS

The Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

18. SEVERABILITY

The provisions of the Agreement shall be deemed severable. In the event that any provision of the Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

19. ENTIRE AGREEMENT

The Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Mackage relating to the subject matter hereof, the use of the Website and any transactions conducted on or from the Website, and 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, or by Mackage making such amendments or modifications available to it pursuant to the Agreement.

20. NO WAIVER

The failure of Mackage to enforce any provision of the Agreement or to respond to a breach by you or any third party of the Agreement shall not in any way waive the right of Mackage to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

21. TERMINATION

Mackage reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.

22. PRICE ADJUSTMENT CLAUSE

Mackage offers a one (1) time price adjustment if an item is marked down within fourteen (14) days of the purchase date and your request is made in this period. This excludes items purchased in following conditions: FINAL SALE/Flash Sale or with a Promotional/ Discount Code. To obtain a price adjustment on a purchase made through www.mackage.com, please contact us at 1-855-622-5243 or via e-mail at shop@mackage.com and reference your order number and item that requires the adjustment. If approved, a refund of the difference will be issued in the original form of payment.

23. GENERAL

The Website is the property of APP Group Inc., a US company having its head office at 210, 11th Avenue, Suite 202, New York City, NY, United States 10001. Mackage reserves the right to change the terms and conditions of the Agreement without prior written notice at any time, at Mackage’s sole discretion.

CONTACT INFORMATION

If you have any question regarding the Agreement, please contact Mackage at shop@mackage.com or 1-855-622-5243.

Updated on September 2nd, 2022.