Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and How Rare Inc. (“How Rare,” “we,” “us,” “our”), governing your access to and use of howrare.ca (the “Site”) and any products or services offered through it. By accessing or using this Site or placing any order, you agree to be legally bound by these Terms in their entirety. If you do not agree, you must immediately cease use of this Site.

1. Agreement & Modifications

How Rare reserves the right, at its sole and absolute discretion, to amend, replace, or remove these Terms at any time and without prior notice or liability. All amendments are effective immediately upon posting. Your continued use of the Site following any amendment constitutes your conclusive and irrevocable acceptance of the revised Terms. If you do not agree with any amendment, your sole remedy is to immediately cease use of the Site.

2. Use of Site

By using this Site, you represent that you have the legal capacity to enter into a binding contract under the laws of your jurisdiction. You agree to use the Site exclusively for lawful purposes and in strict compliance with all applicable local, provincial, federal, and international laws and regulations.

How Rare reserves the right, at its sole and absolute discretion and without prior notice, to refuse service to any person or entity, terminate or suspend any account, cancel any order at any stage, and restrict access to the Site permanently or temporarily.

If you create an account, you are solely responsible for maintaining the confidentiality of your credentials and for all activity conducted under your account. You must notify us immediately at info@howrare.ca of any unauthorized account access.

3. Disclaimers & Warranties

The Site and all content, products, and services are provided “as is” and “as available” without any warranty of any kind, express or implied, to the fullest extent permitted by applicable law. How Rare expressly disclaims all warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

How Rare is a curator and retailer only. We are not the manufacturer, designer, or producer of any product sold on this Site. All products are sourced from independent third-party suppliers and manufacturers. How Rare assumes no liability whatsoever for any defect, malfunction, injury, property damage, or loss arising from the design, manufacture, materials, assembly, or use of any product.

How Rare shall not be liable for any interruption, failure, or unavailability of the Site or Service arising from any cause including but not limited to server or hosting failures, cyberattacks, natural disasters, pandemics, government actions, labour disputes, supply chain disruptions, or carrier failures.

4. Limitation of Liability

To the fullest extent permitted by the laws of Ontario, Canada, How Rare Inc., its owners, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, or replacement costs.

Notwithstanding the above, How Rare’s total cumulative liability to you for any and all claims shall not exceed the total amount you actually paid to How Rare for the specific order giving rise to the claim. This monetary cap applies regardless of the legal theory under which any claim is brought.

Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, or any liability that cannot be excluded under mandatory applicable Canadian law.

5. Indemnification

You agree to indemnify, defend, and hold harmless How Rare Inc. and its owners, directors, officers, employees, affiliates, agents, contractors, licensors, service providers, suppliers, and successors from and against any and all claims, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable legal fees, arising out of or related to: your access to or use of the Site or any product purchased through it; your violation of any provision of these Terms; your violation of any applicable law or regulation; your infringement of any intellectual property, privacy, or other rights of any third party; any false, inaccurate, or misleading information submitted by you; or any fraudulent transaction or bad-faith payment dispute initiated by you.

6. Third Parties

The Site may contain links to, or embed content from, third-party websites, platforms, and services including social media platforms, payment processors, shipping carriers, analytics tools, and marketing platforms. How Rare does not own, operate, monitor, or control any third-party service. All third-party services are provided “as is” and are governed exclusively by their own terms and privacy policies.

How Rare expressly disclaims all liability for the content, accuracy, availability, security, or practices of any third-party service. Any transactions you conduct with third parties are solely between you and that third party.

7. Products & Pricing

All product descriptions, specifications, dimensions, weights, materials, colors, and images are provided for general informational purposes only. How Rare makes no warranty as to the accuracy, completeness, or reliability of any product information. Specifications are sourced from third-party manufacturers and may contain inaccuracies, translation discrepancies, or measurement variances.

All prices are displayed in Canadian dollars (CAD) and are subject to change at any time without prior notice. Applicable taxes including HST/GST will be calculated at checkout. In the event of any pricing error, How Rare reserves the right to cancel the affected order at its sole discretion. Your sole remedy is a full refund of any amount paid.

Product images displayed on the Site may be provided by third-party vendors or manufacturers. The presence of identical or similar product images on any third-party platform does not constitute misrepresentation or any breach by How Rare.

8. Orders & Payment

Placing an order does not constitute acceptance by How Rare. An order is accepted only upon How Rare’s explicit written confirmation. Automated system-generated confirmation emails acknowledge receipt only and do not constitute binding acceptance. How Rare reserves the right to accept, decline, cancel, or limit any order at any time and for any reason.

By submitting payment, you represent that you are the authorized holder of the payment method used and that all information provided is accurate. You authorize How Rare and its payment processors to charge the full order amount including taxes and fees. All transactions are in CAD.

If you initiate a chargeback or payment dispute without first contacting How Rare at info@howrare.ca to seek resolution, How Rare reserves the right to permanently ban your account, cancel all pending orders, and pursue full recovery of the disputed amount plus all associated fees and legal costs.

9. Shipping & Delivery

All dispatch and delivery timeframes communicated by How Rare are estimates only and are not guaranteed. How Rare shall not be liable for any delay arising from carrier delays, customs clearance, weather events, or any force majeure event. International orders may be subject to customs duties, import taxes, and inspection delays; all such charges are the sole responsibility of the customer.

Risk of loss and title to all products passes to you upon transfer to the designated shipping carrier. From that point, How Rare bears no responsibility for loss, theft, damage, or delay during transit. If a carrier marks an order as delivered, it is deemed delivered. How Rare is not responsible for stolen packages.

If a package is undeliverable due to an incorrect address, refusal of delivery, or failure to collect, the customer bears all reshipment costs.

10. Returns & Refunds

Returns

How Rare accepts returns subject to the following conditions: return request initiated within 10 days of confirmed delivery date; item unused, unaltered, and in original condition with all original packaging, tags, and accessories intact; proof of purchase provided; and prior written authorization obtained from How Rare before shipping the return. Unauthorized returns will not be accepted and will be returned at the customer’s expense.

The following items are not eligible for return under any circumstances: items marked as final sale; items purchased using a promotional or discount code; items that have been used, assembled, altered, or damaged after delivery; items returned without original packaging; perishable, personalized, or custom items; and gift cards.

Return shipping is at the customer’s sole expense unless the return results from a verified How Rare error or confirmed manufacturing defect.

Refunds

Upon receipt and inspection, How Rare will notify you of the outcome within 5 business days. Approved refunds will be processed to the original payment method within 10 business days of approval. Original shipping fees are non-refundable unless the return results from a verified How Rare error or confirmed manufacturing defect.

If you have not received your refund within 15 business days of approval, contact info@howrare.ca before initiating any chargeback.

11. Intellectual Property

All content on the Site, including text, graphics, logos, photographs, product images, product descriptions, brand assets, trademarks, trade names, and website design, is the exclusive property of How Rare Inc. or its licensors and is protected under the Copyright Act (Canada) and applicable trademark and intellectual property legislation.

How Rare grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes. This license expressly excludes commercial exploitation of any Site content; scraping, mining, or systematic downloading of any product data, pricing, images, or descriptions; and any use of How Rare’s brand name, logos, or trademarks without prior written consent.

By posting, sharing, or submitting any content featuring How Rare products, including on social media using our brand name or hashtags, you grant How Rare an irrevocable, perpetual, worldwide, royalty-free, fully sublicensable license to use, reproduce, publish, and display such content for any purpose including marketing, without compensation or attribution to you.

12. Privacy & Data

By using this Site, you consent to How Rare collecting personal information including your name, email address, shipping and billing address, phone number, and order history for the purposes of processing and fulfilling orders, account management, customer communications, and where explicit consent has been provided, marketing communications.

Your personal information may be shared with third-party service providers, including payment processors, shipping carriers, and email marketing platforms, solely to fulfill the above purposes. How Rare does not sell your personal information to any third party. Full details are set out in our Privacy Policy at howrare.ca/privacy-policy, which forms part of these Terms.

13. User Submissions

By submitting any content to How Rare, including reviews, feedback, photographs, testimonials, or suggestions through any channel, you grant How Rare an irrevocable, perpetual, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, publish, distribute, and display such content for any purpose including marketing, without compensation or attribution.

By submitting content you represent and warrant that: you own or have the right to submit it; it is accurate, truthful, and based on genuine first-hand experience; it does not infringe any third-party rights; it contains no defamatory, false, abusive, or unlawful content; and it was not generated by artificial intelligence or automated tools.

14. General Provisions

Severability

If any provision of these Terms is found by a court of competent jurisdiction in Ontario to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent. All remaining provisions shall continue in full force and effect.

Non-Waiver

How Rare’s failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision.

Entire Agreement

These Terms, together with the Privacy Policy and Shipping and Returns Policy published on the Site, constitute the entire agreement between you and How Rare and supersede all prior agreements, representations, and proposals. In the event of conflict between these Terms and any other policy, these Terms prevail.

Governing Law

These Terms are governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario for resolution of all disputes.

Dispute Resolution

All disputes must first be submitted in writing to info@howrare.ca for informal resolution. How Rare will respond within 30 days. If not resolved informally, disputes shall be heard exclusively in the courts of Ontario, Canada. To the fullest extent permitted by law, you waive any right to bring or participate in any class action or representative proceeding against How Rare. Any claim must be filed within 45 days of the date it arose or shall be permanently barred.

Contact

How Rare Inc. | Ontario, Canada | info@howrare.ca

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