These Terms & Conditions (“Terms”) govern your use of the website modernyogi.ca (“Site”) and any purchases you make through it. The Site is operated by Modern Yogi Limited, a company incorporated under the federal laws of Canada with its head office in Toronto, Ontario (“we,” “us,” or “our”).
By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, please do not use our Site.
1. Eligibility
You must be at least 18 years of age — the age of majority in Ontario — to use this Site and enter into a binding contract with us. By using the Site, you represent and warrant that you meet this requirement.
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
2. Products and Pricing
We make every effort to display our products and their colours as accurately as possible. However, we cannot guarantee that your device’s display will accurately reflect the actual colour or appearance of any product.
All prices are listed in Canadian dollars (CAD) unless otherwise stated. Prices are subject to change without notice.
We reserve the right to correct any errors in pricing or product descriptions, including after an order has been placed. If we discover a pricing error, we will contact you and give you the option to proceed at the correct price or cancel your order.
3. Taxes
Applicable taxes, including Harmonized Sales Tax (HST) or other federal and provincial taxes, will be calculated and added to your order total at checkout based on your shipping address and applicable Canadian tax laws.
4. Orders and Payment
When you place an order, you are making an offer to purchase the products in your cart. We may accept or decline any order at our discretion.
An order confirmation email acknowledges receipt of your order but does not constitute acceptance. Your order is accepted when we ship the products to you.
Payment is processed at the time of purchase through Stripe. By providing your payment information, you confirm that you are authorised to use that payment method and that the information provided is accurate.
5. Your Right to Cancel — Ontario Consumer Protection Act
Under Ontario’s Consumer Protection Act, 2002, customers who enter into an internet agreement have the right to cancel their order within 7 days of receiving a copy of this agreement (including via order confirmation email), without providing any reason and without penalty.
To exercise this right, please contact us at contact@modernyogi.ca within 7 days of receiving your order confirmation. We will process your cancellation and issue a full refund promptly.
This statutory right is in addition to — and does not replace — our standard return and refund policy described below.
6. Shipping
Shipping rates and estimated delivery times are displayed at checkout. Please refer to our Shipping & Delivery page for full details.
We are not responsible for delays caused by shipping carriers, customs processing, weather, or other circumstances outside our control.
Risk of loss and title for products pass to you upon delivery of the products to the shipping carrier.
7. Returns and Refunds
Our return and refund policy is set out on our Refund & Return page. By placing an order, you acknowledge and agree to the terms of that policy. Your statutory rights under Ontario’s Consumer Protection Act, 2002 are not affected.
8. Intellectual Property
All content on this Site — including text, images, graphics, logos, product designs, and software — is the property of Modern Yogi Limited or its content suppliers and is protected under Canadian and international intellectual property laws, including the Copyright Act (Canada) and the Trademarks Act (Canada).
You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written permission.
The Modern Yogi name, logo, and all related names, product names, and service names are trademarks of Modern Yogi Limited. You may not use these marks without our prior written permission.
9. User Accounts
If you create an account on our Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to notify us immediately of any unauthorised use of your account or any security breach at contact@modernyogi.ca.
10. Marketing Communications & CASL
If you subscribe to our newsletter or opt in to receive promotional emails, you consent to receive marketing communications from us in accordance with Canada’s Anti-Spam Legislation (CASL). You may withdraw this consent at any time by clicking “unsubscribe” in any of our emails or by contacting us at contact@modernyogi.ca. We will process your request promptly.
11. Disclaimer
Our Site and all products and services provided through it are offered on an “as is” and “as available” basis, without warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
For full details, please refer to our Disclaimer page.
12. Limitation of Liability
To the maximum extent permitted by applicable Canadian law, Modern Yogi Limited and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Site or purchase of any products.
Our total liability to you for any claim arising from your use of the Site or purchase of products shall not exceed the amount you paid for the products in question.
Nothing in these Terms excludes or limits our liability for anything that cannot be excluded or limited under applicable Canadian law, including Ontario’s Consumer Protection Act, 2002.
13. Indemnification
You agree to indemnify and hold harmless Modern Yogi Limited and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Site or your violation of these Terms.
14. Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms where that failure or delay results from any cause beyond our reasonable control. This includes, but is not limited to, acts of God, natural disasters, pandemic, supply chain disruptions, strikes, carrier delays, government actions, or failure of third-party systems or infrastructure. We will make reasonable efforts to resume performance as soon as practicable.
15. Third-Party Services
Our Site uses third-party services including payment processing (Stripe), shipping carriers, and analytics providers. These services are governed by their own terms and privacy policies. We are not responsible for the practices or content of any third-party service.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, including but not limited to the Consumer Protection Act, 2002 (Ontario), the Electronic Commerce Act, 2000 (Ontario), and the Personal Information Protection and Electronic Documents Act (Canada).
Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
17. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.
18. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term.
19. Changes to These Terms
We may update these Terms from time to time. The updated version will be indicated by the “Last updated” date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms. We encourage you to review this page periodically.
20. Contact Us
If you have any questions about these Terms, please contact us:
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Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes.The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
