Terms of service

Terms and Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.cinemacellar.com website (the “Service”) operated by Cinema Cellar (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times, including a current credit card. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account or order on our Service. Processed Orders without a valid credit card on their account be deleted without notification. Orders with declined credit cards will be provided with 48 hrs notice before deletion of the order.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Cinema Cellar and its licensors

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Cinema Cellar

Cinema Cellar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cinema Cellar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Refund Policy

Please consult our FAQ for our return and refund policy.

Please contact us at: service@cinemacellar.com

Delivery Policy

Your order will be shipped via Canada Post. In stock items will be shipped within 5 days of receiving your order. Out of stock items will take 2-3 weeks to ship.

Due to our insurance coverage and not being a retail outlet, we can no longer allow orders to be picked up at our facility.

15924987 Canada Inc., its affiliates, parents, subsidiaries and brands, including but not limited to Cinema Cellar and Blue Fox Entertainment Canada (CINEMA CELLAR) respects an individual’s privacy and will only collect, use, store or disclose your personally identifiable information (“personal information”) in accordance with this Privacy Policy. We recognize every individual’s right to privacy and acknowledge our obligation to preserve the confidentiality of personal information. This Privacy Policy applies to CINEMA CELLAR and our collection, use, storage and disclosure of personal information through our website. CINEMA CELLAR reserves the right to update this Privacy Policy at any time and such modifications shall be effective immediately

CONSENT

When you provide CINEMA CELLAR with your personal information, you understand and agree to CINEMA CELLAR’s collection, use, storage, disclosure and retention of your information in accordance with this Privacy Policy or as otherwise permitted by law. Except in limited circumstances, you may withdraw your consent to our use of your personal information at any time.

INFORMATION WE COLLECT

The information we collect falls into three categories: (1) information we collect from you; (2) information we collect when you use our Services; and (3) information we collect from other sources

INFORMATION WE COLLECT FROM YOU. We collect information about you whenever you use our Services. Examples of using our Services include visiting or making purchases at our website, creating a CINEMA CELLAR account, contacting CINEMA CELLAR customer service, and participating in our contests and other promotions. The information you give us may include your first and/or last name, mailing address, telephone number, email address, credit card number, date of birth, gender, other demographic information and any other
information you provide us

INFORMATION WE COLLECT WHEN YOU USE OUR SERVICES. When you use our Services, we may collect information about the Services you use and how you use them. We do this to ensure that we are offering you the best products and services in a secure environment, and as part of our efforts to constantly improve your experience. In this process, we may collect and use your personal information relating to your purchasing trends at CINEMA CELLAR, technical details about your browser and mobile device use and
location (e.g., whether you are using a tablet or smartphone to visit our website), and you’re viewing and usage trends in order to analyze and offer you customized advertising, products and services.

INFORMATION WE COLLECT FROM OTHER SOURCES. We also collect information that is publicly available, to the extent permitted by applicable law. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Instagram, Twitter or Google+.

HOW WE USE THE INFORMATION WE COLLECT

We may use the information we collect about you in a variety of ways, including:

· to process your purchases of products and services;

· to communicate with you about orders, purchases, services, accounts, programs, contests, and sweepstakes;

· to respond to your customer service inquiries and requests for information;

· to post your comments or statements on our websites and social media platforms;

· to send you customized promotions and special offers, including through email and social media platforms;

· to inform you about our brands, products, events, or other promotional purposes;

· to maintain and improve our site and the products and services we offer by using tracking technologies such as cookies;

· to detect, prevent, or investigate security breaches or fraud; and

· to maintain appropriate records for internal administrative purposes.

HOW WE SHARE THE INFORMATION WE COLLECT

We may share your information in the following circumstances:

· When We Work Together– We may share the collected information between CINEMA CELLAR and affiliated companies for proper management, analysis and decision making, including decisions regarding the expansion and promotion of our product and service offering, order or customer request fulfillment, and for use by those companies for the other purposes described in this Privacy Policy.

· When We Work with Service Providers– We may share your information with service providers that provide us with support services, such as credit card processing, website hosting, email delivery, location mapping, postal mail processing and delivery, and analytics services. We require the companies to refrain from using and disclosing your information except when they are performing work for us or when the disclosure of your information is required by law

· When Sharing Helps Us Protect Lawful Interests– We may disclose your information if the disclosure is required by law, the disclosure is necessary to enforce our agreements or policies, or the disclosure will help us protect the rights, property, or safety of CINEMA CELLAR, our customers or our partners.

· When You Give Consent– We may share information about you with other companies if you give us permission or direct us to share the information

· When the Information Does Not Identify You– We may share your information in a way that does not directly identify you. For example, we may combine information about you with information about other people and share the combined information in a way that does not link your information to you

· When You Post on Our Websites and Social Media Platforms– – If you post information on one of our social media platforms or website, the information that you post may be seen by other visitors, including your post information and your user name.

· When We Work on Business Transactions– If you post information on one of our social media platforms or website, the information that you post may be seen by other visitors, including your post information and your user name.

MANAGING YOUR PREFERENCES

By using the Services or submitting information to us in connection with using the Services, you are providing your consent to the collection, use, storage, disclosure and retention of personal information as set out in this Privacy Policy. Consent may be withdrawn at any time, subject to legal or contractual restrictions and reasonable notice; however, without such consent, CINEMA CELLAR may limit the Services it is able to provide you.

You can opt out of receiving promotional emails, by informing us of your preference at the time you sign up for a CINEMA CELLAR account, when contacting our customer service team by phone, modifying your promotional preferences online in your account’s profile management section, or by following the opt-out instructions in the promotional emails we send you.

Alternatively, you may let us know that you do not wish to receive some or all of these promotional communications by emailing us at service@cinemacellar.com

Please note that if you opt out of receiving promotional messages from us, we may still send you nonpromotional communications, including emails about your accounts or purchases

ACCESSING OR CORRECTING YOUR INFORMATION

You have the right, under certain circumstances, to access and correct information we hold about you. Any such access request must be in writing and provided to us at service@cinemacellar.com

DELETING YOUR ACCOUNT

If you want to cancel or delete your account, you may do so in writing at service@cinemacellar.com. We will make every effort to promptly respond to your request. We will retain your information for as long as your account is active or as needed to provide you services, such as product returns. We are unable to delete your account if we have completed any financial transactions. We retain and use your account information only if necessary to fulfill business requirements and/or law enforcement.

HOW WE PROTECT YOUR INFORMATION

CINEMA CELLAR makes reasonable efforts to ensure that any personal information you provide is maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your personal information,

Your Account

You will need your own Cinema Cellar account to make purchases using our store, and you will be required to be logged into the account. Once you place your first order, you will be required to have a valid credit card payment method associated with it. You are responsible to ensure that we are able to process the payment against the payment method you selected at time of ordering and the payment method you have associated with your account is in good standing. If the payment provider you selected declines to process payment for your order, your order will not be shipped. You will have 48 hours to resolve the payment issue. After 48 hours Cinema Cellar reserves the right to cancel the order for nonpayment.

If you choose to use PayPal as your payment option, once you check out of your cart you will be redirected to the PayPal site to process your payment. Your PayPal payment will be reflected on your account within 48 hours of processing. Your account will then show a PayPal payment which must remain on your account. Once the items on your order are ready to ship, the PayPal payment you provided us earlier on your account will be applied to the order and your order will be released and shipped.

Cinema Cellar cannot access or alter your credit card information at any time.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Cinemacellar.com does not sell products to children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the Cinemacellar.com only with the involvement of a parent or guardian. Cinemacellar.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

CINEMA CELLAR cannot warrant the security of any personal information you transmit to us or from our on-line services, and you do so at your own risk

CINEMA CELLAR has implemented a secure payment provider and by doing so no employee or persons acting on our behalf can access to your credit card information. If you want to make changes to your payment method, you must log into your account and make them there. Should you have problems accessing your account please email: service@cinemacellar.com

CINEMA CELLAR has implemented and maintains reasonable and appropriate security measures, procedures and practices to protect against the loss and unauthorized access, use, modification, destruction or disclosure of your personal information while it is in our custody or under our control. For example, we use SSL encryption, firewalls, anti-virus and system security monitoring.

We also limit access to your personal information to those employees, contractors and agents who have a business need to know

LINKS TO THIRD PARTY WEBSITES

Cinemacellar.com may contain links to other third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. CINEMA CELLAR neither owns nor controls these third-party websites and assumes no responsibility for the information practices of those websites. You should inform yourself with the privacy policies (if any) of those third-party websites.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated from time to time in the future. If we make material changes, we will post the updated Privacy Policy on this page. We will notify you of any modifications to this Privacy Policy that might materially affect the way we use or disclose your personal information prior to the change becoming effective by means of a message on this website or by email.