Terms of service

1. OVERVIEW

This website and online store are operated by Vikingo ("Vikingo," "we," "us," or "our").

Vikingo offers this website, including all information, tools, features, products and services available through it (collectively, the "Services"), to you conditioned upon your acceptance of these Terms of Service.

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer and sell our products and Services.

These Terms of Service apply to all users of the website, including visitors, customers and purchasers.

By accessing our website, using the Services or placing an order, you agree to be bound by these Terms of Service, together with our Privacy Policy, Return, Refund & Warranty Policy, Shipping Policy and any other policies referenced on our website.

Nothing in these Terms of Service is intended to exclude, restrict or waive any rights or remedies that cannot legally be excluded under applicable Canadian federal, provincial or territorial law.

2. ELIGIBILITY AND USE OF THE SERVICES

By using the Services or placing an order, you represent that you have reached the age of majority in your province or territory of residence or otherwise have the legal capacity required to enter into the transaction.

You agree not to use our products, website or Services for any unlawful or unauthorized purpose.

You must not:

violate any applicable law or regulation;
interfere with the security or operation of the website;
transmit viruses, malicious code or other harmful technologies;
attempt to gain unauthorized access to our systems;
use the Services for fraudulent purposes;
impersonate another person; or
use information or content from the Services in a manner that infringes the rights of Vikingo or any third party.

We may restrict or terminate access to the Services where reasonably necessary in response to fraud, security threats, unlawful conduct or material violations of these Terms, subject to applicable law.

3. PRODUCTS

Vikingo sells barbecue barrels, accessories, replacement components and related products.

We make reasonable efforts to ensure that product descriptions, photographs, specifications, measurements, capacities, materials and other information displayed on our website are accurate.

However, product appearance may vary slightly due to:

manufacturing processes;
screen and device settings;
lighting and photography;
natural characteristics of materials;
product improvements or updates; and
normal manufacturing tolerances.

Minor differences that do not materially affect the intended function of the product are not necessarily considered defects, subject to applicable consumer protection law.

We reserve the right to update product designs or specifications from time to time, provided that doing so does not violate an existing consumer agreement or applicable law.

4. PRODUCT AVAILABILITY

Products may be offered in limited quantities and availability may change.

Displaying a product on our website does not necessarily guarantee continued availability.

Where a product becomes unavailable after an order has been placed, we will handle the order in accordance with applicable consumer protection law and the terms of the applicable transaction.

Nothing in this section gives Vikingo a right to cancel a completed consumer agreement where cancellation would be prohibited by applicable law.

5. PRICES AND CURRENCY

Unless otherwise indicated, prices displayed on the Canadian Vikingo store are expressed in Canadian dollars (CAD).

Applicable taxes, shipping charges and other charges, if any, will be displayed or disclosed as required before the customer completes the purchase.

Prices and promotions may change from time to time.

The price applicable to an order is generally the price presented to and accepted by the customer when the transaction is completed, subject to applicable law.

6. ERRORS AND INACCURACIES

We make reasonable efforts to ensure that information displayed through the Services is accurate.

Occasionally, information may contain typographical errors, inaccuracies or omissions relating to:

product descriptions;
specifications;
prices;
promotions;
offers;
shipping charges;
delivery estimates; or
product availability.

We may correct website information that has not yet resulted in a binding consumer agreement.

Where an error relates to an order that has already been placed or a consumer agreement that has already been formed, Vikingo will address the matter in accordance with applicable Canadian consumer protection law.

Nothing in these Terms permits Vikingo to unilaterally cancel a completed transaction, increase an agreed price or otherwise alter a consumer agreement where prohibited by applicable law.

7. ORDERS AND ONLINE CONTRACTS

When you place an order through our website, you are requesting to purchase the products identified in your order.

Before completing your purchase, you will have an opportunity through the checkout process to review relevant transaction information and correct certain order information.

Customers are responsible for reviewing their order carefully before completing checkout, including:

products selected;
quantities;
shipping address;
billing information; and
contact information.

Following completion of an order, we may send an electronic order confirmation or other documentation relating to the transaction.

Online purchases are subject to applicable provincial and territorial requirements governing internet, remote or distance contracts.

Where applicable law requires us to provide specific information, confirmation or a copy of an agreement within a particular period, those legal requirements will apply.

8. RIGHT TO REFUSE OR RESTRICT TRANSACTIONS

Subject to applicable law, Vikingo may refuse or restrict a transaction where reasonably necessary because of:

suspected fraud;
unauthorized payment activity;
security concerns;
attempted resale obtained through fraudulent means;
violation of these Terms;
legal or regulatory restrictions; or
inability to verify information reasonably required to complete the transaction.

Any cancellation or refusal after a consumer agreement has been formed will remain subject to applicable consumer protection law.

9. PAYMENT

You agree to provide current, complete and accurate purchase and account information for transactions made through the Services.

Payments may be processed through Shopify Payments or other third-party payment providers.

Payment providers may have additional terms and privacy practices applicable to their services.

You authorize the applicable payment provider to charge the payment method selected during checkout for the amounts disclosed and accepted as part of your order.

10. TAXES

Applicable federal and provincial sales taxes will be charged where required by law.

The amount of tax applicable to an order may depend on factors including the product, shipping destination and applicable tax legislation.

Taxes applicable to your transaction will be displayed or otherwise disclosed as required during the purchase process.

11. SHIPPING AND DELIVERY

Orders are subject to our Shipping Policy, which forms part of these Terms of Service.

Shipping times displayed on our website are estimates unless expressly stated otherwise or required by applicable law.

Delivery times may be affected by circumstances outside Vikingo's reasonable control, including:

carrier delays;
severe weather;
transportation interruptions;
high-volume periods;
incorrect delivery information; or
other logistical circumstances.

Nothing in this section limits any statutory rights relating to delivery deadlines, delayed deliveries or cancellation of online purchases.

Customers are responsible for providing complete and accurate shipping information.

Please review our Shipping Policy for additional information regarding shipping areas, delivery, damaged shipments and related matters.

12. RETURNS, REFUNDS AND WARRANTY

Returns, refunds and warranty claims are governed by our Return, Refund & Warranty Policy, which forms part of these Terms of Service.

Vikingo voluntarily offers eligible change-of-mind returns within 30 days from the date the customer receives the product, subject to the conditions described in that policy.

Vikingo products are also covered by a three (3) year limited commercial warranty against defects in materials and workmanship under normal residential use, subject to the terms and exclusions described in our Return, Refund & Warranty Policy.

The three-year Vikingo commercial warranty is provided in addition to, and does not replace, statutory or legal warranties available under applicable Canadian law.

13. CANADIAN CONSUMER RIGHTS

Consumers may have rights and remedies under applicable Canadian federal, provincial and territorial legislation.

Depending on the province or territory, these rights may include statutory or implied warranties concerning matters such as:

quality;
durability;
fitness for intended purpose;
conformity with description;
delivery;
representations made concerning the product; and
online consumer agreements.

Nothing in these Terms of Service excludes, restricts or waives any consumer right, warranty, condition or remedy that cannot legally be excluded or waived.

Where these Terms conflict with a mandatory provision of applicable consumer protection legislation, the mandatory legal provision will prevail.

14. QUÉBEC CONSUMERS

If you are a consumer in Québec, the protections provided under the Consumer Protection Act (Québec) and applicable provisions of the Civil Code of Québec apply where legally applicable.

Among other protections, legal warranties may apply automatically to goods purchased by Québec consumers.

Products must, among other applicable requirements:

be fit for their ordinary intended use;
have a reasonable lifetime, taking into account their price, contract terms and conditions of use;
conform to applicable descriptions and representations; and
be free from hidden defects as provided by law.

Online purchases may also constitute distance contracts subject to specific disclosure, confirmation, delivery and cancellation requirements.

Nothing in these Terms is intended to limit rights granted to Québec consumers by applicable law.

15. SAFE USE OF VIKINGO PRODUCTS

Vikingo barbecue barrels are cooking appliances that involve heat, fire, hot surfaces and charcoal.

Customers must use Vikingo products responsibly and in accordance with:

product instructions;
assembly instructions;
safety warnings;
maintenance recommendations; and
applicable fire and safety regulations.

Vikingo products must be used in an appropriate, stable and well-ventilated outdoor environment unless a specific Vikingo product is expressly designed and approved for another type of use.

Never use a charcoal-burning Vikingo barrel in an enclosed or inadequately ventilated space.

Burning charcoal produces carbon monoxide, an odourless and potentially deadly gas.

Do not use charcoal-burning products inside:

homes;
garages;
tents;
vehicles;
enclosed patios; or
other enclosed or inadequately ventilated spaces.

Keep children, pets and combustible materials at a safe distance while the product is operating or remains hot.

Customers should not touch hot surfaces without appropriate heat-resistant protection.

16. ASSEMBLY AND OPERATION

Customers are responsible for following the assembly and operating instructions provided with or made available for their Vikingo product.

Improper assembly, modification or operation may result in:

fire;
burns;
property damage;
personal injury; or
damage to the product.

Do not modify structural or functional components of a Vikingo product in a manner not authorized by Vikingo.

Accessories should be installed and used in accordance with their intended purpose and applicable instructions.

17. CHARCOAL, FIRE AND COOKING

Customers are responsible for safely handling charcoal, fire, hot components and food.

Never leave an operating barbecue unattended.

Do not move the barrel while it contains burning charcoal or while surfaces remain dangerously hot.

Before cleaning, moving, storing or covering the product, allow it to cool appropriately.

Customers are responsible for complying with local fire restrictions, condominium or property rules and applicable municipal requirements regarding barbecue use.

18. FOOD SAFETY

Information provided by Vikingo concerning recipes, cooking methods, temperatures or preparation techniques is intended as general informational guidance.

Customers remain responsible for:

proper food storage;
avoiding cross-contamination;
cooking food to safe internal temperatures;
handling raw meat appropriately; and
following applicable food safety recommendations.

Cooking times may vary depending on food quantity, thickness, environmental conditions, fuel, equipment configuration and other factors.

19. NORMAL EFFECTS OF HEAT AND USE

Exposure to high temperatures, charcoal, smoke and cooking residues may naturally cause changes in the appearance of a barbecue product over time.

Depending on the material and conditions of use, normal characteristics may include:

discoloration;
staining;
soot accumulation;
grease residue; and
changes in surface appearance.

Such changes are not automatically considered manufacturing defects.

Warranty coverage will be determined in accordance with our Return, Refund & Warranty Policy and applicable law.

20. CUSTOMER RESPONSIBILITY FOR MAINTENANCE

Customers are responsible for performing reasonable cleaning and maintenance in accordance with Vikingo's instructions.

This may include:

removing ash appropriately;
cleaning grease and food residue;
keeping components reasonably dry when stored;
protecting the product from prolonged exposure to harsh environmental conditions; and
following recommended storage practices.

Damage caused by misuse, neglect or inadequate maintenance may be excluded from Vikingo's commercial warranty to the extent permitted by applicable law.

21. THIRD-PARTY TOOLS AND SERVICES

Certain features of the Services may rely on third-party technologies, services or platforms.

These may include:

Shopify;
payment processors;
shipping providers;
analytics services;
advertising platforms; and
other technology providers.

Your use of certain third-party services may be subject to additional terms or privacy policies provided by those third parties.

Vikingo is not responsible for independent third-party services except to the extent responsibility cannot legally be excluded.

22. THIRD-PARTY LINKS

The Services may contain links to websites or resources operated by third parties.

These links are provided for convenience and do not necessarily constitute an endorsement.

Vikingo does not control third-party websites and is not responsible for their content, security, privacy practices or availability.

Customers should review the applicable terms and policies before interacting with third-party websites.

23. INTELLECTUAL PROPERTY

Unless otherwise indicated, content made available through the Services, including:

the Vikingo name;
logos;
trademarks;
product designs;
photographs;
videos;
graphics;
illustrations;
website content;
text;
recipes created by Vikingo;
manuals; and
marketing materials

is owned by Vikingo or used under authorization and may be protected by applicable intellectual property laws.

You may use the website and its content for personal, non-commercial purposes.

You may not reproduce, distribute, modify, sell, commercially exploit or create derivative works from protected Vikingo content without prior authorization, except where permitted by law.

24. REVIEWS, COMMENTS AND USER CONTENT

If you submit reviews, photographs, comments, suggestions or other content to Vikingo, you represent that you have the right to provide that content.

You must not submit content that:

infringes third-party rights;
is fraudulent or intentionally misleading;
contains unlawful material;
contains malicious code; or
violates applicable law.

Where permitted by applicable law and subject to any additional terms presented when content is submitted, you grant Vikingo permission to use submitted content for purposes reasonably connected with operating, promoting and improving our business and Services.

25. PROHIBITED USES

You may not use the Services:

for unlawful purposes;
to solicit others to perform unlawful acts;
to violate applicable regulations or laws;
to infringe intellectual property rights;
to submit intentionally false or misleading information;
to transmit malicious software;
to collect personal information about others unlawfully;
to interfere with website security; or
to engage in fraudulent activity.

26. DISCLAIMER OF INFORMATION

We make reasonable efforts to provide accurate and useful information through our website.

General content relating to barbecue techniques, recipes, product use or other topics is provided for informational purposes and should not replace appropriate professional or safety advice where such advice is required.

Nothing in this section limits liability or consumer rights that cannot legally be excluded.

27. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Vikingo will not be liable for indirect, incidental, special or consequential damages arising solely from circumstances for which such liability may legally be excluded.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.

In particular, nothing in these Terms is intended to limit:

mandatory consumer protection rights;
statutory warranties;
liability that cannot legally be excluded;
remedies available for defective or unsafe products; or
other mandatory rights available under applicable Canadian law.

28. INDEMNIFICATION

To the extent permitted by applicable law, you agree to be responsible for losses reasonably resulting from your unlawful use of the Services, intentional misconduct or material violation of these Terms.

Nothing in this section requires a consumer to indemnify Vikingo for matters for which such indemnification would be prohibited or unenforceable under applicable consumer protection law.

29. PRIVACY

Our collection, use, disclosure, retention and protection of personal information is governed by our Privacy Policy.

Please review the Privacy Policy for information regarding:

personal information we collect;
how we use it;
Shopify's role;
cookies and analytics;
marketing;
privacy rights; and
how to contact our Privacy Officer.

30. CHANGES TO THESE TERMS

We may update these Terms of Service from time to time to reflect changes to:

our Services;
our business practices;
applicable laws;
technology; or
operational requirements.

Changes will be posted on this website with an updated revision date.

Changes will not retroactively remove or reduce mandatory consumer rights or alter completed consumer agreements where doing so would be prohibited by applicable law.

31. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the extent necessary under applicable law, and the remaining provisions will continue to apply to the extent legally permitted.

32. NO WAIVER OF CONSUMER RIGHTS

No failure by Vikingo to exercise a contractual right will constitute a waiver of that right unless otherwise provided by law.

More importantly, nothing in these Terms constitutes a waiver by a consumer of rights or remedies that cannot legally be waived under applicable Canadian consumer protection legislation.

33. GOVERNING LAW

These Terms and transactions made through the Services will be governed by applicable laws of Canada and the applicable laws of the province or territory having jurisdiction over the transaction.

Nothing in these Terms requires a consumer to waive the protection of mandatory laws applicable in the consumer's province or territory of residence.

Any dispute will be resolved before the court or other authority having jurisdiction under applicable law.

34. ENTIRE AGREEMENT

These Terms of Service, together with our:

Privacy Policy;
Return, Refund & Warranty Policy;
Shipping Policy; and
other applicable policies or terms disclosed during a transaction

constitute the terms applicable to your use of the Services and purchases from Vikingo, subject to applicable law.

If a specific term presented and accepted as part of a particular transaction conflicts with these general Terms, the more specific transaction term will apply to that transaction unless prohibited by law.

35. CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Vikingo Canada

For privacy-related requests, please refer to the contact information provided in our Privacy Policy.

For returns, refunds or warranty claims, please refer to our Return, Refund & Warranty Policy.