Terms and Conditions

Terms and Conditions of Online Sales (Premier League Nashville)

Overview:

This website, shop.embelex.com (this “Website”), is operated by Avery Dennison. Throughout this Website, the terms “we”, “us” and “our” refer to Paxar Canada Corporation (“Company” or “Avery Dennison”). Company offers this Website, including all information, tools and services available from this to you, the user (hereinafter, “you,” “your”, or “Customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms and Conditions of Online Sales (Premier League Nashville) (these “Terms”) carefully. 

These Terms are between Paxar Canada Corporation, a company formed under the laws of the Province of Nova Scotia with a registered office at 1000 Thornton Road South, Unit A, Oshawa, Ontario, Canada L1J 7E2, and you, the “Customer” or “User” for orders of products (individually a “Product” and collectively, “Products”) from this Website. The use of any purchase order, approval order, or any other instrument, form or agreement in connection with your order of Products provided by the Company hereunder shall be considered for the Customer and any provisions therein shall not modify, supersede or supplement these Terms.

General Requirements: By placing an order, you represent and warrant to the Company that:

  1. You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi) or older, having the legal capacity and legal authority to consent to these Terms;
  2. The Product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product to any third party for commercial purposes and if you do so, you are solely responsible for such additional marketing, resale or other distribution and assume all liability arising from it.

Please take note that orders from this Website are only available for shipment to delivery addresses located in the United States of America.

Custom Merchandise Orders. In addition to the general requirements set forth above and defined in the Website Terms of Use (link), to the extent any custom products are available for purchase, by placing an order for custom-printed Product (“Product”) requesting the use of data such as but not limited to trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or other mark ("Data"), you represent and warrant that you will not upload, transmit, or submit any Data to Company that:

  1. a)  Contains any content that is unlawful, defamatory, obscene, indecent, harassing, violent, hateful, inflammatroy, discriminatory, threatening, abusive, libelous or otherwise objectionable, or which invade another person's privacy;
  2. b)  Infringes upon the intellectual property rights of any person or entity, including but not limited to patents, trademarks, trade names, trade secrets, copyrights, rights of publicity, or moral rights, which are strictly prohibited on this Website.
  3. c) Promotes hate or discrimination toward any individual, group, organization, affiliation, gender, or race, which is strictly prohibited under these Terms. This includes, but is not limited to, Data that contain hate speech, derogatory language, or harmful stereotypes. Company does not tolerate any form of discrimination or prejudice and reserves the right to remove any Data that violates those principles.
  4. d) Contains any viruses, malware, or other harmful components that may damage Company's systems or other users' systems;
  5. e) Promotes or facilitates any criminal activity or provides instructional information about illegal activities.
  6. f)  Contains images or likeness of minors. Unauthorized use of such images or likeness is strictly prohibited and may result in legal action being taken against the Customer.
  7. g) Glamorizes or promotes the use of illegal substances or drugs or criminal activity.
  8. h)  Violates any applicable local, state, national or international law, regulation or rule.

Company takes no ownership in any Data uploaded to this Website, except Company retains its rights in, and to, the Content that is present on the site or that may be created and/or supplied by or for the Company. Further, the Company reserves the right to remove, cancel or refuse to prepare any order that it determines in its sole discretion violates the above guidelines or any other provision of these Terms.  Further, Company may automatically decline any order of Products in association with said recognized content and may prevent further uploads of duplicate or similar content by the Customer.

Company retains the right to utilize proprietary or third-party software to filter and monitor the content submitted by the Customer on this Website to ensure compliance with applicable laws and regulations, as well as to prevent the uploading of any prohibited or infringing Data.

The Customer acknowledges that the Company is not responsible for any loss or damage that may occur as a result of Data uploaded to this Website, and that the Customer assumes full responsibility for the Data you submit.

By using this Website and the services provided by Company, You, the Customer, represent, confirm and warrant that such Material is either in the public domain, subject to fair use by You, or that You have the right to use, copy, and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture, or likeness of any person, or any other intellectual property in the manner in which it is to be printed on or otherwise applied to the products ordered from Company. The Customer acknowledges that any such unauthorized use of intellectual property may result in legal action and agrees to indemnify and hold Company harmless from any and all claims, damages, expenses, or liabilities arising from the Customer's use of this Website and the Data they submit.

Pricing: Pricing, payment and other terms applicable to Product are set forth on this Website. Company may, in its sole discretion, change any such prices or other terms at any time without notice. Products manufacturing are subject to availability of raw materials.


Payment: If you wish to purchase any Product or service made available through this Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.


Any claims of whatsoever nature by Customer against the Company in respect of the Products shall not entitle Customer to withhold payment for any part of the Products from Company, nor shall Customer be entitled to set off any such claim against any claim by the Company for the payment, nor shall Customer be entitled to claim a stay of execution on any judgment for the price in reliance upon such claim. Company reserves the right to set-off any amount payable to Customer, if applicable.

Availability, Errors and Inaccuracies: In order to provide exceptional service, and accuracy, we regularly update the products and services on this Website. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the products or services available on this Website may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on this Website and in our advertising on other websites.

Order Modification and Cancellation: Once Customer has submitted an order through this Website, the order cannot be modified or canceled. The order may be eligible to be returned for a full or partial refund, subject to our returns and refunds policy.

Returns and Refunds: If you are not entirely satisfied with your purchase, we're here to help. Our non-customized products can be returned within 14 days of the original purchase of the product. To be eligible for a return, please make sure that: The product was purchased in the last 14 days; the product is in its original packaging; the product isn't worn, washed, used or damaged; the product has not been customized or personalized, i.e. with a player name and number. Customized products are final sale and not eligible for return.

Products that do not meet these criteria will not be considered for return. Please contact us before you send the product: shop@embelex.com.

Shipping charges incurred in connection with the return of a product are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Avery Dennison.

Damaged items: If you received a damaged product, please notify us immediately for assistance.

Sale items: Unfortunately, sale items cannot be refunded. Only regular price items can be refunded.

If you have any questions about our Returns and Refunds Policy, please contact us via email at shop@embelex.com

Limitation of Liability: COMPANY’S TOTAL LIABILITY TO CUSTOMER, AND CUSTOMERS SOLE AND EXCLUSIVE REMEDY, REGARDLESS OF INJURY, PROPERTY DAMAGE, OR SCHEDULE DELAYS, SHALL BE LIMITED TO, AT COMPANY’S SOLE OPTION, A REFUND OF THE PURCHASE PRICE PAID OR REPLACEMENT OF THE PRODUCT, LESS A RESTOCKING FEE OR OTHER APPLICABLE FEES. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF RECOVERY (WHETHER BASED ON A CONTRACT, NEGLIGENCE OF ANY KIND, STRICT LIABILITY OR TORT OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS OR OPPORTUNITIES, DAMAGE TO OR IMPAIRMENT OF OTHER GOODS OR DATA, LIABILITY TO THIRD PARTIES, LOST BUSINESS, BUSINESS INTERRUPTION, FAILURE TO MEET ANY DUTY, OR ANY COSTS OR EXPENSES FOR PROCUREMENT OF SUBSTITUTE PRODUCTS, IN ANY WAY RELATED TO, ARISING FROM OR RESULTING FROM THE SALE OF PRODUCTS OR ANY USE MADE OF THE PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL HAVE NO LIABILITY OF ANY KIND WHATSOEVER FOR ANY THIRD PARTY’S PRODUCTS OR ELEMENTS INCORPORATED INTO THE PRODUCTS.This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.

Intellectual Property: This Website and all content shown on this Website, including, without limitation, text, graphics, icons, images, clips, code and software) is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks shown on this Website are the exclusive property of Company and/or one of its affiliates or licensors, all rights reserved, and may not be used by you without our prior written permission. These Terms do not grant you a license to use any trademark of Avery Dennison, The Football Association Premier League Limited, or any of either entity’s affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. We reserve all rights not expressly granted to you in this Website, including its content and services.

Each party retains all rights, title, and interest in its trade secrets, inventions, copyrights and other intellectual property (“Background Intellectual Property”). Customer will not enforce against the Company or its vendors, any copyrights or patent rights that include any system, process or business method utilizing any intellectual property in Products provided to Customer. No license, ownership interest or right, either directly or by implication, is granted to Customer or its employees to use any intellectual property of the Company. Materials used by Company in the production process, whether held electronically or otherwise, will remain Company’s exclusive property.

Customer hereby grants Company all necessary rights, including a fully paid up, royalty free, worldwide, irrevocable, non-exclusive license  to use Customer’s intellectual property (“Customer IP”) to perform  Company’s obligations hereunder, including but not limited to: using, reproducing, distributing, and creating and producing derivative works of Customer IP and incorporating Customer IP into Products. Where Products are manufactured, sold or delivered under the license granted by Customer, or in accordance with Company’s descriptions or specifications, Customer shall indemnify and hold harmless Company against all claims and demands alleging infringement of any intellectual property or other rights of third parties.

Consent to Contact via Email and Telephone: By consenting to Avery Dennison’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at shop@embelex.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. You can see our Privacy Policy (link) to determine how we collect and use your personal information.  

Warranty: Company does not guarantee color fastness, non-shrinkage or stonewash resistance levels or consistency of color of paper or substrates or ink or matching of typography for Products imaged or rendered by Company. Customer shall not reject the Products or claim against Company for variations in dimensions, quantity, format, hardness, quality, satin finish and/or color, which are beyond the reasonable control of Company.

Colors of Products shall match to samples or sketches provided on this Website as accurately as possible, but no guarantee given for an exact match. Lithographic Products will be matched to standardized or established (e.g. Pantone®) colors and produced within normal commercial print colorants for color match.

All statements, technical information, recommendations, drawings and other particulars concerning Products or samples provided by Company, descriptions and illustrations contained in catalogs, price lists and other advertisements of Company are approximate only or based upon tests believed to be reliable, and shall not constitute any representation, guarantee or warranty.

IT IS THE SOLE RESPONSIBILITY OF CUSTOMER TO DETERMINE WHETHER THE PRODUCTS ARE SUITABLE FOR CUSTOMER’S PURPOSES. COMPANY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ON THE BASIS THAT CUSTOMER HAS INDEPENDENTLY DETERMINED THE SUITABILITY OF THE PRODUCTS YOUR PURPOSE.

NOTWITHSTANDING THE ABOVE, ALL WARRANTIES GIVEN BY COMPANY ARE SUBJECT TO APPLICABLE LAWS. ANY OTHER WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY OR OTHERWISE, WHETHER EXPRESSED OR IMPLIED BY LAW, IS HEREBY EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Copyright and Other Intellectual Property Rights related to Digital Millennium Copyright Act (DMCA): As a responsible enterprise, Company respects the intellectual property rights of others and expects our users (Customers) to do the same. If you believe that any content or material available on this Website or service infringes your copyright or other intellectual property rights, you may file a notice of such infringement and send it to Avery Dennison. The Company will take appropriate action in accordance with the applicable intellectual property laws.


To be effective, your notice of infringement must be in writing and include the following:

  • Identification of the copyrighted work or other intellectual property right that you claim has been infringed;
  • A description of the content or material on this Website that you claim infringes your copyright or other intellectual property rights and where it is located;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that the use of the content or material in the manner complained of is not authorized by the copyright or other intellectual property right owner, its agent, or the law;
  • A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other intellectual property right that is allegedly infringed.

Company reserves the right to remove any content or material that is alleged to infringe the copyright or other intellectual property rights of others, and to terminate the accounts of repeat infringers.


Indemnification: You agree to indemnify, defend and hold harmless Avery Dennison, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of this Website; (b) your breach of any of these Terms; (c) anything you post on or upload to this Website; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing this Website using your account whether such access is obtained via fraudulent or illegal means.


Force Majeure: Company shall not be liable for a delay or failure to perform any of its obligations hereunder if such delay or failure is due to any event or circumstances beyond Company's reasonable control included but not limited to fire, flood, war, military actions, mechanical breakdown, failures of carriers, embargo, riot, labor unrest (including but not limited to strike, go-slow, work to rule), the intervention of any governmental authority, terrorist act, diseases, pandemics, epidemics, or other viral outbreaks, embargo, failure of third parties (including suppliers and/or logistics provider), telecommunications or power outage, riot, government requirements, natural disasters, cyber-attacks, delays by suppliers or materials shortages, difficulty in obtaining workers due to increased costs or otherwise goods or transport, or any other causes or contingencies beyond Company’s reasonable control. Company's contractual obligations shall be suspended with the duration of the force majeure event. Company has the right to terminate its contractual obligations if the force majeure event impacts its performance.


Governing Law: These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and interpreted in accordance with the laws of the State of Ohio, USA. Subject to section 19, we both agree to the exclusive jurisdiction of the courts of the State of Ohio, USA, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Ohio.  Any legal action arising out of or relating to these Terms, the Terms of Use or the transactions contemplated by these Terms or arising from alleged extra contractual facts prior to, during or subsequent to the agreement, including, without limitation, fraud, misrepresentation, negligence or any other tort or violation of contract, shall be brought in the District Court of the Northern District of Ohio, Eastern Division or the Court of Common Pleas for  Lake County, Ohio, and we both consent to the exclusive personal jurisdiction of such courts in any such action and waive any defense of inconvenient forum to the maintenance of an action in the above-referenced courts in Ohio.


Waiver: No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 


Third Party Beneficiaries: These Terms are made for the sole benefit of the parties thereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy.


Compliance with laws: Customer shall not export or re-export any of Company's and/or its affiliates' technical data or Products to any country, party or entity to which export or re-export is forbidden by the European Union and/or the United States of America. Customer represents and warrants that it shall comply with all applicable laws and regulations including but not limited to relevant European Union and U.S.A. Laws and Regulations on export, the UK Anti-Bribery Act, the Foreign Corrupt Practices Act of the United States of America and the OECD Convention on Combating Bribery of Foreign Public Officials.


Severability: In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.


Accounts: When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on this Website. You are responsible for safeguarding the password that you use to access this Website and for any activities or actions under your password, whether your password is with this Website or a third-party service. You agree not to disclose your password to any third party. You must notify Avery Dennison immediately  at the email address securityoperations@averydennison.com upon becoming aware of any breach of security or unauthorized use of your account.


Termination, Deactivation and Suspension: The obligations and liabilities of the parties incurred prior to the termination date, and all of the provisions of these Terms, shall survive the termination of these Terms for all purposes. Customer or Company may terminate Customer's account at any time. If Customer violates these Terms, we also will have the right to deactivate or limit your access to this Website and associated services. Customer agrees that any termination, limitation and/or deactivation may be affected by the Company without prior notice, and that we may immediately delete all related information, files and content in your account. Upon termination, your right to use this Website will terminate immediately. We will not be liable in any manner for such termination, deactivation, limitation or deletion.


Website Terms of Use:  The Customer acknowledges and shall comply with the Website Terms of Use (link).


Changes to these Terms: You may view the most current version of the Terms and Conditions of Online Sales (Premier League Nashville) at any time on this page.


We reserve the right, at our sole discretion, to modify, replace or update any portion of these Terms by posting revisions and changes on this Website. It is your responsibility to periodically review this Website for any changes. Your continued use of or access to this Website following the posting of any revisions or changes to these Terms constitutes your acceptance of those changes. 


We recommend that you carefully review the Terms and Conditions of Online Sales (Premier League Nashville) periodically to ensure that you are aware of any changes. If you do not agree with any of the changes, you must immediately stop using this website and our services.


Respect in the Workplace Policy Statement: At Avery Dennison, we are committed to creating and maintaining a work environment based on respect and dignity. Our staff is our most valuable asset, and it is our policy to ensure that every employee is treated with courtesy and respect.

We expect all interactions between employees and customers to be conducted in a professional and respectful manner. Our commitment to a respectful workplace extends beyond our employees; we expect customers, vendors, and visitors to adhere to the same standard of conduct.

Accordingly, we reserve the right to refuse service or entry to our website to any individual who displays behavior that is deemed disrespectful or rude towards our employees. This includes, but is not limited to, verbal harassment, abuse, aggression, discrimination, or any form of intimidating conduct.

This policy is in place to protect the well-being of our employees and ensure that coolhockey.com remains a safe and positive environment for all. We appreciate your cooperation and understanding in helping us uphold these values.