Terms of Use

Last Updated: 2025-03-28

Terms of use (Also referred to as "Terms of Service" , “Terms and Agreements” or "TOS")

Brass Knuckles Canada ("Company," "we," "us," or "our"), operating under the legal entity 16108253 Canada Inc., hereby establishes these comprehensive Terms and Conditions ("Terms") which constitute a legally binding agreement between you ("you," "your," or "User") and Brass Knuckles Canada governing your access to and use of the website located at brassknucklescanada.ca or .com (the "Site") and any purchases of plastic novelty knuckles or related products (collectively, the "Products"). By accessing the Site, creating an account, or purchasing any Products, you expressly acknowledge that you have read, understood, and agree to be bound by all terms, conditions, policies, notices, and disclaimers contained herein and in our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Site and refrain from purchasing any Products.

1. Introduction and Acceptance of Terms

The Site serves as an electronic marketplace that permits users to browse and purchase Products in accordance with these Terms. By utilizing the Site in any manner, including merely browsing product listings, you affirm and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is higher, and that you possess the legal capacity and authority to enter into binding contracts. Furthermore, you expressly represent and warrant that you have thoroughly reviewed and are fully knowledgeable about all applicable local, provincial, federal, and international laws, statutes, ordinances, regulations, and restrictions concerning the possession, use, importation, sale, purchase, or transportation of the Products offered on this Site. You agree to hold Brass Knuckles Canada, its officers, directors, employees, agents, affiliates, successors, and assigns completely harmless and blameless for any legal consequences, liabilities, damages, losses, claims, demands, or expenses (including reasonable attorneys' fees) that may arise from your misrepresentation of age, legal capacity, or authority, or from any violation of laws committed by you in connection with your use of the Site or Products.

2. Legal Agreement and Contract Formation

These Terms constitute a legally enforceable agreement between you, the User, and Brass Knuckles Canada, and govern all transactions conducted through the Site. The effective date of this Agreement ("Effective Date") shall be the earliest of: (a) the date you first access or use the Site; (b) the date you create an account; or (c) the date you place an order for Products. You acknowledge and agree that by using the Site, creating an account, or placing an order, you are entering into a binding legal contract and must accept these Terms exactly as written, without modification, addition, or deletion. No terms or conditions proposed by you that are in addition to or different from these Terms will be binding upon Brass Knuckles Canada unless expressly agreed to in writing by an authorized representative of the Company. If you are accessing or using the Site on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity. Brass Knuckles Canada reserves the right, in its sole and absolute discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders at any time without notice or liability.

3. Privacy Policy and Data Protection

Your privacy is important to us. All personal information collected through the Site or in connection with your purchase of Products is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site or purchasing Products, you consent to the collection, use, disclosure, and retention of your personal information as described in our Privacy Policy, including the transfer of such information to servers located outside your country of residence for processing and storage. The Privacy Policy explains how we collect, use, protect, and share information about you when you access the Site, create an account, place an order, or otherwise interact with us. It also describes your rights regarding your personal information and how you can exercise those rights. We encourage you to carefully review the Privacy Policy to understand our practices. Please note that we may update our Privacy Policy from time to time, and your continued use of the Site after such changes constitutes acceptance of the updated policy.

4. Modifications to Terms and Site

Brass Knuckles Canada reserves the unilateral right, at any time and without prior notice, to modify, amend, supplement, or otherwise change these Terms in whole or in part. Such modifications may include, but are not limited to, changes to pricing structures, shipping policies, return procedures, product offerings, or any other terms affecting your use of the Site or purchase of Products. You are solely responsible for regularly reviewing these Terms to stay informed of any changes. Your continued use of the Site following the posting of changes constitutes your binding acceptance of such changes. If you object to any modifications, your sole recourse is to immediately discontinue use of the Site. Notwithstanding the foregoing, material changes to these Terms that adversely affect your rights (such as increases in fees or reductions in services) will not apply retroactively to orders placed prior to the effective date of such changes. Brass Knuckles Canada may, but is not obligated to, provide notice of material changes via email or by posting a prominent notice on the Site. The Company also reserves the right to modify, suspend, or discontinue any aspect of the Site or Products, including availability of certain features or content, at any time without notice or liability.

5. Prohibited Uses and Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Brass Knuckles Canada, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. You agree not to use the Site or Products:

(a) for any unlawful purpose or in violation of any applicable law.

(b) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on any protected characteristic.

(c) to submit false or misleading information.

(d) to upload or transmit viruses or any other type of malicious code.

(e) to collect or track the personal information of others.

(f) to spam, phish, pharm, pretext, spider, crawl, or scrape.

(g) for any obscene or immoral purpose.

(h) to interfere with or circumvent the security features of the Site or Products.

Any unauthorized use terminates the permission or license granted by Brass Knuckles Canada. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as incidental to normal web browsing or as expressly permitted by these Terms.

6. Product Orders and Legal Compliance

All Products available through the Site are intended solely for lawful purposes as novelty items, collectibles, or fashion accessories.

By placing an order, you represent and warrant that:

(a) you are at least 18 years of age.

(b) you are legally permitted to purchase and possess the Products in your jurisdiction.

(c) you will use the Products only in compliance with all applicable laws and regulations.

(d) you will not modify the Products for use as weapons or for any unlawful purpose.

Some Products may be prohibited in certain jurisdictions, and it is your sole responsibility to ascertain and comply with all local, provincial, federal, and international laws regarding the purchase, possession, use, and transportation of the Products you order. Brass Knuckles Canada makes no representations or warranties regarding the legality of any Product in your specific jurisdiction and expressly disclaims any liability arising from your unlawful possession or use of Products. We reserve the right to refuse or cancel any order if we suspect violation of these Terms or applicable laws. You agree to indemnify and hold Brass Knuckles Canada harmless from any claims, damages, or legal actions resulting from your unlawful use of Products.

7. Payment Terms and Pricing

All purchases through the Site must be made using valid payment methods we accept, which currently include major credit cards (Visa, Mastercard, American Express), debit cards, PayPal, and Stripe Payments. You represent and warrant that:

(a) the payment information you provide is accurate and complete.

(b) you are authorized to use the payment method.

(c) you will promptly update your account information with any changes.

All prices are stated in Canadian dollars (CAD) and exclude applicable taxes (GST/HST) and shipping fees unless otherwise indicated. We reserve the right to correct any pricing errors, even after an order has been submitted, and to cancel any orders arising from such errors. By placing an order, you authorize us to charge your payment method for the total amount of your order (including taxes and shipping). In cases of suspected fraud or unauthorized transactions, we may cancel orders, request additional verification information, or restrict future purchases. Brass Knuckles Canada may, at its sole discretion, offer promotional discounts or pricing, which will be subject to separate terms and conditions.

8. Shipping and Delivery Policies

Brass Knuckles Canada ships Products throughout Canada and to select international destinations via reputable carriers such as Canada Post, UPS, and DHL. Shipping costs are calculated based on package weight, dimensions, destination, and selected shipping method, and will be displayed during checkout. Estimated delivery times are provided for informational purposes only and are not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or other events beyond our control. Risk of loss and title for Products pass to you upon delivery to the shipping carrier for domestic orders or upon customs clearance for international orders. For international shipments, you are solely responsible for all import duties, taxes, and customs clearance requirements. Some Products may be restricted in certain countries, and we reserve the right to refuse or cancel orders to prohibited destinations. If a package is returned to us due to an incorrect or incomplete address, refused delivery, or failure to pay import fees, we may charge additional shipping fees to resend the package or issue a refund minus a shipping and restocking fee.

9. Returns, Refunds, and Exchanges

Brass Knuckles Canada accepts returns of unused Products in their original packaging within 30 days of delivery for a refund or exchange, subject to the following conditions:

(a) you must first contact our customer service at [email protected] to obtain a Return Merchandise Authorization (RMA) number.

(b) returned Products must be in new, unused condition with all original packaging and tags.

(c) you are responsible for return shipping costs unless the return is due to our error.

(d) refunds will be issued to the original payment method within 14 business days of receiving the returned Products, minus any applicable restocking fees (typically 15% of the product price).

Customized or engraved Products cannot be returned or exchanged. Products damaged during shipping must be reported within 7 days of delivery with photographic evidence. Exchanges are subject to Product availability. Shipping fees are non-refundable except in cases of our error. Products returned without an RMA number or not complying with these requirements may be refused or returned to sender at your expense.

10. Product Warranties and Disclaimers

Certain Products may carry manufacturer warranties as specified in their product descriptions. For Products with SKU numbers beginning with "BKC," Brass Knuckles Canada provides a limited lifetime warranty against defects in materials and workmanship under normal use. This warranty does not cover damage from misuse, abuse, modification, or normal wear and tear. To make a warranty claim, you must contact customer service with proof of purchase and a description of the defect. Warranty service may include repair, replacement, or refund at our discretion. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BRASS KNUCKLES CANADA DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL PROVIDE ANY PROTECTION OR SECURITY.

11. Limitation of Liability

IN NO EVENT SHALL BRASS KNUCKLES CANADA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY PRODUCTS OBTAINED THROUGH THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE SITE, OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Brass Knuckles Canada and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

(a) your violation of these Terms.

(b) your use of the Site or Products other than as expressly authorized in these Terms.

(c) your violation of any law or the rights of any third party.

(d) any User Content you submit or transmit through the Site.

(e) your negligence or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

13. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the courts of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. General Provisions

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the sole and entire agreement between you and Brass Knuckles Canada regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 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 will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15. Contact Information

All notices, questions, comments, requests, and other communications regarding these Terms or the Site should be directed to: Brass Knuckles Canada

Email: [email protected]

We will respond to all legitimate inquiries within a reasonable time frame.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements posted on the Site, constitute the entire agreement between you and Brass Knuckles Canada concerning your use of the Site and purchase of Products, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Brass Knuckles Canada with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. Survival

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

18. Language

The parties have requested that these Terms and all related documents be drawn up in English.

Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

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