Terms and Conditions
Terms of Use, Agreement and Privacy Statement and Shipping & Returns
Disclaimer content of this site should not be construed as professional advice.
Information on this web site was obtained from a variety of resources and publications and is provided for informational purposes only. Consult your practitioner or personal trainer before beginning or making changes to your exercise program. Nothing on this site should be construed as professional advice. No relationship is formed between the provider and the user. Use of any content on the Site is at your own risk. Force of Habit Barbell Company Inc. (FOH) or www.forceofhabit.ca shall not be liable for any consequences resulting from reliance on the content herein.
Under Age Children
Force of Habit Barbell Company Inc. (FOH) does not appeal directly to children of 14 years old or less. We do not knowingly direct our advertising at children under the age of 14, except as permitted by law.
Use of This Website
Your access to and use of this site is subject to all applicable laws and regulations which apply to this site, to the Internet and/or to the World Wide Web, as well as these terms and conditions. Your accessing of this site and/or your use of this site constitutes acceptance of these terms and conditions without reservation, limitation or qualification.
These terms and conditions are subject to change at any time and it is your responsibility to keep informed of such changes. Any such change shall be effective immediately upon posting to this site. Your continued access and/or use of this site constitutes your continuing acceptance of these terms and conditions without reservation, limitation or qualification.
The information posted by the site operator of this site is believed to be accurate when posted but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this site is strictly on an “as is” basis and you must not assume that this site will be error free or that it will operate without interruption or as intended.
Licence to Website and Agreement to Terms and Conditions
By accessing Force of Habit Barbell Company Inc. (FOH)’s websites www.forceofhabit.ca or downloading any content, you agree to be bound by the most recent Terms and Conditions of the site. You agree that your licence to use this site is contingent upon your agreement to abide by these Terms and Conditions. Force of Habit Barbell Company Inc. (FOH) reserves the right to terminate your licence at any time, for any reason.
Content
Force of Habit Barbell Company Inc. (FOH) makes no representation or guarantees as to the accuracy, completeness and adequacy or currency of any of the content on this site posted by any users.
Intellectual Property Rights, Trademarks and Copyrights
Materials on the site were produced and/or compiled by Force of Habit Barbell Company Inc. (FOH) and copyright in materials and graphical properties and elements on the site are owned by Force of Habit Barbell Company Inc. (FOH) unless otherwise noted. Permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the information, materials and graphics provided on this site is prohibited except with written permission from Force of Habit Barbell Company Inc. (FOH) via forceofhabitbarbell@gmail.com
Logos, designs, photographs and art work are trademarks or service marks of Force of Habit Barbell Company Inc. (FOH). Force of Habit Barbell Company Inc. (FOH) is the owner of all designs herein and may not be reproduced without written permission from Force of Habit Barbell Company Inc. (FOH). Please contact us through forceofhabitbarbell@gmail.com to make a request for permission and/or further information about how to obtain permission.
Some of the materials and graphical elements found on the site are subject to copyrights held by third parties. In such cases, additional restrictions on the reproduction of materials or graphical elements may apply and it may be necessary to seek permission from the rights holder prior to reproducing the material. To obtain information concerning copyright ownership on the site, please contact us.
All materials published or otherwise accessible through this site including but not limited to, designs, articles, text, photographs, images, illustrations, audio clips, video clips and other materials are protected by copyright and are owned or controlled by Force of Habit Barbell Company Inc. (FOH) and any others which may own copyright or the party credited as the provider of the content. All visitors shall abide by all additional copyright notices, information and restrictions contained in the content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in any content accessed through this site.
The trademarks, logos, service marks, names, logos and icons identifying products and services displayed on the site are registered and/or unregistered trademarks of Force of Habit Barbell Company Inc. (FOH). Nothing contained on the site shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the site without the written permission of Force of Habit Barbell Company Inc. (FOH). Misuse of the trademarks displayed on the site or any other content on the site is strictly prohibited. Force of Habit Barbell Company Inc. (FOH) will enforce its intellectual property rights to the fullest extent of the law.
Linking to Website
You may provide links to this website provided you do not remove or obscure by framing or otherwise, any portion of the page to which you are linking and you give Force of Habit Barbell Company Inc. (FOH) or www.forceofhabit.ca notice of such link by sending an e-mail to forceofhabitbarbell@gmail.com.
Breach of Terms and Conditions
Force of Habit Barbell Company Inc. (FOH) reserves the right to investigate complaints or breaches of the Terms and Conditions. Force of Habit Barbell Company Inc. (FOH) may report any suspected unlawful activity to law enforcement agencies. Force of Habit Barbell Company Inc. (FOH) reserves the right to seek all applicable remedies available by law and in equity.
Governing Law and Jurisdiction
The Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario. All disputes will be handled within the jurisdiction of the Province of Ontario.
Legal Terms of Use While Visiting Any Force of Habit Barbell Company Inc. (FOH) Website Namely “www.forceofhabit.ca”
Fraud Prevention, Copyright Protection
We reserve the right to co-operate with all levels of authorities to investigate improper or unlawful activities. Any unlawful activities may be reported to the appropriate authorities, Force of Habit Barbell Company Inc. (FOH) website including www.forceofhabit.ca.
The privacy policy may be updated on a regular basis to reflect changes to practices. It is recommended to check this page for new information. Your use of Force of Habit Barbell Company Inc. (FOH)’s www.forceofhabit.ca website indicates your consent to such terms.
Limitation of Liability
Force of Habit Barbell Company Inc. (FOH) takes no responsibility for the accuracy or validity of any claims or statements contained in the information or related graphics of this site.
Submissions, Entries and Uploads to www.forceofhabit.ca
Any communication or material transmitted to Force of Habit Barbell Company Inc. (FOH) via www.forceofhabit.ca by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like is and will be treated as non-confidential and non-proprietary. Any Submissions, entries and uploads you transmit or post become the property of Force of Habit Barbell Company Inc. (FOH) and may be used and exploited for any purpose including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in anyway, whether for commercial gain or otherwise and with or without your name associated with the material.
Force of Habit Barbell Company Inc. (FOH) will be free to use any ideas, concepts, know-how or a technique contained in any submissions, entries and uploads for any purpose whatsoever including but not limited to, developing, manufacturing and marketing products using such information. The submitter will be deemed for all purposes to have assigned and transferred to Force of Habit Barbell Company Inc. (FOH) all copyright, trademark and other intellectual property rights in and to the submission, entry, and/or upload and to have irrevocably waived and released all moral and/or personality rights in and to the submission, entry and/or upload and you acknowledge and agree that any act that is required to send a submission, entry and/or upload will be deemed for all purposes to be your electronic signature to these terms and conditions.
You shall not submit or otherwise publish through this site or through any available forums or news groups anything which defames, libels or invades the privacy of any person, is obscene, pornographic, abusive, threatening or infringes on any intellectual property and other rights of any person or entity, including without limitation to copyrights and trademarks, violates any law, advocates or describes any illegal activity or advertises or solicits funds for goods or services.
Indemnity
You promise to indemnify and save Force of Habit Barbell Company Inc. (FOH) from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements resulting directly or indirectly from your breach of any of your agreements, representations or warranties set out in these terms and conditions, your access to or use of this site or any site to which this site is or may be linked or your use of, reliance on or publication, communication or distribution of anything on or from this site or any site to which this site may be linked and/or your violation of any law or regulation.
Privacy Policy
Force of Habit Barbell Company Inc. (FOH) recognizes the importance of an individual’s right to keep personal information private. We have made a commitment to ensuring that personal information in our custody remains secure and is not used in a manner that is inconsistent with this Policy and with Canadian privacy legislation. We do this by adhering to the principles that relate to the collection, use, retention and disclosure of your personal information. These principles are based on Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), in effect since January 1, 2004.
Canadian Privacy Legislation (PIPEDA)
PIPEDA governs the rights of individuals with respect to the collection, use and disclosure of their personal information by any private sector organization that engages in commercial activities. It states that information must be gathered with consent of the individual to whom the information relates, collected for a reasonable purpose, used only for the purposes for which it was collected, disclosed only with consent of the individual to whom the information relates, kept accurate and up-to-date, accessible for the owner’s inspection and correction and stored securely.
Our Collection, Use and Disclosure of Personal Information
When Force of Habit Barbell Company Inc. (FOH) collects personal information, we always disclose the purposes for which we are collecting the information, the manner in which we plan to use the information and the entities to which the information will be disclosed. We may use and disclose the personal information we collect from our customers, consumers, subscribers and other individuals to manage our relationship with such individuals, to administer accounts, to provide business services and to otherwise carry on our business operations.
If we choose to use personal information already in our custody for a purpose that was not identified at the time we initially collected the information, unless the new purpose is required or authorized by law, we will seek the consent of the affected individuals before using this information for these new purposes.
Privacy Statement
The privacy policy governing this site does not apply to information that we may collect from you by other means (including offline) or from other sources. It governs the collection, use and disclosure of the information we obtain from you when you subscribe for our publications, online newsletter service, and any other information obtained from you through e-mail communications. We use all information collected from you to complete information requests to the extent necessary to operate our programs, to provide the required services to you and to help in the development of Force of Habit Barbell Company Inc. (FOH) services and products. All such communications we receive from you are also subject to the terms and conditions governing Submissions, stated elsewhere in these Terms and Conditions.
Cookies
As with most Internet sites, the site collects a variety of technical data, including your IP address (a unique number that identifies your access account on the Internet), domain and World Wide Web browser information. We do not log the specific identity of visitors. Information about individual users is not shared with any third party.
Our site may use "cookies". Cookies are small text files that a Web site can use to recognize repeat users and facilitate the user's ongoing access to and use of the site. For example, a cookie may store your password or note your particular areas of interest. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. We do not record or store any information about your movements on the Internet outside of the www.forceofhabit.ca site. You can choose to decline our cookies by setting your browser to reject cookies but if you do, some parts of the site may not operate properly.
These terms and conditions are governed by the laws of the Province of Ontario.
Shipping and Returns
Shipping Cost
The cost of shipping is determined by the weight, size and number of packages that are being shipped as well as the distance of the destination address from our distribution centre in Everett, ON Canada.
Shipping rates can be obtained before making a purchase by simply adding the products to the cart and then entering your address, postal or zip code and clicking the “Calculate shipping” button.
Delivery Time
Orders are shipped within 1-3 business days. Force of Habit Barbell Company Inc. (FOH) spares no effort to guarantee a fast shipment of each and every order. However, delays may occur during a busy season or due to severe weather conditions and situations beyond our control.
Address Change
Force of Habit Barbell Company Inc. (FOH) reserves the right to request additional information prior to approving orders where the billing address is different from the shipping address. Customer may be required to add the shipping address on your credit card file with your credit card issuer as a secondary address to complete the address.
Couriers
All of our packages are shipped via Canada Post or FedEx. The customer will receive an email to notify them that the order has been shipped. In most cases a tracking number will be provided at this time. In addition, the majority of Force of Habit Barbell Company Inc. (FOH) shipments within Canada will require a signature from the receiver to complete the delivery. The estimated delivery date is an approximation only and not a guarantee that the order will arrive on the date specified by the courier.
Courier Rates
The cost of shipping your order is based on a number of factors which include but are not limited to; base rate, declared value, fuel surcharge, oversize, signature required surcharge, residential surcharge, rural surcharge & HST.
Tracking
Canada Post shipments can be tracked at www.canadapost.ca and FedEx shipments can be tracked at www.fedex.ca. Tracking information is often available upon acceptance of the item by the courier. Please make sure to track your order to avoid any problems or delays as Canada Post and FedEx will make one delivery attempt after which the item will be taken to the nearest depot where the item can be claimed within one (1) week before it is returned back to Force of Habit Barbell Company Inc. (FOH). If an item is returned to our warehouse, it will be the customer’s responsibility to cover the cost of reshipping the package(s).
Multi-Box Shipments
In certain cases products can be combined and shipped together. Therefore, the number of packages delivered might be less than the number of products that were purchased. This does not necessarily mean that some items are missing, only that some packages contain more than one item. Please always open all your packages prior reporting missing product(s) to ensure nothing is actually missing.
Damaged Upon Arrival
If the shipment arrives with visible damage to the box, images should be taken of the damaged package and immediately brought to the attention of the driver. The content of the package(s) should be carefully reviewed in order to guarantee that no damage was caused to the shipped item. If damaged was sustained during the shipping process, immediately report the damage to Force of Habit Barbell Company Inc. (FOH) so that we can file a claim with the courier. Please note that the package(s) must be kept in their original condition as the courier may require them for inspection.
Local Delivery Service
We offer local white-glove delivery service, this service is only available to customers located within the Greater Toronto Area (GTA). The cost of white-glove delivery service is a flat rate of $85.00 + HST ($96.05) and payment must be made to Force of Habit Barbell Company Inc. (FOH) via e-transfer prior to delivery. It is not possible to combine an online purchase with white-glove delivery service. White-glove delivery service includes delivery and set-up where applicable.
P.O. Boxes
We often ship to P.O. Box addresses; however, Canada Post will not ship packages that are greater than 65 lbs. (30kgs) to a P.O. Box. Therefore, if you purchase a large item(s), please provide us with a physical address including a suite or unit number, so that we can ship the order with FedEx. FedEx will not ship to a P.O. Box address under any circumstances, a physical address is required.
Returns & Refunds
Online purchases may be returned for a full refund (less shipping and handling) within seven (7) days of receiving the item(s). All merchandise for return must be in new condition, sealed in its original packaging. Force of Habit Barbell Company Inc. (FOH) does not accept returns on items that are not sealed in their original packaging.
In order to return a product, you must obtain a return authorization. To do so, please email forceofhabitbarbell@gmail.com with the following information:
• Subject line: “Product Return Request”
• Body of e-mail: Please include your full name, phone number, order number and reason for return request.
Shipping costs associated to the return are the customer's responsibility. However, in the event that we have shipped an incorrect item, Force of Habit Barbell Company Inc. (FOH) will be responsible to cover shipping and handling costs.
Please note: If an item is sent back without obtaining a return authorization, we do not guarantee a refund or replacement. Refunds may take up to fourteen (14) days.
Backordered Items
If an order contains a backordered item, Force of Habit Barbell Company Inc. (FOH) reserves the right to determine how to proceed with the order taking into consideration the complexities of obtaining the backordered item(s).
Force of Habit Barbell Company Inc. (FOH) updates availability status on a daily base, however on extremely rare occasions popular items sell out before we are able to update the availability status. In this case, any customer who purchases an item that is recently out of stock will receive a timely email notification providing the customer with these options:
1. Remove the backordered item and proceed with the rest of the order. We will automatically adjust the pricing and shipping to reflect the changes made to the order.
2. Leave the order pending until all item(s) are in stock.
3. Cancel the order.
We will try our best to provide an estimated date of arrival on backordered items but unfortunately it is not always possible to provide an exact date for the arrival of an out of stock item(s).