Terms & Conditions
Note: Minimum Order is $20.00 before shipping and taxes or a small order fee will apply.
BlackFly Lures requires payment through PayPal.
If you are not satisfied in any way, please return the item(s) for a full refund, exchange, or credit—whichever you prefer. Return within 30 days with a quick note stating your preference please include your invoice number and order number (on your invoice). You must notify us within 7 days of receiving your order of any or discrepancies.
You must notify us within 7 days of receiving your order of any intended returns or a re-stocking fee of 20% will become applicable on all returned goods. All returned goods must be unused in original packaging and resalable condition. No returns will be accepted after 30 days.
Prices shown are in your local currency whether you live in Canada or the United States of America. Canadian Dollars in Canada, and US Dollars in the United States of America. US Dollar prices are based on the exchange rate of Canadian dollars to US Dollars, and fluctuate as the exchange rate changes. All prices are subject to change without notice. Prices do not include applicable taxes.
TERMS AND CONDITIONS
By using this site or the site at Blackflylures.com (https://www.blackflylures.com/) (collectively, the “Site”), you accept these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use the Site. Except where stated otherwise, the term “Blackflylures.com” used on the Site shall be deemed to include Black Fly Lures. and its affiliates, subsidiaries, successors and assigns. Blackflylures.com reserve the right, at its discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check these terms and conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms and conditions will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
Blackflylures.com owns and operates the Site. “Blackflylures.com”, the Blackflylures.com logo, and our motto are copyrights. Other registered trade-marks, trade-marks, related words, domain names and logos which are the property of Blackflylures.com may appear from time to time on the Site. Blackflylures.com’s trade-marks may not be used without Blackflylures.com’s express authorization and, without limiting the generality of the foregoing, Blackflylures.com’s trade-marks may not be used in connection with any products or services which are not Blackflylures.com’s or authorized by Blackflylures.com, or in any manner that is likely cause confusion among customers or potential customers of Blackflylures.com, or in any manner that disparages or discredits Blackflylures.com.
All material contained on the Site including the content, site design, text, graphics, and the selection and arrangement thereof are the copyright of Blackflylures.com (unless otherwise expressly stated). No material from the Site or any website owned, operated, licensed, or controlled by Blackflylures.com may be copied, reproduced, republished, framed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. You may not display or provide for display pages from this Site in a frame. If you wish to link to this Site, please contact us to obtain our written approval. Failure to obtain such approval in advance is a violation of this agreement and an infringement of Blackflylures.com’s copyright and other proprietary rights, and is expressly prohibited. Modification of the materials or use of the materials for any other purpose than those described above is a violation of Blackflylures.com’s copyright and other proprietary rights, and is also strictly prohibited.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS. BLACKFLYLURES.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMIT PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. BLACKFLYLURES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE BLACKFLYLURES.COM INCLUDES LINKS TO OTHER WEBSITES THAT BLACKFLYLURES.COM HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST BLACKFLYLURES.COM WITH RESPECT TO SUCH WEBSITES.
NONE OF BLACKFLYLURES.COM OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.
SECURITY AND PRIVACY
Blackflylures.com strives at all times to protect the security and privacy of any information you provide over the internet to Blackflylures.com. However because of the inherent nature of the internet, Blackflylures.com cannot guarantee that this information will not be improperly accessed or used by third parties. You are submitting this information over the internet to Blackflylures.com at your own risk. For further information please refer to the Privacy and Security sections of this Site.
PRODUCT INFORMATION AND FLYERS
We cannot guarantee the availability of any products or items described on the Site and some may not be available at all Blackflylures.com locations or at all due to space limitations, unavailability of supply or for other reasons. All prices shown are before any applicable tax. Blackflylures.com reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.
While Blackflylures.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Blackflylures.com at any time. Without limiting the generality of any other terms and conditions on this Site, Blackflylures.com does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product.
You agree to indemnify, defend and hold harmless Blackflylures.com, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity (including negligent or wrongful conduct) related to your use of the Site.
GOVERNING LAW AND JURISDICTION
The Site is controlled by Blackflylures.com from its office within the Province of Ontario, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Ontario, Canada, by accessing this Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable to the Province of Ontario, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.
In the event that any parts of any terms and conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those terms and conditions will not fail on account thereof, and the balance of the terms and conditions will continue in full force and effect. The terms and conditions on the Site constitute the entire agreement between you and Ontario governing your use of the Site. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The failure or delay of Ontario in exercising any right or remedy under the terms and conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
Your privacy is important to us. BlackFlyLures.com respects the privacy of users who visit the site. No effort is made to identify individuals without their knowledge.
From time to time, we ask users to provide their e-mail address or mailing address for the purpose of mailing BlackFly Lures catalogues and other mailing (for example, special offers, or information about trade shows).
Whenever the identity of a visitor is recorded, we will clearly indicate the purpose of the request before the information is requested. If you choose to supply your postal address in an online form, you will never receive mailings from other companies.
BlackFlyLures.com maintains a strict “no-spam” policy. Your e-mail address will not be sold to a third party if you sign up for one of our e-newsletters.
If you sign up for an e-mail newsletter at a BlackFlyLures.com site, you will receive only the e-mail newsletter you have requested. You may receive on occasion an offer to sign up for a new newsletter, but you will not receive additional newsletters or discussion list mailings unless you specifically request them.