Terms of service

Terms of Service

These Terms of Service govern your access to and use of sipnshiftph8.com, including purchases made through the website.

The website and online store are operated by PH8 Holdings Inc., carrying on business as Sip n Shift PH8 (“Sip n Shift PH8,” “we,” “us” or “our”).

By visiting the website, creating an account, submitting information or purchasing a product, you agree to these Terms of Service and all policies incorporated into them, including our:

• Return and Refund Policy;
• Shipping Policy;
• Privacy Policy;
• Preorder Policy, where applicable; and
• Any additional terms displayed on a product page or during checkout.

Please read these Terms carefully before using the website. If you do not agree with them, do not use the website or place an order.

Nothing in these Terms is intended to exclude, restrict or waive a consumer right or remedy that cannot legally be excluded, restricted or waived.

1. Business information

The website is operated by:

Legal business: PH8 Holdings Inc.
Operating name: Sip n Shift PH8
Jurisdiction: Ontario, Canada
Website: sipnshiftph8.com
Customer-service email: team@sipnshiftph8.com

Customers should use the contact information above for order enquiries, cancellations, returns, legal notices and other communications.

2. Eligibility to use the website

You must be at least the age of majority in your province, territory or country of residence to place an order independently.

A person who has not reached the applicable age of majority may use the website and purchase products only with the involvement and permission of a parent or legal guardian.

By placing an order, you confirm that:

• The information you provide is truthful and complete;
• You are authorized to use the selected payment method;
• You are legally capable of entering into the transaction; and
• The purchase is not being made for an unlawful or fraudulent purpose.

3. Products and services

Sip n Shift PH8 sells products that may include:

• Diecast model vehicles;
• Collectible model cars;
• Display cases and protectors;
• Collector accessories;
• Branded merchandise;
• Preorder and specially sourced products; and
• Other products listed on the website.

Products may be intended for adult collectors and may contain small parts. Product packaging should be reviewed for manufacturer age recommendations, warnings and safety information.

We may add, modify, discontinue or limit products without notice. Product availability is not guaranteed.

4. Product descriptions and images

We make reasonable efforts to present product descriptions, photographs, specifications, dimensions, scales, colours, packaging conditions and availability accurately.

However:

• Screen settings may cause colours to appear differently;
• Product photographs may not show every minor packaging imperfection;
• Manufacturer images may differ slightly from the finished product;
• Manufacturers may change packaging, colours, wheels, decals or specifications;
• Production models may contain normal manufacturing variations; and
• Dimensions and estimated arrival dates may be approximate.

Where photographs show the specific item being sold, the customer should review all photographs before purchasing.

A product that is materially different from its description will be handled according to applicable law and our Return and Refund Policy.

5. Collectible condition

Cards, blisters, boxes, acrylic cases, protective sleeves and other packaging may form part of the collectible product.

Unless a product listing expressly guarantees a specific packaging grade, we do not guarantee perfectly flawless packaging. Minor factory, shelf, handling or transportation imperfections may occur.

Known material packaging damage will be disclosed where reasonably possible. Products marked as:

• Damaged packaging;
• Scratch and dent;
• Loose;
• Opened;
• Clearance;
• Imperfect; or
• Final sale

are sold in the condition shown and described, subject to mandatory legal rights.

6. Third-party brands

The website may refer to or display products and trademarks associated with manufacturers such as Hot Wheels, Mini GT, INNO64, Kaido House, M2 Machines, Tarmac Works, Pop Race, GreenLight and other brands.

All third-party trademarks, brand names, product names, logos and copyrighted materials remain the property of their respective owners.

Unless expressly stated in writing, the display or sale of a branded product does not mean that Sip n Shift PH8 is:

• Sponsored by the manufacturer;
• Endorsed by the manufacturer;
• An exclusive dealer;
• An authorized dealer; or
• Affiliated with the manufacturer.

Brand references are used to identify genuine products offered for sale or discussed on the website.

7. Prices and currency

Unless otherwise stated, prices on the Canadian store are displayed in Canadian dollars.

Applicable taxes, shipping charges and other mandatory charges will be disclosed before the customer submits the order.

International customers may see converted prices for convenience. The final amount charged may depend on the payment provider’s exchange rate and applicable conversion fees.

We do not control exchange rates or fees charged by banks, credit-card providers or other payment processors.

Canadian competition law prohibits materially misleading representations and treats unattainable advertised prices caused by undisclosed obligatory charges as misleading pricing. Accordingly, all fixed mandatory charges under our control should be disclosed before checkout is completed. 

8. Pricing and listing errors

Despite reasonable efforts, a product may occasionally be listed with an incorrect:

• Price;
• Description;
• Photograph;
• Quantity;
• Availability status;
• Shipping charge; or
• Product specification.

We may correct genuine errors before fulfilling an order.

Where an order is affected by a material error, we may contact the customer to confirm whether they wish to proceed on the corrected terms. If the customer does not agree, or if the order cannot legally or reasonably be completed, we will cancel the affected item and refund the amount paid for it.

We will not substitute a higher price or materially different product without the customer’s agreement.

9. Orders and acceptance

Submitting an order does not guarantee that it will be accepted or fulfilled.

After an order is submitted, we may send an acknowledgement confirming that it was received. This acknowledgement does not necessarily confirm product availability.

An order may be declined or cancelled because of:

• Insufficient inventory;
• A pricing or listing error;
• Failed or reversed payment;
• Suspected fraud;
• Shipping restrictions;
• An incomplete or unverifiable address;
• Supplier or manufacturer cancellation;
• Product discontinuation;
• Purchase-quantity restrictions;
• Violation of these Terms; or
• Another legitimate operational or legal reason.

If we cancel a paid order, we will refund the affected amount to the original payment method unless another remedy is agreed to by the customer.

10. Payment

You agree to provide current, complete and accurate billing and payment information.

Payments may be processed by Shopify, Shopify Payments or another approved payment provider. We do not normally receive or store complete credit-card numbers.

You authorize the applicable payment provider to charge:

• The product price;
• Applicable taxes;
• Shipping charges;
• Agreed optional services; and
• Any other charge disclosed before the order is submitted.

An order may be delayed or cancelled if payment is declined, reversed, flagged for review or cannot be verified.

11. Fraud prevention and order verification

We may take reasonable steps to protect customers and the business against fraud.

These steps may include:

• Confirming billing information;
• Requesting additional order verification;
• Limiting purchase quantities;
• Comparing billing and shipping information;
• Contacting the customer;
• Delaying fulfillment while a transaction is reviewed; or
• Cancelling and refunding a suspicious transaction.

Any personal information collected during verification will be handled according to our Privacy Policy and applicable privacy legislation.

12. Taxes, customs and import charges

Canadian customers are responsible for applicable sales taxes charged during checkout.

International customers may also be responsible for:

• Customs duties;
• Import taxes;
• Brokerage charges;
• Handling fees; and
• Other government or carrier charges.

Unless expressly stated otherwise, international duties and import charges are not included in the product price or shipping charge and are payable by the recipient.

We are not responsible for delays caused by customs authorities.

13. Shipping and delivery

Shipping estimates are provided in good faith but are not guaranteed delivery dates unless expressly stated otherwise.

Delivery may be affected by:

• Weather;
• Courier interruptions;
• Customs processing;
• Transportation delays;
• Incorrect addresses;
• High-volume periods;
• Labour disruptions;
• Natural disasters; or
• Other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address.

When an order is marked delivered but cannot be located, the customer should:

1. Check the delivery location and surrounding property;
2. Ask other household members;
3. Check with neighbours or building management; and
4. Contact the courier and Sip n Shift PH8 promptly.

Additional shipping terms are contained in our Shipping Policy.

14. Local pickup

Where local pickup is offered, customers must follow the pickup instructions provided with the order.

Customers may be asked to provide:

• The order confirmation;
• The customer’s name;
• Government-issued identification; or
• Authorization from the named purchaser.

Pickup times are not guaranteed until confirmed.

Orders that are not collected within the stated pickup period may be cancelled, restocked or otherwise handled according to the Local Pickup Policy and applicable law.

15. Preorders

A preorder is an order for a product that has not yet arrived or been released.

Manufacturer and distributor release dates are estimates and may change. Delays may occur because of production, licensing, allocation, transportation, customs or supplier issues.

By purchasing a preorder, you acknowledge that:

• The arrival date is an estimate;
• The product may be delayed;
• Manufacturer details may change;
• Supplier allocations may be reduced;
• In-stock items ordered with preorders may be held until all items are available unless otherwise stated; and
• Separate preorder terms may apply.

If a product becomes permanently unavailable or we cancel the preorder, the amount paid for the unavailable item will be refunded unless the customer agrees to another remedy.

Any non-refundable deposit will be treated as non-refundable only when that condition was clearly disclosed before purchase and is legally enforceable.

16. Purchase limits and resale

We may place reasonable quantity limits on scarce, limited, chase, preorder or promotional products.

We may cancel orders that reasonably appear to involve:

• Automated purchasing;
• Circumvention of quantity limits;
• Multiple accounts created to avoid limits;
• Fraudulent resale activity;
• Unauthorized payment methods; or
• Conduct that unfairly interferes with access by other customers.

Legitimate collectors and resellers are not prohibited from purchasing unless a product listing or promotion expressly states a restriction.

17. Promotions and discount codes

Promotions and discount codes:

• Apply only during the advertised period;
• May be limited to eligible products;
• May have minimum purchase requirements;
• May exclude preorders, rare items or gift cards;
• May not be combined unless expressly permitted;
• Have no cash value; and
• May be cancelled where issued or used in error, fraudulently or contrary to their stated terms.

A refund involving a promotional purchase may be adjusted to reflect the discount, promotional gift or bundle terms.

18. Returns, exchanges and refunds

Returns, exchanges, cancellations and refunds are governed by our Return and Refund Policy.

That policy forms part of these Terms.

A final-sale designation does not eliminate a mandatory legal remedy relating to an incorrect, materially misdescribed, defective or unlawfully supplied product.

19. Customer accounts

Some website features may permit customers to create an account.

You are responsible for:

• Maintaining the confidentiality of your login information;
• Using a secure password;
• Restricting access to your device;
• Keeping account information accurate; and
• Notifying us promptly about suspected unauthorized access.

We may suspend or close an account that is connected with fraud, abuse, unlawful activity or repeated violations of these Terms.

20. Reviews, photographs and customer submissions

Customers may be permitted to submit reviews, comments, photographs, videos, want-list requests or other content.

You retain ownership of your original content. By submitting content for public display, you grant Sip n Shift PH8 a non-exclusive, worldwide, royalty-free licence to use, reproduce, format and display that content for operating and promoting the website and business.

This licence does not permit us to falsely attribute statements to you or materially change the meaning of your review.

You confirm that submitted content:

• Is truthful and based on genuine experience;
• Does not infringe another person’s rights;
• Does not contain confidential personal information;
• Is not defamatory, threatening or discriminatory;
• Does not contain malicious code or spam; and
• Is not submitted in exchange for undisclosed compensation.

We may moderate or remove content that violates these requirements, but we are not obligated to publish every submission.

21. Prohibited uses

You may not use the website to:

• Break any applicable law;
• Commit or facilitate fraud;
• Submit false payment or identity information;
• Infringe intellectual-property rights;
• Harass, threaten or abuse another person;
• Upload viruses or malicious code;
• Scrape or harvest customer information;
• Interfere with website security;
• Attempt unauthorized access to an account or system;
• Circumvent purchase limits;
• Place fraudulent chargebacks;
• Misrepresent your connection with Sip n Shift PH8; or
• Use website content for unauthorized commercial purposes.

We may restrict access to the website where we reasonably believe these Terms have been violated.

22. Intellectual property

Unless otherwise indicated, the website’s original content—including the Sip n Shift PH8 name, original artwork, written content, photographs, layouts, graphics and other brand materials—is owned by or licensed to PH8 Holdings Inc.

You may use the website for personal, non-commercial shopping and informational purposes.

You may not reproduce, distribute, modify, sell, license or commercially exploit our original content without written permission.

Third-party product names, images and trademarks remain subject to the rights of their respective owners.

23. Third-party services and links

The website may rely on or link to third-party services, including:

• Shopify;
• Payment processors;
• Shipping carriers;
• Social-media platforms;
• Analytics providers;
• Email services; and
• External websites.

Third parties operate under their own terms and privacy practices.

We are not responsible for the independent content, security, availability or conduct of a third-party website or service, except to the extent that applicable law makes us responsible.

24. Privacy

Personal information is handled according to our Privacy Policy and applicable privacy legislation.

PIPEDA establishes rules for private-sector organizations that collect, use or disclose personal information during commercial activities, including requirements relating to accountability, consent, limited collection, safeguards, openness and individual access. 

The Privacy Policy should explain, among other things:

• What information is collected;
• Why it is collected;
• How it is used;
• Which service providers receive it;
• Whether information is processed outside Canada;
• How long it is retained;
• How customers may request access or correction; and
• How privacy questions or complaints can be submitted.

25. Website availability

We try to keep the website accurate, secure and available, but continuous or error-free access cannot be guaranteed.

The website may occasionally be unavailable because of:

• Maintenance;
• Updates;
• Technical failures;
• Internet outages;
• Security incidents;
• Third-party service interruptions; or
• Events outside our reasonable control.

We may change, suspend or discontinue a website feature where reasonably necessary.

26. Informational content

Collector guides, articles, release information, estimated values, product comparisons and other informational content are provided for general information.

Collectible values and market prices may change. Nothing on the website constitutes a guarantee that a diecast product will:

• Increase in value;
• Maintain its resale value;
• Remain rare;
• Receive a particular production quantity; or
• Produce a financial return.

Customers should make purchasing decisions based on their own interests, research and budget.

27. Disclaimer of warranties

To the fullest extent permitted by law, the website and its general informational content are provided on an “as available” basis.

We do not guarantee that:

• The website will always be uninterrupted;
• Every website error will be corrected immediately;
• Third-party services will always remain available; or
• General collector information will remain current indefinitely.

This section does not exclude any statutory warranty, condition, representation or consumer remedy that cannot legally be excluded.

It also does not excuse us from supplying products in accordance with their descriptions and applicable law.

28. Limitation of liability

To the fullest extent permitted by applicable law, Sip n Shift PH8 and PH8 Holdings Inc. will not be liable for indirect, incidental, special or consequential loss arising solely from the use or inability to use the website.

Where liability may legally be limited, our aggregate liability relating to a particular purchase will not exceed the amount paid for the product or transaction giving rise to the claim.

These limitations do not apply to liability that cannot legally be excluded or limited, including liability arising from:

• Fraud;
• Wilful misconduct;
• Gross negligence where legally applicable;
• Personal injury caused by our negligence;
• Breach of mandatory consumer rights; or
• Another obligation that applicable law prohibits us from limiting.

29. Responsibility for misuse

To the extent permitted by law, you are responsible for losses reasonably caused by your fraudulent, unlawful or unauthorized misuse of the website.

This provision does not require a consumer to compensate us merely for exercising a legal right, making a good-faith complaint, requesting a chargeback with a legitimate basis or pursuing a lawful remedy.

30. Governing law

These Terms and transactions through the Canadian store are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario.

Any dispute may be brought before a court or tribunal with lawful jurisdiction.

Nothing in this section removes:

• A consumer’s right to use the Small Claims Court where applicable;
• A statutory complaint or enforcement process;
• A consumer’s right to commence or participate in a proceeding permitted by law; or
• Mandatory protections available in another jurisdiction.

31. Dispute resolution

Before commencing formal proceedings, the customer and Sip n Shift PH8 are encouraged to attempt to resolve the dispute by written communication.

A customer should provide:

• Their name;
• Order number;
• Description of the issue;
• Relevant photographs or records; and
• The requested resolution.

We will review the concern and respond within a reasonable period.

Arbitration will not be mandatory for an Ontario consumer unless the consumer voluntarily agrees to arbitration after the dispute arises or applicable law otherwise permits it. Ontario’s consumer legislation protects consumer rights despite contrary waivers and restricts mandatory pre-dispute arbitration clauses. 

32. Changes to these Terms

We may update these Terms when necessary because of:

• Changes to the website;
• New products or services;
• Operational changes;
• Changes in payment or shipping providers;
• Security requirements; or
• Changes in applicable law.

The updated version and effective date will be posted on the website.

The Terms in effect when an order is placed will generally govern that order unless:

• A later change is required by law;
• The customer agrees to the change; or
• The change gives the customer greater protection.

33. Severability

If a court or tribunal finds that part of these Terms is invalid or unenforceable, that part will be interpreted or limited only to the extent necessary.

The remaining provisions will continue to apply where legally possible.

34. No waiver

A delay or failure by Sip n Shift PH8 to enforce a provision does not permanently waive that provision or any other right.

Any waiver must be clear and applies only to the particular circumstances for which it was given.

35. Entire agreement

These Terms, together with the policies and transaction details presented during checkout, form the agreement between the customer and Sip n Shift PH8 regarding the website and purchase.

Where there is a conflict:

1. Mandatory applicable law prevails;
2. Specific terms disclosed and accepted for a particular product or order prevail over general terms;
3. The Return and Refund Policy governs returns and refunds;
4. The Preorder Policy governs preorders; and
5. These Terms govern all remaining matters.

36. Contact us

Questions about these Terms, orders or customer rights may be sent to:

SIP N SHIFT PH8
Operated by PH8 Holdings Inc.
Ontario, Canada
Website: sipnshiftph8.com
Email: team@sipnshiftph8.com