Terms of Use

1. Acceptance of Terms

By accessing or using Fenix Tactical, including any related pages, features, content, or services made available through the site, you agree to be bound by these Terms of Use and by any policies referenced in them. If you do not agree to these terms, you must not use the site.

We may update these terms from time to time by posting a revised version on the site. Your continued use of the site after any changes are posted means you accept the revised terms.

2. Eligibility and Site Use

You represent that you are legally able to enter into a binding agreement and to use this site in accordance with these terms and applicable law. The site is intended to provide general product, support, and purchasing information related to flashlights, headlamps, accessories, and related gear. Information on the site is for general informational purposes only and is not a substitute for professional advice tailored to your specific situation.

3. Orders, Pricing, and Payment

Product listings, descriptions, and prices on the site are invitations for you to make an offer to purchase. Your completed order is an offer to buy. An order is accepted only when Fenix Tactical sends a shipment confirmation notice. We may refuse, limit, cancel, or correct any order at any time before shipment, including where a product is unavailable or where pricing or other information was posted in error.

Payment must be received before shipment unless we agree otherwise in writing. If an order is canceled after payment, any refund will be issued using the original payment method for the portion of the order that is not shipped.

Prices shown on the site may be displayed in Canadian dollars and, where applicable, other currencies. Shipping charges, taxes, duties, and handling charges, if any, are additional unless clearly stated otherwise.

4. Shipping and Delivery

Any shipping or delivery time shown on the site is an estimate only. Product availability may change, and some items may be backordered or unavailable for immediate shipment. Fenix Tactical will make commercially reasonable efforts to ship orders promptly, but shipping dates are not guaranteed.

Fenix Tactical is not liable for losses, damages, costs, or expenses arising from shipping or delivery delays, carrier delays, stock shortages, or events outside our reasonable control. Additional shipping restrictions may apply to certain products or destinations.

5. Returns, Warranty, and Other Policies

Returns, exchanges, warranty service, shipping charges, and product eligibility are governed by the policies posted on the site at the time of your purchase, including any applicable returns, shipping, or warranty pages. Manufacturer warranties, if any, are provided by the applicable manufacturer and not by Fenix Tactical unless expressly stated otherwise.

Your use of the site is also subject to our Privacy Policy and any other policies or notices posted on the site from time to time.

6. Accuracy of Information

You agree to provide only true, accurate, current, and complete information when using the site, placing an order, creating an account, submitting a review, or contacting us. You are responsible for keeping your information up to date. We may suspend, limit, or terminate access if we reasonably believe that information you provided is false, misleading, outdated, or incomplete.

7. Copyright, Content, and Trademarks

All content on this site, including text, product descriptions, graphics, logos, icons, images, downloads, code, design, layout, and the arrangement of content, is owned by Fenix Tactical and/or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may access and use the site for your personal, non-commercial, informational shopping use only. You may not copy, reproduce, republish, upload, distribute, modify, create derivative works from, reverse engineer, scrape, or otherwise exploit any portion of the site or its content without prior written permission, except where applicable law expressly allows it.

All trademarks, service marks, trade names, and product names appearing on the site remain the property of their respective owners.

8. Third-Party Links

The site may contain links to third-party websites or resources. Fenix Tactical does not control and is not responsible for the content, accuracy, availability, privacy practices, or terms of use of any third-party site. A link does not imply endorsement, sponsorship, or affiliation unless expressly stated.

9. User Content and Reviews

If you submit reviews, comments, photographs, testimonials, questions, suggestions, or other content through the site, you grant Fenix Tactical a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable right to use, reproduce, modify, adapt, publish, translate, display, distribute, and otherwise use that content in connection with our business and the operation of the site.

You represent that you own or control all necessary rights in any content you submit and that your submission does not violate any law or third-party rights. We may, but are not required to, monitor, edit, remove, or refuse any user-submitted content at our sole discretion.

10. Prohibited Conduct

You may not use the site in a way that is unlawful, abusive, fraudulent, harmful, or disruptive. Without limitation, you may not:

• interfere with the security, operation, or availability of the site;
• use scraping tools, bots, spiders, data-mining tools, or similar automated methods to access or collect content;
• copy or frame the site or any of its content without permission;
• submit false, misleading, infringing, defamatory, obscene, abusive, or unlawful content;
• attempt to gain unauthorized access to accounts, systems, code, or data;
• use the site or any of its content to compete unfairly with Fenix Tactical or divert traffic through deceptive means;
• send spam, unsolicited commercial communications, or malicious code through or in connection with the site.

11. Disclaimers

The site and all information, content, services, and products made available through it are provided on an "as is" and "as available" basis, to the fullest extent permitted by law. Fenix Tactical disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, or uninterrupted access.

We do not warrant that the site will be error-free, uninterrupted, secure, or free of viruses or other harmful components, or that any information on the site is complete, current, or accurate at all times. Product images, descriptions, specifications, and availability may change without notice.

12. Limitation of Liability

To the fullest extent permitted by law, Fenix Tactical and its affiliates, officers, directors, employees, agents, licensors, and suppliers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of data, revenue, profits, goodwill, or business opportunities, arising out of or related to your use of, or inability to use, the site or any products or services purchased through the site.

To the fullest extent permitted by law, if Fenix Tactical is found liable to you for any claim arising from the site or your purchase through the site, our total liability will not exceed the amount you actually paid to Fenix Tactical for the product or service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fenix Tactical and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, judgments, penalties, costs, and expenses, including reasonable legal fees, arising out of or related to your breach of these terms, your misuse of the site, your submitted content, or your violation of any law or third-party rights.

14. Changes to the Site

We may modify, suspend, discontinue, restrict, or remove any part of the site, including products, features, pages, and content, at any time and without notice. We are not liable for any such changes or interruptions.

15. Governing Law

These terms and any dispute arising out of or relating to the site or these terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to applicable law, you agree that disputes will be brought exclusively in the courts located in Ontario, Canada, and you consent to the jurisdiction of those courts.

16. Termination

Fenix Tactical may suspend, restrict, or terminate your access to the site at any time, with or without notice, if we believe you have violated these terms or if we otherwise determine it is appropriate to do so. Provisions that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, and general terms.

17. Electronic Communications

By using the site, submitting information, placing an order, or clicking buttons that initiate actions or confirm purchases, you agree to receive communications electronically and acknowledge that electronic notices, agreements, records, and signatures satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

18. General Terms

If any provision of these terms is found invalid or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. These terms, together with any policies referenced in them, form the entire agreement between you and Fenix Tactical regarding your use of the site.

Any cause of action or claim you may have arising out of or relating to the site or these terms must be commenced within one (1) year after the claim arises, to the extent permitted by law.

19. Contact

Fenix Tactical
6045 Creditview Rd., Suite 333
Mississauga, ON L5V 0B1

Email: info@fenixtactical.com
Phone: +1-437-707-6240