Terms of service

TOP SELECT CANADA — TERMS OF SERVICE

OVERVIEW

This website is operated by Top Select Canada. Throughout the site, the terms “we”, “us” and “our” refer to Top Select Canada. Top Select Canada offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, vendors, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the website or use our Services.

Any new features or tools added to the store will also be subject to these Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our website.

Our store is hosted by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your province, state or jurisdiction of residence, or that you are the age of majority and have given us consent to allow any of your minor dependants to use this site.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any applicable laws in your jurisdiction.

You must not transmit worms, viruses, malicious code or other material of a destructive nature.

A breach or violation of these Terms may result in termination of your Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any lawful reason at any time.

You understand that your content, excluding credit card information, may be transferred across various networks and may undergo technical changes necessary to conform to connecting networks or devices. Credit card information is encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information available on this site is accurate and current. However, information may occasionally be incomplete, outdated or inaccurate.

The material on this site is provided for general information and should not be relied upon as the sole basis for making decisions where more accurate, complete or timely information may be required.

Historical information may be provided for reference only.

We reserve the right to modify the contents of this site at any time.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part of it, at any time.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where otherwise required by applicable law.

SECTION 5 — PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through our website. These products may have limited quantities and are subject to return or exchange according to our Refund Policy.

We make every effort to display product colours and images as accurately as possible. However, we cannot guarantee that your device will display colours accurately.

We reserve the right, where permitted by law, to limit the sale of our products or Services to any person, geographic region or jurisdiction.

We may limit quantities purchased per customer, household, account or order.

Product descriptions, availability and pricing may change without notice.

We reserve the right to discontinue any product at any time.

Any offer made on this site is void where prohibited.

Returns and exchanges are subject to our Refund Policy.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where permitted by law.

We may limit or cancel quantities purchased per person, household, account or order. These restrictions may include orders placed using the same customer account, credit card, billing address or shipping address.

We may also limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors where the applicable product or promotion is intended for retail customers.

If we change or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided when the order was placed.

You agree to provide current, complete and accurate purchase and account information and to promptly update your information when necessary.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools over which we do not monitor or have control.

You acknowledge that these tools may be provided “as is” and “as available” without warranties, representations or conditions of any kind.

Your use of optional third-party tools is at your own risk and discretion, subject to the terms imposed by the applicable third-party provider.

We may introduce additional Services, tools or website features in the future, which will also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products or Services available through our website may include materials from third parties.

Third-party links may direct you to websites that are not affiliated with Top Select Canada.

We are not responsible for examining or evaluating the content, accuracy, practices or policies of third-party websites.

Please review the applicable third party's policies before engaging in transactions with them.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit reviews, feedback, suggestions, ideas or other materials to us, you agree that we may use those submissions in accordance with applicable law and our Privacy Policy.

We are under no obligation to maintain unsolicited submissions in confidence, provide compensation for them or respond to them.

We may monitor, edit or remove content that we reasonably determine is unlawful, offensive, threatening, defamatory, misleading, obscene, abusive, infringes the rights of another party or otherwise violates these Terms.

You agree that your submissions will not violate the rights of any third party and will not contain unlawful, abusive or malicious material.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of your submissions.

You are responsible for the accuracy of the content you submit.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel orders where information in the Service is inaccurate, including after an order has been submitted, subject to applicable law.

Nothing in this section limits any rights or remedies available to consumers under applicable law.

SECTION 12 — PROHIBITED USES

You are prohibited from using the site or its content:

  • for any unlawful purpose;

  • to solicit others to participate in unlawful acts;

  • to violate applicable laws or regulations;

  • to infringe intellectual property rights;

  • to harass, abuse, threaten, defame or discriminate against others;

  • to submit false or misleading information;

  • to upload or transmit malicious code;

  • to collect or track personal information unlawfully;

  • to spam, phish, scrape or otherwise misuse the Service;

  • to interfere with or circumvent security features; or

  • for any other unlawful or prohibited purpose.

We reserve the right to terminate or restrict your use of the Service for violations of these Terms.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that use of our Service will always be uninterrupted, timely, secure or error-free.

The Service and products provided through the Service are made available subject to applicable consumer protection laws and any warranties expressly provided by the applicable manufacturer.

To the maximum extent permitted by applicable law, Top Select Canada and its directors, officers, employees, affiliates, agents, contractors, suppliers and service providers will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Service.

Nothing in these Terms excludes or limits any liability or consumer right that cannot legally be excluded or limited.

SECTION 14 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Top Select Canada and its affiliates, directors, officers, employees, agents, contractors, licensors, service providers and suppliers from claims arising from your breach of these Terms, violation of applicable law or infringement of the rights of a third party.

SECTION 15 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 16 — TERMINATION

These Terms remain effective unless terminated by you or us.

You may terminate your use of the Service at any time by ceasing to use our website or notifying us that you no longer wish to use our Services.

If we reasonably determine that you have violated these Terms, we may restrict or terminate access to the Service as permitted by applicable law.

Amounts legitimately owed before termination remain payable.

SECTION 17 — ENTIRE AGREEMENT

Our failure to exercise or enforce any provision of these Terms will not constitute a waiver of that provision.

These Terms, together with policies and operating rules posted on our website, constitute the agreement governing your use of the Service.

SECTION 18 — GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by and construed in accordance with the applicable laws of Canada and the province or territory whose laws apply to the transaction.

Nothing in these Terms limits mandatory consumer rights available under applicable provincial, territorial or federal law.

SECTION 19 — PROMOTIONAL DISCOUNTS AND OFFERS

Top Select Canada may periodically offer discount codes, welcome offers, automatic discounts, sale pricing, quantity discounts, tiered pricing, bulk pricing, free gifts, free shipping or other promotional offers.

Unless a specific promotion expressly states otherwise:

Only one promotional discount or offer may be applied to an order. Promotional offers, discount codes and other discounts cannot be combined or stacked.

Eligibility requirements and exclusions displayed with a promotion form part of the terms of that promotion.

Welcome Discounts

Welcome or first-order discounts are intended for eligible first-time retail customers and eligible retail purchases.

Unless expressly stated otherwise, welcome discounts:

  • are limited to one use per eligible customer;

  • apply only to eligible products;

  • cannot be combined with another promotional discount;

  • cannot be combined with bulk or tiered pricing;

  • may exclude multipacks, including 10-pack or other bulk-pack listings;

  • may exclude products already receiving special, negotiated or account-specific pricing; and

  • may be subject to minimum purchase requirements or other conditions displayed with the offer.

Multipack, Bulk and Tiered Pricing

Multipack listings, bulk packs, quantity discounts and tiered pricing may already incorporate a discount compared with purchasing the same quantity of individual units.

Unless expressly stated otherwise, these prices and discounts cannot be combined with welcome discounts, promotional codes or other promotional discounts.

Automatic Discounts and Discount Codes

Some discounts may be applied automatically by our website while others require a promotional code.

Where two or more promotions are not eligible to be combined, applying a new discount may replace an existing discount rather than being added to it.

The discount and final purchase price actually displayed at checkout before payment are the amounts applicable to the order, subject to correction of errors as permitted by law.

Customers are encouraged to review their cart, discounts and final order total before completing payment.

If an expected discount does not appear at checkout, customers should contact us before submitting the order so that we can review eligibility and assist with the promotion.

Completing an order does not create an entitlement to an additional or retroactive discount that was not applied to or eligible for the transaction at checkout, except where required by applicable law or expressly agreed to by Top Select Canada.

Promotional Changes

Promotions may:

  • begin or end at specified times;

  • have limited availability;

  • apply only to selected products or customers;

  • require a minimum purchase;

  • exclude specific products or categories;

  • be limited to one redemption per customer;

  • be modified or withdrawn before an order is completed; and

  • contain additional terms stated in the promotion itself.

Where the terms displayed with a specific promotion differ from these general promotional terms, the specific promotional terms will govern.

SECTION 20 — LOYALTY PROGRAM TERMS

Top Select Canada may offer loyalty, rewards, referral, VIP and/or partner programs (“Loyalty Program”) through our website or through third-party providers including, but not limited to, Smile.io, Klaviyo, Judge.me and Reviews.io.

Participation in the Loyalty Program is subject to these Terms.

Eligibility

The Loyalty Program is intended for individual customers and approved business customers located in Canada.

We reserve the right to refuse, suspend or terminate participation in the Loyalty Program where permitted by law and where there is suspected abuse, fraud or misuse.

Only one loyalty account may be maintained per individual or business unless otherwise approved by us.

Points and Rewards

Points may be earned through qualifying purchases and promotional activities as specified on our website or promotional materials.

Points have no cash value, are non-transferable, may not be redeemed for cash and may not be sold, exchanged or combined between accounts unless expressly permitted.

Points may take up to fifteen (15) days after a qualifying order is paid to be approved and added to a customer account.

Points earned from cancelled, refunded, fraudulent or disputed orders may be removed from the customer account.

Rewards, discounts, credits, free products, shipping benefits and other incentives may be subject to additional conditions, expiration dates, minimum purchase requirements or usage limitations.

Point Expiration

Unless otherwise stated, loyalty points expire twelve (12) months after issuance or inactivity.

Expired points may be automatically removed and cannot ordinarily be restored.

Referral Program

Referral rewards are intended for legitimate new-customer referrals only.

Self-referrals, duplicate accounts, fraudulent referrals, abuse of referral codes or other activity intended to manipulate the referral system are prohibited.

We reserve the right to cancel referral rewards, revoke points, invalidate coupons or terminate accounts involved in suspected abuse or fraudulent activity.

VIP and Partner Tiers

VIP tiers, Elite Partner benefits, account credits, free products, shipping rewards, promotional access, net payment offers, hold-order services, testing units and other tier-related benefits may be subject to eligibility criteria established by Top Select Canada.

Qualification may be based on annual points earned, purchasing activity and account standing.

Tier status does not create a contractual right to continued membership, benefits or future rewards.

Program Modifications and Termination

We reserve the right to modify, suspend or terminate the Loyalty Program, rewards, point structures, redemption values, tier qualifications, benefits or promotional offers, subject to applicable law.

Third-Party Providers

Our Loyalty Program may use third-party services or platforms.

We are not responsible for interruptions, errors, delays or technical issues caused solely by third-party providers where permitted by applicable law.

Abuse and Misuse

Abuse, manipulation, fraudulent activity, misuse of rewards or violation of these Terms may result in:

  • removal of points or rewards;

  • cancellation of ineligible benefits;

  • suspension or termination of loyalty accounts;

  • removal from VIP or partner tiers; and/or

  • restriction from future program participation.

SECTION 21 — CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms at any time on this page.

We reserve the right to update, change or replace portions of these Terms by posting updates to our website, subject to applicable law.

Changes will apply prospectively unless otherwise permitted by law.

SECTION 22 — CONTACT INFORMATION

Questions regarding these Terms should be sent to:

Email: support@topselect.ca

Alberta Address:
331-1500 14th Street SW
Calgary, Alberta, Canada
T3C 1C9

BC Address:
210-233 W 1st Street
North Vancouver, BC, Canada
V7M 1B3

SECTION 23 — MOBILE TERMS OF SERVICE

Last updated: June 26, 2025

The Top Select Canada Ltd. mobile message service (“Service”) is operated by Top Select Canada Ltd. (“Top Select Canada”, “we” or “us”).

Your use of the Service constitutes your agreement to these Mobile Terms.

We may modify or cancel the Service or any of its features as permitted by applicable law.

By consenting to Top Select Canada Ltd.'s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Top Select Canada Ltd. at the mobile number you provided.

Promotional messages may include promotions, specials, cart reminders and other marketing offers.

You do not have to sign up for SMS marketing in order to make a purchase. Your consent to receive marketing messages is not a condition of purchasing from Top Select Canada. Participation is voluntary.

We do not charge for the Service, but your wireless carrier may charge message or data fees. Message frequency varies.

You may opt out at any time by texting STOP to +1 833-713-2353 or by using an unsubscribe link where available.

After opting out, you may receive a one-time confirmation message. No further marketing messages will be sent through that program unless you later provide consent again.

If you participate in multiple Top Select Canada messaging programs, you may need to opt out of each program separately.

For assistance, text HELP to +1 833-713-2353 or email support@topselect.ca.

We may change the telephone number used to operate the Service and will provide notice where required.

Wireless carriers are not responsible for delayed or undelivered messages.

You agree to provide a valid mobile number and update your information if your number changes.

To the extent permitted by applicable law, we are not responsible for failed, delayed or misdirected delivery of messages resulting from circumstances outside our reasonable control.

Your personal information is handled in accordance with our Privacy Policy.