Terms and Conditions

Effective Date: February 20, 2025

Welcome to 5ish Co., a trademark of Novatis Imports Inc. These Terms and Conditions govern your use of our website www.5ishco.com and your purchase of products from us. By accessing our website or making a purchase, you agree to be bound by these Terms and Conditions.

Please read these terms carefully before using our website or placing an order. If you do not agree with any part of these terms, you must not use our website or purchase our products.

1. Definitions

  • Company, We, Us, Our: Refers to Novatis Imports Inc., operating as 5ish Co.

  • Website: Refers to www.5ishco.com

  • You, Your, Customer: Refers to the individual or entity accessing our website or purchasing products

  • Products: Refers to officially licensed fan gear, merchandise, and related items offered for sale on our website

  • Order: Refers to your request to purchase products from us

2. Acceptance of Terms

By using our website, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy and Return Policy.

We reserve the right to modify these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of the website after changes are posted constitutes acceptance of the modified terms.

3. Eligibility and Age Restriction

You must be at least 18 years of age to use our website and purchase products. By using our website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.

If you are under 18, you may only use our website with the involvement and consent of a parent or legal guardian.

4. Account Registration and Security

To place an order, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration

  • Maintain and promptly update your account information

  • Maintain the confidentiality of your account password

  • Accept responsibility for all activities that occur under your account

  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time for violations of these Terms and Conditions or for any other reason at our sole discretion.

5. Products, Descriptions, and Pricing

5.1 Product Information

We make every effort to display our officially licensed products as accurately as possible, including descriptions, colors, sizes, and specifications. However, we do not warrant that product descriptions, images, or other content on our website are accurate, complete, reliable, current, or error-free.

Colors of products displayed on our website may vary depending on your monitor settings and device. We are not responsible for variations in color or appearance between what is displayed and the actual product.

All officially licensed products displayed on our website have been approved by the respective licensors. The presence of licensed products on our website does not constitute an endorsement by the licensor of our company or products.

5.2 Pricing

All prices are listed in Canadian dollars (CAD). Applicable taxes (GST, PST, HST, or QST) will be added at checkout and are based on your shipping address.

We reserve the right to change product prices at any time without prior notice. Price changes will not affect orders that have already been placed and confirmed.

In the event of a pricing error on our website, we reserve the right to cancel any orders placed at the incorrect price and notify you of the cancellation.

6. Orders and Payment

6.1 Order Placement

When you place an order through our website, you are making an offer to purchase products subject to these Terms and Conditions. All orders are subject to acceptance by us.

We reserve the right to refuse or cancel any order for any reason, including but not limited to:

  • Product unavailability or stock issues

  • Pricing or product description errors

  • Suspected fraudulent, unauthorized, or illegal activity

  • Inability to verify or authenticate order information

  • Restrictions or limitations on quantities available for purchase

If we cancel your order, we will notify you by email and process a full refund to your original payment method. We will also cancel your order on our Shopify platform.

6.2 Payment

Payment is charged at the time of order placement. We accept payment through Shopify Payments and Stripe. By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge the total amount of your order, including taxes and shipping fees.

All payment transactions are processed securely through our payment processors. We do not store your complete credit card information on our servers.

7. Shipping and Delivery

7.1 Shipping Locations

We currently ship only within Canada. We do not ship to international destinations at this time.

7.2 Shipping Timeframes

Orders are typically processed and shipped within 3 to 7 business days of order placement. Shipping times may vary based on your location within Canada and the shipping carrier.

We will provide tracking information via email once your order has shipped. Orders containing two or more items may be shipped separately using various carriers. Each shipment will have its own tracking number.

7.3 Risk of Loss

We bear the risk of loss and damage during shipping. We maintain insurance coverage with our carriers for shipments.

Once your order is delivered with proof of delivery (signature or photographic evidence from the carrier), risk of loss transfers to you. You are responsible for inspecting products upon delivery and reporting any damage or defects immediately.

7.4 Shipping Delays

Estimated delivery times are provided by carriers and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, weather conditions, or other events beyond our control.

8. Returns and Refunds

Our Return Policy is incorporated into these Terms and Conditions by reference. Please refer to our Return Policy for detailed information about returns, refunds, exchanges, and defective products.

All returns require a Return Authorization Number. To request a return, please contact claims@5ishco.com.

9. Product Warranties and Disclaimers

9.1 Manufacturer Defects

We cover manufacturer defects in materials and workmanship for 30 days from the date of delivery, as outlined in our Return Policy. Defective products will be replaced or refunded at our discretion.

9.2 As-Is Sale

Except as expressly stated in our Return Policy regarding manufacturer defects, all products are sold on an AS IS and AS AVAILABLE basis without warranties of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 No Endorsement

The presence of officially licensed products bearing NHL, Budweiser, or other brand trademarks does not constitute or imply endorsement, sponsorship, or affiliation between those licensors and our company, except as expressly authorized by our licensing agreements.

10. Intellectual Property Rights

10.1 Licensed Content

Our products feature trademarks, logos, and intellectual property licensed from the National Hockey League (NHL), Budweiser, and other brand partners. All such trademarks, logos, and intellectual property are the property of their respective owners and are used under license.

10.2 5ish Co. Trademark

5ish Co. is a registered trademark of Novatis Imports Inc. All rights reserved. You may not use our trademark or branding without our prior written consent.

10.3 Website Content

All content on our website, including but not limited to text, graphics, logos, images, product descriptions, photographs, software, and design, is the property of Novatis Imports Inc. or its licensors and is protected by Canadian and international copyright laws.

10.4 Restrictions on Use

You may not:

  • Reproduce, duplicate, copy, or resell any products or content from our website for commercial purposes without authorization

  • Modify, adapt, translate, or create derivative works based on our website content

  • Use our trademarks, logos, or branding without express written permission

  • Remove or alter any copyright, trademark, or proprietary notices

11. Prohibited Uses and User Conduct

You agree not to use our website or services for any unlawful purpose or in any way that violates these Terms and Conditions. Prohibited activities include, but are not limited to:

  • Placing fraudulent orders or providing false information

  • Using automated systems, bots, or scripts to access, scrape, or collect data from our website

  • Attempting to gain unauthorized access to our website, servers, or systems

  • Impersonating another person or entity

  • Reselling products for commercial purposes without authorization from us

  • Transmitting viruses, malware, or other harmful code

  • Interfering with or disrupting the operation of our website or servers

  • Violating any applicable laws or regulations

We reserve the right to terminate your access to our website and take legal action for any violations of these prohibitions.

12. User-Generated Content and Product Reviews

12.1 Product Reviews

We allow customers to submit product reviews on our website. By submitting a review or other content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

12.2 Content Moderation

We moderate all product reviews and reserve the right to approve, reject, edit, or remove any user-submitted content at our sole discretion. We do not guarantee that all submitted reviews will be published.

We may remove content that:

  • Contains offensive, defamatory, or inappropriate language

  • Violates intellectual property rights

  • Contains personal information about others

  • Is spam, fraudulent, or misleading

  • Violates any applicable laws or regulations

You represent and warrant that any content you submit is original, accurate, and does not violate any third-party rights.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Our total liability to you for any claim arising out of or relating to these Terms and Conditions or your use of our website or products shall not exceed the amount you paid for the specific product or service giving rise to the claim.

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

  • We are not responsible for any service interruptions, website errors, technical issues, or loss of data that may affect your use of our website or services.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Novatis Imports Inc., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, costs, claims, and demands, including reasonable legal fees, arising out of or related to:

  • Your use of our website or products

  • Your violation of these Terms and Conditions

  • Your violation of any rights of a third party

  • Any content you submit to our website

15. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is due to events beyond our reasonable control, including but not limited to:

  • Natural disasters, severe weather, or acts of God

  • Labor disputes, strikes, or lockouts

  • Pandemics, epidemics, or public health emergencies

  • Supplier issues, material shortages, or manufacturing delays

  • Shipping carrier delays or disruptions

  • Government actions, regulations, or restrictions

  • War, terrorism, or civil unrest

  • Internet or telecommunications failures

  • Any other event beyond our reasonable control

In such circumstances, our performance obligations shall be suspended for the duration of the force majeure event.

16. Wholesale Terms

Wholesale purchases are subject to a separate wholesale agreement with different terms and conditions, including minimum order quantities, payment terms, and pricing structures.

If you are interested in wholesale purchasing, please contact us at wholesale@5ishco.com for more information and to discuss wholesale terms.

17. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms and Conditions or your use of our website or products shall be subject to the exclusive jurisdiction of the courts located in the Province of Quebec, Canada.

You irrevocably consent to the jurisdiction of such courts and waive any objection to venue in such courts.

18. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms and Conditions.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

19. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Novatis Imports Inc.

20. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Novatis Imports Inc. regarding your use of our website and purchase of products, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

21. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms and Conditions without restriction.

22. Contact Information

If you have questions about these Terms and Conditions, please contact us:

Novatis Imports Inc. (5ish Co.)

100 Gaston-Dumoulin, Unit 103

Blainville, Quebec J7C 0A3

Canada

Email: claims@5ishco.com

Phone: 1-877-NOVATIS

Website: www.5ishco.com

By using our website and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.