Terms of service

TERMS OF SERVICE
Last updated: Last updated: 14/11/2025

This website is operated by The Annoying Present (“we”, “us”, “our”). Throughout the site, the terms “we”, “us” and “our” refer to The Annoying Present. We offer this website, including all information, tools and services available from this site to you, the user, conditional 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 and policies referenced or linked herein. These Terms apply to all users of the Site.
If you do not agree to these Terms, you may not access the website or use any Services.

SECTION 1 – BUSINESS IDENTITY

For the purposes of these Terms of Service, “The Annoying Present” refers to the sole proprietorship operating the website https://theannoyingpresent.com.

Our business mailing and return address is:

The Annoying Present
Attn: Returns
Tyler Smith
Unit 156, 1364 McPhillips Street
Winnipeg, MB R2X 2M4, Canada

SECTION 2 – ONLINE STORE TERMS

You represent that you are the age of majority in your province. You may not use our products for any illegal or unauthorized purpose.
You must not transmit any destructive code.
A breach of any Term results in immediate termination of your Service.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason.
You agree not to duplicate or exploit any part of the Service without permission.
Credit card information is always encrypted.

SECTION 4 – ACCURACY OF INFORMATION

We do not guarantee that all information on this site is accurate or current. You agree to monitor changes.

SECTION 5 – PRODUCTS OR SERVICES

Products may have limited quantities.
We may change prices or discontinue items at any time.
We do not guarantee your device displays product colours accurately.

SECTION 6 – BILLING AND ACCOUNT INFORMATION

We may refuse or cancel any order.
You agree to provide accurate, current information.
See our Refund Policy for more details.

SECTION 7 – THIRD-PARTY TOOLS & LINKS

We may provide access to third-party tools and are not liable for their use.
We are not responsible for third-party websites linked from our site.

SECTION 8 – USER CONTENT

By submitting reviews or content, you grant us permission to use, publish, and distribute it without compensation.

SECTION 9 – PERSONAL INFORMATION

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

SECTION 10 – SHIPPING, RISK OF LOSS & DAMAGED ITEMS

A) Shipping Estimates

All delivery dates are estimates only.

B) Risk of Loss

Risk of loss transfers to you once the carrier marks the package as delivered.
We are not responsible for packages lost or stolen after delivery confirmation.

C) Damaged or Incorrect Items

You must contact us within 7 days with:

  • Photos

  • Order number

  • Description of issue

We may offer a replacement, credit, or refund at our discretion.

D) Replacement as Sole Remedy

Your exclusive remedy is replacement, store credit, or refund.

SECTION 11 – DROPSHIPPING & THIRD-PARTY FULFILLMENT

We may ship items from third-party suppliers, including international warehouses.
Shipping origin, packaging, and carrier may vary.
Customs duties or taxes may apply.

SECTION 12 – PRODUCT USE & SAFETY DISCLAIMER

Products are for personal use only.
We are not responsible for injury, loss, or damage caused by misuse, improper installation, or lack of supervision.
We do not provide professional advice.

SECTION 13 – ERRORS & OMISSIONS

We may correct errors or inaccuracies at any time without notice.

SECTION 14 – PROHIBITED USES

You may not use the site for illegal activity, harassment, hacking, infringement, spamming, or any prohibited behaviour.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Service is provided “as is”.
We do not guarantee uninterrupted operation.

To the fullest extent permitted by law:

  • We are not liable for indirect or consequential damages.

  • Our total liability is limited to the amount you paid for the order giving rise to the claim.

SECTION 16 – INDEMNIFICATION

You agree to indemnify and hold harmless The Annoying Present from claims arising out of your breach of these Terms.

SECTION 17 – SEVERABILITY

If any provision is unenforceable, the remainder remains in effect.

SECTION 18 – TERMINATION

We may terminate your access at any time.

SECTION 19 – GOVERNING LAW

These Terms are governed by the laws of Manitoba, Canada and the federal laws of Canada.

SECTION 20 – ARBITRATION & CLASS ACTION WAIVER

Agreement to Arbitrate

Any dispute or claim will be resolved through binding individual arbitration in Winnipeg, Manitoba, Canada.

Small Claims Exception

You may bring eligible claims in small claims court.

No Class Actions

You waive the right to participate in any class, collective, or representative action.

Opt-Out

You may opt out within 30 days of your first purchase by emailing
tyler@theannoyingpresent.com

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to:
tyler@theannoyingpresent.com

The Annoying Present
Unit 156, 1364 McPhillips Street
Winnipeg, MB R2X 2M4, Canada