Terms of service

OVERVIEW

Welcome to Rectangle Triangle. This store and website are operated by Modern Elements Inc., carrying on business under the name Rectangle Triangle. Throughout these Terms, the terms "we", "us" and "our" refer to Modern Elements Inc.

Modern Elements Inc. operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

Information identifying our business, including our legal name, head office address and Québec enterprise number, is set out in our Legal Notice.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store, including the condition grading of pre-owned records. However, colours and product appearance may differ from how they appear on your screen due to the device you use and your device settings. Photographs of pre-owned items may be representative rather than of the exact copy offered.

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Nothing in this section limits the legal warranty of quality and durability, or any other warranty, that applies to the goods we sell under the consumer protection legislation applicable to you.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made, and will refund any amount already paid.

Our stock is shared between our physical locations, our online store and our Discogs store. Despite synchronization, an item may occasionally sell before your order is processed. In that case we will contact you and issue a full refund.

Returns and exchanges are governed by our Refund Policy, which is in addition to, and does not replace, the rights you hold under applicable consumer protection legislation.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. The currency of the transaction, applicable taxes and shipping charges are displayed at checkout before you confirm and pay.

Prices posted in our online store may differ from prices offered in our physical locations or in stores operated by third parties. We may offer promotions from time to time that are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information, including your email address and payment card details, so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment card information you provide is true, correct and complete, that you are authorized to use that card for the purchase, and that you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping, delivery timeframes, customs charges and transit problems are governed by our Shipping Policy.

Delivery times are estimates provided by the carrier and are not guaranteed. Until you take possession of your order, the risk of loss or damage in transit remains with us. If your order does not arrive, or arrives damaged, we will replace or refund it as set out in the Shipping Policy.

For shipments outside Canada, import duties, taxes and customs handling fees are determined by the destination country and are the responsibility of the recipient.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof, are owned by Modern Elements Inc., its affiliates or licensors, and are protected by Canadian and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants a licence or other rights to you under any trademark, copyright, or other intellectual property of Modern Elements Inc., Shopify or any third party. All rights not expressly granted are reserved.

The Rectangle Triangle name, logo, product and service names, designs and slogans are trademarks of Modern Elements Inc. or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

Record sleeve artwork, label logos, artist names, release titles, and equipment brand names and images remain the property of their respective owners and appear on the Services solely to identify the goods offered for sale. Certain catalogue metadata is sourced from Discogs and remains subject to the terms of its contributors.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may in the future offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please review the third party's policies and practices carefully before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Rectangle Triangle is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Modern Elements Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Modern Elements Inc., including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Modern Elements Inc.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you.

The title and contact information of the person in charge of the protection of personal information for Modern Elements Inc., as required by Québec's Act respecting the protection of personal information in the private sector, are set out in our Legal Notice.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback, that you have disclosed any compensation or incentives received in connection with your submission of Feedback, and that your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene material or any malicious code. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. Where an order is cancelled for this reason, we will refund any amount already paid in full.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local law or regulation; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters or spam; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Modern Elements Inc., Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tool, automatic device or process, AI tool (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section (the "Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, such as by mimicking human behaviour and interaction patterns, or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Nothing in this section excludes or limits the legal warranty of quality and durability, or any other warranty, right or remedy, where the consumer protection legislation applicable to you does not permit its exclusion or limitation. In particular, if you are a consumer resident in Québec or Ontario, the legal warranty provided by law applies to the goods we sell, including pre-owned goods, and cannot be excluded. The disclaimers above apply only to the extent permitted by the law that applies to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL MODERN ELEMENTS INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Nothing in this section limits or excludes any liability that cannot be limited or excluded under the law that applies to you, including liability for bodily injury, for fraud, or under applicable consumer protection legislation.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Modern Elements Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in force in the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

This does not deprive you of the protection of any mandatory provisions of the law of your country or province of residence. If you are a consumer resident in Québec, you may bring proceedings before the courts of Québec, and nothing in these Terms limits that right.

SECTION 23 - LANGUAGE

These Terms of Service are available in English and in French. In the event of any discrepancy between the two versions, the French version prevails for consumers resident in Québec.

SECTION 24 - HEADINGS

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

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@rectangletriangle.com.

Modern Elements Inc., carrying on business as Rectangle Triangle
402-450 rue de Port-Royal Ouest
Montréal (Québec) H3L 2B8
Canada
+1 514 556-2631
info@rectangletriangle.com
NEQ: 1166800129

Last updated: August 2, 2026