Collection and Use of Information
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously. Any of the information we collect from you may be used in one of the following ways: to personalize your experience (your information helps us to better respond to your individual needs); to improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); to process transactions (your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested; to administer a contest, promotion, survey or other site feature; to send periodic emails (the email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Protection of Information
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file to comply with Canada Revenue Agency regulations.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our online store section may make any changes to their information at anytime by logging, and editing their profile.
Children's Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Unless otherwise specified, all of these policies apply to our sites, domains, sub-domains, carts, systems, interfaces and to all of our dealings and transactions with you.
ACCEPTABLE USE POLICY [TOP]
This Acceptable Use Policy (this “Policy”) describes prohibited uses of our web services and those of our affiliates (the “Services”). The examples described in this Policy are neither exhaustive nor are they inclusive. We may modify this Policy at any time by posting a revised version to our Services. By using the Services, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services and enact other measures established by this Policy, or others.
Unlawful, Harmful or Offensive Use or Content: Prohibited
You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include without limitation: (a) any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (b) activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices; (c) content that infringes or misappropriates the intellectual property or proprietary rights of others; (d) content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts; (e) content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
Security Violations: Prohibited
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include, but are not limited to: (a) accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System; (b) monitoring of data or traffic on a System without permission; (c) forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
Abuse of Services: Prohibited
You may not use the Services to make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include, but are not limited to: (a) monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; (b) inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; (c) interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques; (d) operating network services like open proxies, open mail relays, or open recursive domain name servers; (e) using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
Electronic Mail Abuse: Prohibited
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services, and in doing so may: investigate violations of this Policy or misuse of the Services; remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services. We may, at our absolute discretion, to our sole satisfaction, report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Reporting of Violations of this Policy
If you become aware of any violation of this or any other Policy, you will immediately notify us (above) and provide us with assistance, as requested, to stop or remedy the violation.
When you visit the Web Sites and Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Sites and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We grant you a limited, non-exclusive license to access and make use of the Web Sites and Services, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Web Sites and Services or its contents; any derivative use of the Web Sites and Services or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Web Sites and Services is subject to these Site Terms or, if you have an account, the Agreement. The Web Sites and Services or any portion of the Web Sites and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) herein without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Sites and Services, so long as the link does not portray us, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without our express written permission.
Operating or Login Account
If you establish an operating or login account with the Web Sites and Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, at our sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Web Sites and Services. You acknowledge that (a) we have not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content. You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please inform us immediately (above).
General Disclaimer of Warranties and Limitation of Liability
THE Web Sites and Services AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Web Sites and Services, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Web Sites and Services; ITS SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Web Sites and Services OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Web Sites and Services, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE STATES APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TERMS OF SALE [TOP]
Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale apply to you, the user of our Systems/Services and all sub-domains (the “Websites”) and the purchaser of goods (“you”), and your purchase of any products from us, through the Websites. These terms are subject to change without prior written notice at any time, in our sole discretion. By placing an order for products through the site, you agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale, as well as our policies.
Information about the Websites and the Goods
We try to make sure that all information on the Websites, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Websites as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of goods as shown on the Websites will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Websites are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and we may not be able to supply your order; (v) we will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); and (vi) not all goods and promotions that are offered on the Websites will be available, immediately or at all; and (vii) we reserve the right to adjust prices, goods and special offers at our discretion, and to cancel any offer or invitation to treat.
Placing your Order
Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however, we encourage registration in order to facilitate the checkout process during future orders on the Websites. Prior to placing an order, we will show you a summary view that will clearly state the total amount of you would owe upon purchase, including shipping and estimated taxes. When you place an order for goods via the Websites, your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually. After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Websites. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations. By placing an order with us, you represent and warrant that you are legally capable of accepting binding agreements.
All orders are subject to acceptance by us. For orders for goods that are per piece unique (such as furniture) (“Made to Order Goods”), acceptance occurs when we send out our Order Confirmations. For all other goods, acceptance occurs when we send you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). In either case, we will not be obligated to supply any goods until we issue an acceptance applicable to each good, specifically. Although we hope to be able to supply all goods ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject your order, we will notify you as soon as reasonably possible (and, if payment has occurred, we would refund your payment).
We will take payment from you by the instrument or in the manner specified by you at the time your order is accepted. You will receive an email or post mail detailing what items have shipped from your order (the “Invoice Email”). If your order is split into multiple shipments, we may charge you only for the items actually shipped at that time. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Websites at the time you place your order. Applicable taxes and delivery fees will be added at the time you place your order, but will not affect the base price of the goods. You are responsible for all customs, import taxes and other fees that may be applied in your jurisdiction.
Shipping and Delivery
After we send you your Order Confirmation e-mail, we may send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider’s Websites and obtain an estimated delivery date. The goods will be delivered by a delivery service provider to the delivery address specified by you during the order process. Once the goods have been delivered to the address you provided, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction. All orders are subject to verification at any time and for any reason. We reserve the right, in our sole discretion, to require proof of identity: (i) for the purposes of verifying the legitimacy of any order or other information; and/or (ii) for any other reason we deem necessary, in our sole discretion, for the purposes of fulfilling an order in accordance with these Terms of Sale.
Canceling Orders/Returning Goods
Orders for Made to Order Goods cannot be cancelled after an Order Confirmation has been sent to you due to the fact that they have been created specifically for your use and cannot be resold by us. You may cancel your order for all other goods within one hour from its reception. For all goods other than Made to Order Goods, we offer a 30 day returns period, allowing you to cancel your contract for up to 30 days after the goods have been received, you pay costs. Contact us for returns. We explicitly reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund: (i) the goods are not available/not in stock; (ii) the data you provide to us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) we have reason to believe that your purchase is intended for a further and unauthorized commercial activity; (v) there has been an error in the indicated price of the goods; (vi) we have reason to believe that you are under 18 years old and do not have parental consent; or (vii) we cannot deliver the goods to the address you have provided. If any goods, including Made to Order Goods, have been delivered and found to be wrongly described, or are damaged or faulty and we cannot remedy the fault to your reasonable satisfaction, then these goods can be returned, provided that you notify us of the alleged defect in within 30 days after the goods has been received. Goods returned must be in their original packaging, unworn, in condition same as received. In all cases, you pay the cost of shipping for all returns.