SECTION 2 – ONLINE STORE TERMS AND INTELLECTUAL PROPERTY RIGHTS
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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site. You may access and/or use the Site as a guest or a customer, to become a customer you must provide us with your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You must not use another members' account without permission. Please keep your password secure as you are responsible for any activity on your account. Notify us immediately if you become aware of any security breach. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service violate any laws in your jurisdiction (including but not limited to copyright laws). You must not interfere with or disrupt the Site or the servers or networks that host this Site; reproduce, duplicate, copy, sell or exploit for any commercial purpose any portion of our Site; add any content to the Site unless we give you written consent; act in a way that would bring us, or the Site, into disrepute; or infringe the intellectual property or other rights of any person. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – LICENCE TO USE SITE
Subject to you complying with the Terms, we grant you non-exclusive, worldwide, non-transferable licence to use the Site.
SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this Site contains a general information about our products and services and information relevant to hand-crafted furniture. We have made every effort to ensure the Site is free from material error, however we do not warrant the accuracy, adequacy or completeness of the material on the Site. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Prices are displayed in Canadian Dollars (CAD) unless otherwise changed by the user to USD (American Dollar). Unless otherwise stated, prices do not include delivery and handling charges. We reserve the right to correct and errors published on the Site.
SECTION 7 – PRODUCTS OR SERVICE
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise the right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. The Site contains links to other third-party websites. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You are responsible for making your own inquiries to verify the information provided and to assess the suitability of the products before you purchase.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You acknowledge that the transmission of your order or the confirmation of any payment made through an electronic instruction may not be received by Craftworks for reasons beyond either parties' reasonable control including but not limited to, electronic, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems; Craftworks may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. For more details, please review our Returns Policy.
SECTION 9 – OPTIONAL TOOLS AND THIRD-PARTY LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 without and endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services or third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's polices and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that you comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date is applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – SUPPLY & DELIVERY
Unless we otherwise agree, all payments must be made in full prior to delivery. Subject to you complying with these Terms and acceptance of your order by Craftworks, we will sell and supply the products to you as shown on your Order Confirmation. You acknowledge you understand (a) we operate on a stock and delivery basis; (b) orders are fulfilled and delivery is arranged from our main store to you; (c) most products will be available for immediate delivery, some however, may not be available and we will notify you as soon as possible if this is the case; (d) where immediate delivery cannot be provided, we will use our best endeavours to coordinate delivery of your order to you as soon as reasonably practicable; and (g) we do not warrant that any arranged time frames for delivery will always be met, as many factors may affect these time frames. The delivery address must be a physical address within Canada or the USA. On acceptance of your order we will arrange for your order to be dispatched to your specified delivery address generally within 3-5 business days of the date you places your order. It is your responsibility to make sure you (or your representative) are available in person to accept delivery for your order. You must advise us at the time you place your order of any difficulties that may be involved in the delivery. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including re-delivery fees and the cost of an extra person to assist. Craftworks do not accept responsibility for delivery failures or delays by third-party delivery contractors. Title and risk in products, such as loss and damage, pass to you on delivery or collection, as the case may be.
SECTION 14 – PROHIBITED USES
In addition to prohibitions as set forth in the Terms of Service, you are prohibited from suing the site or its content; (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (I) to span, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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. In no case shall Craftworks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors 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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the sue of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Craftworks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceablity of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – OUR RIGHTS
You acknowledge and agree that (a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the site at any time in our sole discretion; (b) we may from time to time take the Site offline for the purpose of necessary maintenance and upgrades; (c) we may change these Terms at any time without prior notice to you or other users; (d) your continued use of the site following such changes to these Terms will represent an agreement by you to be bound by these Terms as amended; (e) we may stop (temporarily or permanently) providing access to this Site to you at our discretion and without notice to you; and (f) we may withdraw this site or change or remove Site functionality at any time without notice to you.
SECTION 20 – SECURE DATA
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to the site will be uninterrupted, error free or that any defect will be corrected. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any content or information you transmit via the site. Therefore you transmit to the site at your own risk. You must take your own precautions to ensure that the process which you use to access the Site or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
SECTION 21 – ADVERTISING
This site may feature third-party advertising or content. By featuring such advertising or content, we do not in any way represent that Craftworks recommends or endorses the relevant advertiser, its products or services.
SECTION 22 - ENTIRE AGREEMENT
The failure of us 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 or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, 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 23 – HST/GST
Unless otherwise stated, all amounts payable are expressed inclusive of the appropriate HST or GST tax, dependent upon province and type of item.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 27 – RETURN POLICY
Please see our Return Policy, available on our website.