Terms of Use Agreement

PART 1 – USE OF THE SITE
PART 2 – PURCHASING PRODUCTS AND SERVICES

These Terms of Use explain how you may use this website (the “Site”). References to the Site include www.PeddlersCottage.com and all associated web pages. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND PURCHASING PRODUCTS AND SERVICES FROM THIS SITE.  By accessing and using this Site or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents referred to in them. If you do not agree with or accept any of these terms, you will not be allowed to buy any products or services and should cease using the Site immediately.

Peddler’s Cottage Interiors (hereinafter, also referred to as, the “Company”, “Peddler’s Cottage”, “we”, “our” or “us”) may modify, supplement or amend these Terms of Use. Modified, supplemented or amended terms will be made available on the relevant pages of the Site and will be accessible by you for your acceptance before you place an order. If you do not accept, you will not be able to use this Site.

Privacy

You have read the Company’s Privacy Policy, the terms of which appear on the Site here, and are incorporated into these Terms of Use, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by the Company in accordance with the terms of and for the purposes set out in the Company’s Privacy Policy.

PART 1 – USE OF THE SITE

1. Use of Site

You may use this Site only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use this Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Site is lawful, and you must comply with all applicable laws. The Company ships products only to addresses in Canada or the United States.

Neither the Site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of the Company, except that you may download, display and print the content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this Site. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of:

(a) the Site or its contents;

(b) any collection and use of any product listings, descriptions, or prices;

(c) any derivative use of the Site or its contents;

(d) any downloading or copying of account information from the Site for the benefit of another merchant; or

(e) any use of data mining, robots, or similar data gathering and extraction tools on the Site.

You are prohibited from contributing, posting or transmitting to this Site, any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the Site.

2. Ownership and Intellectual Property Rights

The Site, its design, all text, graphics, content, video, audio and the selection and arrangement of the Site are the property of the Company, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on the Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Company or the applicable Third Parties.

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this Site is the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this Site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.

Peddler’s Cottage, www.PeddlersCottage.com, and all other related trademarks and design marks displayed on the Site (collectively, the “Trademarks”) are registered and common law Trademarks. Other trademarks and design marks appearing on this Site are trademarks of their respective owners. The trademarks of any Third Parties are used under license. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Company or the applicable Third Parties.

3. Submitting Information to the Site

The Company enables visitors to the Site to provide the Company with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant the Company the right to use the name you submit with the Customer Content, if any, in connection with the Company’s rights set out in this section.

4. Accuracy of Information on the Site

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any content on the Site is or remains available, accurate, complete and up to date, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time in our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory or statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only to inform you about the Company and our products, news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any type of advice and should not be relied upon for any such purpose.

While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.

5. Links

The Site contains links to websites owned or operated by other entities which are not associated or affiliated with the Company or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Company or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. The Company and the Third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the Site or any of its content in any form and by any method is strictly prohibited.

Linking to any other website is at your sole risk and the Company will not be responsible or liable for any damages in connection with such linking. In addition, the Company does not endorse or approve of any websites linked from or to the Site, except for other websites operated by the Company or the Company’s affiliates.

You may not gather, extract, reproduce and/or display on any other non-Company website or other online service, any material on or from the Site, whether or not by the use of spiders or other “screen scraping” software or system used to extract data without the express written consent of the Company.

PART 2 – PURCHASING PRODUCTS AND SERVICES

6. Ordering Products from the Site

(a) You can place an order on the Site by adding items to your shopping cart and completing the online checkout process, or you may contact Peddler’s Cottage by calling our Customer Service Department at (250) 763-9999 or by emailing Sales@PeddlersCottage.com and placing your order this way.

(b) When your order is placed with us at the end of the online checkout process, we will email you to acknowledge that we have received your order. However, this order acknowledgement does not mean that your order has been accepted by us.

(c) We may send you an email to say that we do not accept your order. This is usually because the products you requested are not available, we cannot obtain proper authorization of your payment, or there has been an error by us on the pricing or description of the products or services.

(d) If we accept your order, you will receive an email confirming that your order is accepted (a “Confirmation Email”). When we send you a Confirmation Email, a legally binding sales contract will be in place between you and us and we will dispatch the products to you. The Confirmation Email will include a shipping notice confirming the expected date the products will ship and are en-route to you.

(e) The total price of your order will be charged to your credit card when our Confirmation Email has been sent to your email address.

When placing an order on the Site, you should take care to ensure that all of the information you provide is correct. Please check your order before submitting it to us. If you need to correct any errors, you can do so before submitting your order to us. If you discover an error after you submit your order, please immediately contact Peddler’s Cottage by calling our Customer Service Department at (250) 763-9999 or by emailing Sales@PeddlersCottage.com.

While we try to ensure that all weights, sizes and measurements set out on the Site are as accurate as possible, there may be a tolerance of up to 10% in such weights, sizes and measurements due to packaging for shipping. The colors of our products are as accurately displayed as possible on the Site. The actual colors that you see on your computer may vary depending on the monitor that you use. In addition, the packaging of the products may vary from that shown on the Site.

7. Payment

You may pay for the products by using the following credit card and debit card methods: Visa, MasterCard and American Express. The Company uses a third party payment processing service to process all payments.

We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism, but in the absence of negligence on our part, we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information you provide to us.

The Company has attempted to match online prices to those in our store; however, online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Market conditions and competitive pressures may cause prices and availability to change without further notice. The Company’s store may sell items for less than the prices on this Site. Additionally, although great care is taken in the production of the Site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.

The Company may charge a reasonable handling fee for every order to assist in the labor and material costs associated with the preparing and packaging of each order for shipping.

All prices quoted are payable in Canadian Dollars and do not include shipping charges and/or handling fees, and unless otherwise stated, when shipping within Canada, do not include any federal or provincial/territorial taxes such as, HST, GST, PST, RST or QST, while shipping to the United States, does not include any federal or state taxes, as these charges, fees and/or taxes are additional, where applicable. All orders shipped within Canada, the Company will charge the customer all applicable federal and provincial/territorial taxes for the shipping address of which the order is to be received, whereas, all orders shipped to the United States, will not be charged taxes by the Company, as the United States Customs will arrange for the payment and collection of all taxes from the customer prior to or upon delivery, in accordance with all federal and state regulations for the shipping address of which the order is to be received. Aside from all taxes, as described herein, all United States customers will also be responsible for all applicable cross border charges and/or fees pertaining to their order shipment, for which will also be paid prior to or upon delivery (including, but not limited to, duties, tariffs, brokering, etc.).

With respect to items sold by the Company, we cannot confirm the price of an item until you place your order; however, we do NOT charge your credit card or debit card until your order has been confirmed by us, where you will then receive your Confirmation Email. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of that cancellation.

8. Delivery and Risk of Loss

The estimated delivery date of the products will be set out in the Confirmation Email. How soon you receive the product(s) depends on the shipping method you have chosen. We use Canada Post Regular Parcel and UPS Standard to deliver our products.

If something happens which is outside of our control and which affects the estimated delivery date, we will provide you with a revised estimated delivery date for the delivery of the products. Unless you and we agree otherwise, if we cannot deliver your products within 30 days of the Confirmation Email, we will email you to let you know and we will cancel your order.

Delivery of the products will take place when we deliver them to the shipping address that you provided to us. You will be responsible for the products when delivery has taken place and you will own the products when we receive payment in full for them and any respective delivery charges. Please note, we do not deliver to any address outside of Canada or the United States.

9. Nature of the Products and Defective or Faulty Products

The law gives you certain legal rights if any of our products are defective or faulty. You have rights relating to refunds and to have such products repaired or replaced if realistically possible. Nothing in these Terms of Use affects these legal rights. For further details on your rights in this regard, please refer to the terms of which appear on the Site here, which are incorporated into these Terms of Use.

If we experience difficulties in supplying certain products, we may need to substitute them with alternative products of equal or better standard and value. We will email you to let you know if we intend to do this. You may refuse to accept such substitutes, in which case we will offer you a refund and let you know how long such an offer remains open for.

10. Refund and Exchange

If for any reason you are not completely satisfied with a product you have purchased, you may cancel the Contract and we will gladly give you a full refund or exchange if you notify us within 30 days after the shipping date (as indicated in the Confirmation Email). If you have already received the products, you must return them to us prior to the expiry of the 30 day period. You have a legal duty to keep the products in your possession, to take reasonable care of them and not to use them before you return them to us. The customer is responsible for all cost of returning the products to us.

Please contact us if you want to return the products. You can contact Peddler’s Cottage by calling our Customer Service Department at (250) 763-9999 or by emailing Sales@PeddlersCottage.com. Your electronic invoice/receipt is required for both returns and exchanges.

As soon as possible, after you contact us to cancel the Contract (and in any event, within 30 calendar days after the Confirmation Email), we will either refund the price of the products paid for by you, or exchange the products. All delivery charges to and from the customer are the customer’s responsibility and are non-refundable, even if you are returning the products because of a defect, they are faulty or the products were not as described. However, as per any returned defective or faulty products, in the event of an exchange, we will cover the reasonable delivery charges for this new product. Any refunds will be made on the credit card or debit card which you used to pay for the products.

In the event that a returned order has any packaging, manuals, accessories, blank warranty cards or other items missing, or in our opinion, the products have been used, the return may be refused, or we may deduct the value of any of the missing items. Please refer to the terms of which appear on the Site here, which are incorporated into these Terms of Use.

11. Accuracy of Your Information

We rely on the information you provide through this Site, including registration information (name and email address), payment information (credit card and debit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

12. Product Warranties

Each item sold on this Site is guaranteed in accordance with the terms of any specific manufacturer’s warranty. Retain all written warranties in case of future adjustment.

13. User Name and Password

You have the option of creating an account of the Site. Your Site account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Company. The Company recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of the Company, and may be cancelled or suspended at any time by the Company without any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify the Company of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

14. LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY

Except as explicitly provided in these Terms of Use as amended from time to time, the Company and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Site and/or any content, products or services provided on the Site, all of which are provided on an “as is” and “as available” basis. The Company and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Site, or any of the content or data found on the Site, and expressly disclaim all warranties and conditions in respect of the Site, its content or data, and any products or services offered for sale on the Site, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

The Company and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

The Company and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.

Maximum Liability

If the Company or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Site or its content, or any of the products or services offered on the Site, the liability of the Company and the Third Parties will in no event exceed in the aggregate, the amount paid by you under these Terms of Use for the specific product or service to which the loss or damage relates.

In no event will the Company or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to, economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Site or its content, the operation of this Site or any failure or delay in the operation of this Site (including, but not limited to, the inability to use any component of the Site for purchases), or any of the products or services offered on the Site, even if advised of the possibility of damages.

15. Indemnification

You will indemnify and save harmless, the Company and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents, from and against any claim, cause of action or demand, including without limitation, reasonable legal, accounting and other professional fees, brought on as a result of your use of the Site.

16. Survival

The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to the Site.

General

17. Terms of Use

These Terms of Use are dated December 1, 2016. No changes to these Terms of Use are valid or have any effect unless agreed upon by us in writing. We reserve the right to vary these Terms of Use from time to time. Our new terms will be displayed on the Site and by continued use and access to the Site following such changes; you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.

18. Notice and Contact Information

Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to our contact address by either prepaid registered mail to 763 Bernard Avenue, Kelowna, British Columbia, Canada, V1Y 6P6 or by emailing Sales@PeddlersCottage.com, and all notices from us to you will be displayed on our Site from time to time.

19. No Liability

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

20. Relationships

The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of the Site.

21. Governing Laws, Jurisdiction

These Terms of Use shall be construed in accordance with and governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable in that Province.

22. Severability

These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.

23. Headings

The Headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

24. Entire Agreement

These Terms of Use, together with the Privacy Policy, Return/Claim Policy and any applicable terms incorporated or referred to in these Terms of Use, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use or in those incorporated or referred to in these Terms of Use. No party has been induced to enter into these Terms and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use or in those incorporated or referred to in these Terms of Use.

25. No Assignment

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.

26. Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. 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.

27. English Language

The parties have requested that these Terms of Use and all documents contemplated by these Terms of Use be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.