Terms & Conditions
I. USE AND ACCESS
By accessing this web site (http://islandblacksmith.ca/), you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) by notifying you of the effective date of any such changes through posting the notice on the service.
1. Our services are available only to individuals who can form legally binding contracts under applicable laws. Without limiting the foregoing, our Service is not available to minors. If you do not qualify, you are not permitted to use our Service. We may refuse our services to anyone at any time, without giving reason, at our sole discretion.
2. For any individual person who is a user or client, you must be eighteen (18) years or older, or the age of majority in your location to use this Service.
3. You will not provide any false personal information for the Service. You will not create an account for anyone other than yourself or your company without permission.
4. You will keep your contact information accurate and up-to-date. You must keep your account information up to date and accurate at all times. You may not transfer or sell your account.
5. You will not share your password, allow anyone else access your account, or do anything else that might jeopardize the security of your account.
6. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You agree to defend, indemnify and hold harmless us and our directors, officers, managers, employees, agents and affiliates from any losses, liabilities, damages, expenses or costs (including without limitations court costs and attorney fees) arising from, relating due or in connection with your violation of any of the Terms herein.
II. PRODUCTS AND SERVICES
1. Payment Methods. We accept Interac E-Transfer (Canadian residents only), Visa/MasterCard, or PayPal. ALL AMOUNTS DUE MUST BE RECEIVED AND PROCESSED BEFORE ANY PRODUCT IS SHIPPED.
2. Deposits for Custom Work. All custom work requires a non-refundable deposit of at least 50% of the estimated final price before any work is started. Raw materials provided by the client will not be returned under any circumstances once in the shop premises. Photos of custom work and work in progress may be used for web and print portfolio purposes. Forfeit custom work, in whole or in part, will be used for other projects.
3. Consultation for Custom Work. In order to ensure adequate workshop time is dedicated to a custom project, the consultation phase is set aside with the following general framework in mind: 3% of the budget dollars converted to minutes (eg, every $1000 of project budget provides 30 minutes of meeting time or correspondence and dialogue, a handful of email exchanges). Those that wish to go over and above this to work out the details of a project in full are welcome to do so, billed at the regular hourly consultation rate.
4. Shipping, Handling, Insurance, and Sales Tax. Any charges for shipping, handling, and insurance (if any), are in addition to the amount of the Product price. You authorize us to add to the sales price (i) shipping, handling and insurance charges (if any) and (ii) applicable sales taxes.
5. Passing of Title and Risk. Title in and to the Product that you are purchasing shall not pass to you until you have made full payment and the amount has been received and processed. ONCE THE PRODUCT LEAVES OUR DOCK, TITLE PASSES TO YOU AND DELIVERY IS AT YOUR RISK.
6. Delivery. You are responsible for ensuring the accuracy and clarity of the shipping address at the time of ordering. If we are requested to deliver to an alternative address or location (such as a gift recipient), the Product will be left at the alternative address or location at your own risk.
7. Damaged Product. If the Product you receive is damaged due to shipping, the matter must be taken up with the shipping company or organization. Contact them immediately and report the problem. We will not be liable for any damages or losses occurring during shipping, customs, or delivery.
8. Incorrect or Defective Product. If the Product you receive is defective due to craftsmanship or materials (but not due to shipping damage or variations in climate) or is different from the Product you ordered and purchased, you will be entitled to a repair, replacement, or refund at our discretion. To get a repair, replacement, or refund, you must inform us within twenty four (24) hours of receipt of the defective or incorrect Product by e-mail with confirmed delivery to firstname.lastname@example.org. If you do not notify us of the defective or dissimilar nature of the Product within the above time frame, you shall be deemed to have accepted the Product, you shall not be entitled to reject the Product and we shall have no liability for such error or defect. Where you have provided notice to us of any valid claim relating to any defect in the quality or condition of the Product in accordance with these Terms, we will either repair or replace the Product or offer you a refund at our discretion, but we shall have no further liability to you.
9. Exchanges. We will consider an exchange of Product for items of equal or greater value with all additional costs covered by you. To make an exchange, you must inform us within twenty four (24) hours of receipt of the Product by e-mail with confirmed delivery to email@example.com. You must cover the cost of packing and shipping the original item back and it must arrive in the same condition in which it left our dock. The exchange must be for Product of equal or greater value, and all shipping charges as well as any difference in price must be paid in full by you before we ship the new Product. No refund will be given, even if you choose a replacement Product of lesser value than the original. If the original Product arrives in used or damaged condition, we reserve the right to charge for repair or replacement or to cancel the exchange entirely with no refund whatsoever. In the case of custom work, the non-refundable 50% deposit is not part of the exchange in any way.
10. No Other Refunds. Except as stated in the preceding provisions regarding “Incorrect or Defective Product”, all Products are sold “as is” and all sales are final. All charges are non-refundable unless otherwise provided by law.
IslandBlacksmith.ca provides the Product and Service “as-is,” “with all faults,” and “as available.” You bear the risk of using it. To the maximum extent permitted by law, we make no guarantees, conditions, or warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
In no event shall IslandBlacksmith.ca or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, or related to a Product or Service) arising out of the use or inability to use the materials on IslandBlacksmith.ca’s Internet site or related to a Product or Service, even if IslandBlacksmith.ca or an IslandBlacksmith.ca authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
V. REVISIONS AND ERRATA
The materials and Product appearing on IslandBlacksmith.ca’s web site could include technical, typographical, or photographic errors. IslandBlacksmith.ca does not warrant that any of the materials on its web site are accurate, complete, or current. IslandBlacksmith.ca may make changes to the materials contained on its web site at any time without notice. IslandBlacksmith.ca does not, however, make any commitment to update the materials.
VI. LINKED SITES AND SERVICES
IslandBlacksmith.ca has not reviewed all of the sites linked to its service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by IslandBlacksmith.ca of the site. Use of any such linked web site is at the user’s own risk.
IslandBlacksmith.ca may revise these terms at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions.
VIII. GOVERNING LAW
Any claim relating to IslandBlacksmith.ca’s Service shall be governed by the laws of the province of British Columbia without regard to its conflict of law provisions.
last modified: 2012/08/02