These terms and conditions (the “Terms and Conditions”) govern the use of www.pearlsandspruce.com (this “Site”). This Site is owned and operated by Pearls and Spruce Gifting Company Inc. (“PS”). This Site is an e-commerce website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE since both use of this Site as well as all sale of products and services offered on this Site are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”).
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
This Site is provided “as is” and is accessed and used by you at your own risk. Reasonable efforts are used to ensure that this Site is current and contains no errors or inaccuracies. PS makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.
PS controls this Site from its office within Ontario, Canada. The Terms and Conditions as well as the use of this Site, including any order or purchase made through this Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. You are responsible for complying with all local laws.
Intellectual Property
All content which forms a part of this Site, including without limitation, all text, design, graphics, drawings, photographs, e-mails, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including without restriction, patent, copyright, trademark and trade secret laws.
- Pearls and Spruce Gifting Company Inc. and PS and other words, logos, slogans and images used on this Site are the property of and are subject to trademark rights held by PS.
- Except when the express written authorization of PS is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the web pages and information (including any portion of them) which is obtained from this Site. PS reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Site.
Acceptable Use
In order to purchase through this Site you must be the age of majority in your province/territory of residence. You agree to pay for all charges noted on this Site as payable by you. All prices listed on this Site are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed on this Site are subject to confirmation. You will be notified via email if the confirmed price differs from the price on the website or your order.
As a user of this Site, you agree to use this Site legally, not to use this Site for illegal purposes, and not to:
- Violate the intellectual property rights of this Site or any third party to this Site; • Hack into the account of another user of this Site; or
- Act in any way that could be considered fraudulent.
If PS believes you are using this Site illegally or in a manner that violates these PS Terms and Conditions, PS reserves the right to limit, suspend or terminate your access to this Site. PS also reserves the right to take any legal steps necessary to prevent you from accessing this Site.
Sale of Goods And Services
The Terms and Conditions govern the sale of goods and services available on this Site.
Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for lawful purposes and any other use is not permitted. PS reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Site. In addition to any other rights or remedies, PS may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Site at anytime.
The following goods are available on this Site:
- Gift items including: Gift baskets, Customized gifting, Corporate promotionals, party favors and cakes The following services are available on our Site: Corporate gifting and Individual Gifting services, Gifting consultation.
The services will be paid for in full when the services are ordered.
- The Terms and Conditions apply to all the goods and services that are displayed on this Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images PS provides about goods and services are as accurate as possible. However, PS is not legally bound by such information, descriptions, or images as PS cannot guarantee the accuracy of all goods and services provided. You agree to purchase goods and services from this Site at your own risk.
- PS reserves the right to modify, reject or cancel orders whenever it becomes necessary. If PS cancels an order and have already processed the payment, PS will issue a refund in accordance with the refund policy listed below. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
This Site may offer goods and services from third parties. PS cannot guarantee the quality or accuracy of goods and services made available by third parties on this Site.
Payments
The following payment methods are accepted on this Site:
- Credit Card;
- Debit; and
- Direct Debit.
When payment information is provided, you authorize the use of and access to PS of the payment instrument you have chosen. You authorize PS to charge the amount due to this payment instrument.
If PS believes your payment has violated any law or the Terms and Conditions, PS reserves the right to cancel or reverse your transaction.
Refunds
Refunds for Goods
Refund requests must be made within 10 days after receipt of your goods. PS accepts refund requests for goods sold on this Site for any of the following reasons:
- Good is broken;
- Good does not match description; or
- Good does not meet the purchaser’s expectations.
Refunds do not apply to the following goods:
- All customized gift items, including but not limited to customized corporate promotional items, customized party favors, and cakes.
Refunds for Services
All services provided on this Site are non-refundable.
Limitation of Liability
In no event shall PS, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results or use of, this Site or any Content on this Site, even if PS or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Site and the content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this site.
PS is 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.
PS assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this Site or your downloading of any materials, data, text, images, video or audio from this Site.
Indemnity
By using this Site you shall indemnify and hold harmless PS, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees incurred as a result of your use of this Internet Site
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Dispute Resolution
Subject to any exceptions specified in the Terms and Conditions, if there is a dispute between a Client and Pearls and Spruce Gifting Company Inc. which cannot be resolved through informal discussion, then the Client and Pearls and Spruce Gifting Company Inc. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both the Client and Pearls and Spruce Gifting Company Inc. The costs of any mediation or arbitration will be shared equally between the Client and Pearls and Spruce Gifting Company Inc.
Notwithstanding any other provision in the Terms and Conditions, Pearls and Spruce Gifting Company Inc. retains the right to bring before the court an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in the Terms and Conditions are found to be inconsistent or invalid under applicable Ontario and Canada laws, those provisions will be deemed void and will be removed from the Terms and Conditions. All other provisions will not be affected by the removal and the rest of the Terms and Conditions will still be considered valid.
Delivery
PS will use commercially reasonable efforts to deliver items and within any time periods indicated; however, PS will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, PS will notify you as soon as possible.
In order to protect you and PS from fraudulent transactions, PS may provide your transaction related information to a reputable third-party organization to perform verification. PS also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that PS chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded in accordance with the refund policy above.
Privacy Policy
You have read the PS Privacy Policy, which are provided on www.pearlsandspruce.com and are incorporated into the Terms and Conditions and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by PS and/or third parties in accordance with the terms of and for the purposes set forth in the PS Privacy Policy.