Conditions of Use
TERMS AND CONDITIONS OF USE / DISCLAIMER
When you visit gardenofcrystals.ca 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 this site. 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.
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 gardenofcrystals.ca or its suppliers and protected by international copyright laws. All software used on this site is the property of gardenofcrystals.ca or its software suppliers and protected by international copyright laws.
Copyright 2014 gardenofcrystals.ca, Inc. Any rights not expressly granted herein are reserved.
gardenofcrystals.ca trademarks and trade dress may not be used without gardenofcrystals.ca prior written consent. Trademarks not owned by gardenofcrystals.ca that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by gardenofcrystals.ca.
LICENSE AND SITE ACCESS
gardenofcrystals.ca grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of gardenofcrystals.ca. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of gardenofcrystals.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of gardenofcrystals.ca and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing gardenofcrystals.ca name or trademarks without the express written consent of gardenofcrystals.ca. Any unauthorized use terminates the permission or license granted by gardenofcrystals.ca.
If you use this site, 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. gardenofcrystals.ca does not sell products for purchase by children. We may sell children’s products for purchase by adults. If you are under 18, you may use gardenofcrystals.ca only with adequate involvement of a parent or guardian. gardenofcrystals.ca and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their 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 any content. gardenofcrystals.ca reserves 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 or ideas, and unless we indicate otherwise, you grant gardenofcrystals.ca and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such ideas and content throughout the world in any media. You grant gardenofcrystals.ca and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the 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 gardenofcrystals.ca or its affiliates for all claims resulting from content you supply, gardenofcrystals.ca takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from gardenofcrystals.ca are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
gardenofcrystals.ca and its affiliates attempt to be as accurate as possible. However, gardenofcrystals.ca does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
RETURNS & REFUND POLICY
We do not usually offer refunds except in those situations where the final product is drastically different from the buyer specifications for custom orders. We will refund the entire cost of the goods except for the shipping charges if evidence of a return is forwarded to us within 3 days of the receipt date. The maximum return time is 14 days for international shipments. Evidence of a return is a tracking number and name of the courier or mail service. The Postal Service, FedEx, DHL or UPS are typical carriers you should contact for a return. After those three days, we will offer you a store credit IF the goods are returned undamaged and unworn. After 30 days NO REFUND will be given. Upon receiving the package, we will contact you about the condition of the package and process the refund only if the items are unworn and undamaged. Please insure your package as we cannot be responsible for lost packages and we do require that all international returns be made by air. Surface mail will not be accepted. Specialty items will not be accepted for return or refund under any circumstance, if the goods have been removed from its original packaging. This diminishes the value of the product and we cannot accept its return. When returning items by mail, please take a minute to tell us if you would like an exchange, repair, credit or refund. Concealed damage is almost impossible to prove if no notation was made at the time of delivery. However, if you discover internal (non-visible) damage, please contact us within three (3) business days for instructions. We will work with you and the carrier to resolve the issue to the best of our ability. Please return the product in the same manner as it was received. You will be charged our costs for all excess work required beyond the damage mentioned to bring the product to saleable standards. Any item not returned in 30 days, shall remain the property of the buyer for which they shall be charged. Refunds will only be granted on receipt of the items damaged or in dispute by vendor. At the time of delivery, if the box is noticeably damaged, Please file an immediate claim directly with the carrier. Please verify the contents of the package before accepting it and signing the “PROOF OF DELIVERY”. Signing the proof of delivery means you have received the consignment in order and in good condition.
Parties other than gardenofcrystals.ca operate stores, provide services, or sell product lines on this site. In addition, we may provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites.gardenofcrystals.ca does not assume any responsibility or liability for the actions, products, or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY gardenofcrystals.ca ON AN “AS IS” AND “AS AVAILABLE” BASIS. gardenofcrystals.ca MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, gardenofcrystals.ca DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. gardenofcrystals.ca DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM gardenofcrystals.ca ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
gardenofcrystals.ca WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These Terms and Conditions of Use shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods; rather, these Terms and Conditions of Use shall be governed by the laws of the Province of Ontario without reference to conflicts of laws principles. These Terms and Conditions of Use and other policies on this website constitute the entire agreement between us and supersede any other communications or advertising with respect to gardenofcrystals.ca website. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. The person agreeing to these Terms and Conditions of Use represents and warrants that such person is authorized to bind and does so bind his or her principal or employer and has adequate legal capacity to enter these Terms and Conditions of Use. You may not assign these Terms and Conditions of Use or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of gardenofcrystals.ca; gardenofcrystals.ca may assign these Terms and Conditions of Use and rights hereunder to any entity. Subject to the foregoing sentence, these Terms and Conditions of Use shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Last Revised May 28, 20014
gardenofcrystals.ca makes every effort to present accurate and timely information regarding the products we have for sale. However, it is possible that discrepancies or inaccuracies may arise if gardenofcrystals.ca receives inaccurate information from our suppliers or other outside sources. Should you encounter any information on our site that you deem inaccurate, please inform us at firstname.lastname@example.org.
DISCLAIMERS OF WARRANTIES & PRODUCT LIABILITY
gardenofcrystals.ca shall not be held liable for any damaged goods or any injuries resulting from use of any products. gardenofcrystals.ca does not provide warranties on any merchandise–any warranty or promises made by the manufacturers are solely their liability. Many different entities participate in gardenofcrystals.ca, and gardenofcrystals.ca holds no liability for the services or products sold by them. gardenofcrystals.ca claims no exclusive ownership of the goods, stores, or services found in this mall, and, as such, gardenofcrystals.ca shall not be held liable for them.
The information made available to you through our catalogs is limited to the information provided by the manufacturer to us. All products displayed in our catalogs may not be available for sale due to product unavailablity or other reasons.
In no event shall gardenofcrystals.ca or any of its sources be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including but not limited to: damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of the information made available on this website.
Information on the gardenofcrystals.ca website may not be reproduced, copied, or altered without the express written consent of gardenofcrystals.ca and its affiliates.
Holidays, Closure, Cancelations Store Operation Hours
Garden of Crystals reserves the right to close the business operations for the store front and online without notice, on Statutory, Civic & other holidays / celebrations.
Garden of Crystals believes in “safety first”, therefore, in unsafe driving & traveling conditions Garden of Crystals will be closed. We expect our Team Members, Customers & Clients to remain home where they are safe. In bad weather conditions please call the store first to make sure we are opened before venturing out.
Garden of Crystals may close in an emergency situation. From time to time things that are out of our control may happen.
Garden of Crystals may from time to time change their business hours and days of operation based on the growth of the business.