Terms and Condition for Online Purchases
The terms and conditions for online purchases and services outline the contract between the customer and the Gardiner Shop.
No Liability
Customer Account
The customer is responsible for their account including activity of purchases, updated contact information and password on the account. No sharing of accounts, as they are not transferable. The Gardiner Shop is not responsible for the customer account including any compromised customer account.
Liability Limits
Permitted by law, neither the Gardiner Shop nor its employees, volunteers or supervisor/director shall be liable to any lost profits or revenue, or any consequential, incidental, indirect, special damages arise out or in with these Terms and Conditions. The Gardiner Shop is not liable for any damages paid with online orders.
Privacy
Personal information will be used such as name, contact information and shipping information to process online purchases. The customer is aware and agrees to this information for item(s) to be processed. Information collection may include Registration account and service use, customer profile, data collection, app location, non-member information, message communication, online services and or other. This is subject to change and updated.
Services
Customers agree to not violate any laws connecting to accessing and using our website and online store. This includes any local, state, federal, and international laws that may apply. You may not engage in fraud including false claims or infringement notices, theft, threatening conduct, or any other unlawful acts or crimes against the Gardiner Shop and the Artists we carry in the shop.
Additionally, any third party services such as pay pal the customer uses this at their own risk. Third parties may require agreeing to their terms and conditions and therefore is between you and the third party not the Gardiner Shop.
Warranty
There is no warranty for online purchase or services we provide by the Gardiner Shop. Any disclaimers on warranty, non-infringement and merchant dealings of trade and or purchase whether implied or not.
The following services are not guaranteed: Secured online process of transactions, defected item(s), and damages incurred during shipping transport, errors to online services, viruses or harmful materials to software and parcels sent, and expectations not being met by services provided. All online purchase are at customer own risk and choice. The customer understands and has read the terms and conditions upon completing the order online.
Additionally, the Gardiner Shop is not liable for any delays, deleted files or emails, theft or lost parcels, unauthorized access to Gardiner Shop programs and services, indirect or consequential damages of loss of goods, profit and corruption of user information or accessing the website.
Checkout Process
Discounts
Only Gardiner Members receive discount upon purchase that is stated on the online store. This may differ to in store discount and you may not claim for additional discount.
Final Sale
All online purchases are final sale. No exchange or credit is available. This includes defected products, damaged products upon transport and or other. Additionally, each item is unique and is one of a kind. Products may vary in size, colour and style and will not be the same. The customer has read and agreed to the final sale terms upon purchase.
Product Design
Designs produced by the Gardiner Shop and the Artists we carry in the shop remain our intellectual property and may not be used in any form without prior written consent
Product Information
There is a delay between our online store and POS system. Therefore there may be a chance that the item purchased online may not be available in store as it may have been purchased by a customer inside the shop. Additionally, as artisan made products are hand-made, each piece will differ in colour, size and style or pattern and will not be the same. There may be some items that have the same item code for different colour, size and style or pattern. Please indicate which item you would like to purchase and check if it is available.
Terms and Agreement
Customers are responsible to read over the terms and conditions before completing their purchase online
Payment
Completion of payment is processed using pay pal services via credit card. This may include Visa, MasterCard or American Express. The Gardiner Shop is not responsible for any disruption, unprocessed transactions, and errors and or other for pay pal services. The customer is responsible for accepting and following third party terms and conditions as well as the Gardiner Shop terms and conditions. Therefore, the customer uses and understands use at their own risk in dealing with third party services.
Gift cards are also not redeemable for online purchases and may not be used. The Gardiner Shop is also not responsible for replacing lost gift cards nor checking your balance.
Local Pick-up
If you have placed an order for local pick-up, please pick-up within 30 days of placing the order. You will receive an e-mail notification for pick-up instruction.
Protect intellectual property and trademarks
Intellectual property to the online store, artists we carry, website and software remains the property of the Gardiner Shop and its licensors is protected by copyright. You are not permitted to publish, alter, manipulate, distribute, produce or reproduce, any content, information, images which appears on this website and or other without written permission.
Payment terms
Customs
Custom fees are applied to parcel(s) that are shipped outside of Canada. The Gardiner Shop is not responsible for paying custom fees and connecting to any third party for additional charges. Thus, the customer is responsible for accepting and following third party terms and conditions as well as the Gardiner Shop terms and conditions in regards to custom fees or additional fees that may incur.
Price
The price listed in the online store is quoted from time to time and includes membership discount price. Price of VAT (tax) and delivery charges are calculated once you have checked out all your item(s) that you purchased. Additionally, due to stock inventory there may be errors to our price listing in the online store from time to time.
Promotion codes Prices listed in the online store is quoted from time to time and includes membership discount. There may be periods of time when promotional codes may be used. These are limited and apply for a specific duration of time.
Postage
Parcel delivery charges are subject to change. Postage calculation differs due to the size and measurement of the parcel. It is calculated upon check out. This also includes a $5 flat fee for handling shipments that are included within the shipment calculation. Postage calculation and flat fee is subject to change
Payment
Online payment is made via pay pal by credit card. We accept Visa, MasterCard and American Express. Please be aware that online transactions are subject to validation checks by card issuer. If your card declines, the Gardiner Shop is not responsible to authorize payment. We are also not responsible for any fees for any declined payment as it may be possible there will be a charge made by the card issuer.
Handling and resolving disputes
Governing Law the laws in Ontario, Canada govern the Terms. These laws will apply no matter where you live, but if you live outside of Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration a sole arbitrator in accordance with the rules will handle Disputes. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and the Gardiner Shop are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in small claims court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration
If the customer has a dispute, they are responsible for fees in accordance with the law.
Forum
We are based in Toronto, Ontario Canada and legal action against the Gardiner Shop related to our Services must be filed here. For any actions not subject to arbitration, you and the Gardiner Shop agree to submit to the personal jurisdiction of Ontario, Canada.
Government Exception
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, those clauses do not apply to you. In that case, the laws Canada (without reference to conflict of laws) will govern the Terms and any action related to the Terms.
Modifications
If we make any changes to this section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against the Gardiner Shop prior to the date the changes became effective. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and the Gardiner Shop in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms
Terms and Conditions
We may update the terms and conditions from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. Customers are responsible for checking and reading the updated changes for online purchases. Your use of the services constitutes the agreement of updated terms.