TERMS + CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.coalandcanary.com
(the "Site"). This Site is owned and operated by Coal and Canary Inc. This Site is an e-commerce website.
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.
Intellectual Property
All content published and made available on our Site is the property of Coal and Canary Inc's and the Site's
creators. This includes, but is not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions,
we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to
take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you
violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Candles and reed diffusers.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access
it. This includes all products listed as being out of stock. All information, descriptions, or images that
we provide about our goods are as accurate as possible. However, we are not legally bound by such
information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You
agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel
your order and have already processed your payment, we will give you a refund equal to the amount
you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt
of any refund.
Payments
We accept the following payment methods on our Site:
- Credit Card; and
- PayPal.
When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to
cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- Standard delivery by post.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected.
Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include
weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Canada your purchase may be
subject to import duties and taxes applied by the destination country. You are responsible for paying
any such duties or taxes. Please contact your local customs office for more information before making a
purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any
failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the
recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a
result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction
applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and
remedies under that legislation. These Terms and Conditions will be read subject to the mandatory
provisions of that legislation. If there is a conflict between these Terms and Conditions and that
legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not
responsible for the content, policies, or practices of any third party website or service linked to on our
Site. It is your responsibility to read the terms and conditions and privacy policies of these third party
websites before using these sites.
Limitation of Liability
Coal and Canary Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be
liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your
use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Coal and Canary Inc.
and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims,
losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your
violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Manitoba.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to
behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a
notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Website Terms and Conditions
You can also contact us through the feedback form available on our Site.
Effective Date: Jan 1, 2022
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