Effective November 1, 2017
1. Scope of application
This customer information and the terms and conditions set forth below (the “Terms and Conditions”) shall apply to all purchases of products from Hoselton Studio Limited and its affiliates (“Hoselton”) made through the website http://www.hoseltons.com (the “Website”). By purchasing products through the Website, you agree to these Terms and Conditions and further agree that all agreements, notices, disclosures, and other communications that Hoselton provides electronically satisfy the legal requirement that such agreements, notices, disclosures, and other such communications be in writing and communicated to you.
2. Parties, Customer Service, and returns
Hoselton Studio Limited
124 Big Apple Drive
All warranty claims and notices to Hoselton shall be in writing and shall only be delivered by mail or courier to the above address. All notices may be delivered to you by mail, courier, fax or email at the addresses (including email addresses) or locations you provided when entering your order.
3. Orders and purchases
Hoselton only sells products to adults who are able to purchase its products using a valid credit card issued to the actual purchaser. By purchasing a product using the Website, you represent to Hoselton that you are a consenting adult (over the applicable age of majority) voluntarily purchasing the product and that you are authorized to make the purchase using the credit card account information you provide. You represent and warrant that any products you purchase are for your own personal use and not for resale.
Credit card payment is the only form of payment Hoselton accepts for products ordered through the Website. Any orders placed through the Website constitute a binding offer by you to conclude a purchase with Hoselton. The binding purchase agreement comes into existence only when Hoselton accepts your order on the Website by written communication, by email, or by shipping the products ordered.
The prices on the Website are exclusive of all applicable taxes, customs, duties, and levies. When Hoselton is required by law to collect applicable taxes relating to your order, you authorize the company to charge the applicable taxes to your credit card in addition to the price specified on the Website.
5. Reservations and exceptions
Hoselton reserves the right to change prices, terms, specifications, product warranties, promotional offers, and any other part of or information on the Website at any time without prior notice and without liability [NTD: Prior notice to changes in policies recommended]. The Website is provided on an “as is”, “where is” and “as available” basis. Hoselton attempts to post accurate information; however, errors may sometimes occur. Hoselton does not warrant that the Website is accurate, complete, reliable, current, or error-free or that it will be uninterrupted. You agree that use of the Website is at your own risk. Any such errors, inaccuracies, or omissions (including after an order has been submitted or accepted) for product specifications, descriptions, and pricing will be corrected when discovered and Hoselton reserves the right to revoke any stated price, term, or specification on the Website. If an error or inaccuracy is discovered after your order has been submitted or accepted, Hoselton will inform you promptly upon its discovery, at which time you will have the option to cancel or confirm your order.
6. Product availability
Once Hoselton accepts your order, it will attempt to promptly fill the order, subject to available inventories, but fulfilment of the order is not guaranteed. Should an item not be available, please attempt to order the item at a later date or to visit your local authorized Hoselton retailer.
7. Terms of payment
All prices and other references to currency on the Website are shown in Canadian dollars. The purchase price for the products ordered is due upon the shipment of your order by Hoselton. Upon shipment, Hoselton will charge the credit card account identified at the time your order was placed for the purchase price, the cost of shipping and handling, and applicable taxes. If the charge is not authorized or accepted, Hoselton reserves the right to cancel your order without notice or liability.
8. Delivery, reservation of title, and risk of loss
The products ordered by you will be delivered to the address entered by you through a delivery service selected by Hoselton, provided however that you may not specify, and Hoselton will not ship to, post office boxes or freight forwarding services. You agree that the products ordered and sent to you remain Hoselton’s property until full payment has been received. Risk of loss or damage passes to you at the time the products you order are delivered to the delivery service.
9. Warranty and disclaimers
Customer Satisfaction Warranty
If you are not satisfied with your purchase for any reason following your receipt of the ordered products, Hoselton will, upon receipt of the returned products, (within 14 business days of original delivery of the product) refund or credit the full purchase price (excluding shipping charges) you have paid for the ordered products. Alternatively, you may notify Hoselton by email (email@example.com) within 30 days of the date goods are received of your intent to return your item(s). In this case, you must promptly return the goods within 14 business days of notifying Hoselton. All returned item(s) must be in their original condition. Failure to notify Hoselton of your intent to return the product within 14 business days of delivery shall be deemed to be unqualified acceptance of and satisfaction with the product.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Hoselton. You must take reasonable care to ensure that the products are not damaged during their return. The risk of loss or damage to the products remains with you until the products are received at Hoselton's facilities.
If you decide to return only part of an order that has been purchased with a discount/offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded.
Materials and Workmanship Warranty
Hoselton warrants, for a period of two years, beginning on the date of your receipt of the products, that its products are free from defects in materials and workmanship. This warranty is extended only to you, as the original purchaser of the products, and not to any subsequent owner of the products.
You may return defective products to Hoselton within two years of the date of your receipt of the products for a full refund (excluding initial shipping charges). THE FOREGOING REPRESENTS HOSELTON STUDIO LIMITED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THE ABOVE WARRANTY.
THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To claim under this warranty, you must return defective products to the shipping address specified in paragraph two above and include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the products, and the nature of the defect.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Hoselton . In the event Hoselton determines that your warranty claim is justified, Hoselton will refund to you the necessary costs of shipment through Canada Post. You must take reasonable care that the products are not damaged during their return. The risk of loss or damage to the products remains with you until the products are received at Hoselton’s facilities.
Hoselton sculptures are handmade. Each piece is crafted from natural material and has unique characteristics. As a result, no two pieces are ever the same and may differ from those images displayed on the Website.
Hoselton sculptures may be delivered in multiple pieces to be displayed together. Exercise caution when opening packaging and displaying the products, as these items can be fragile.
These Terms and Conditions will enure to the benefit of and be binding upon Hoselton and its successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign the Terms and Conditions or any of your rights or obligations hereunder without Hoselton prior written consent. Hoselton may assign these Terms and Conditions or any of its rights or obligations hereunder.
11. Applicable law and venue
By using the Website, you agree that the laws of the Province of Ontario shall govern the Terms and Conditions without giving effect to any conflict of law principles and further agree to attorn to the exclusive jurisdiction of the courts of the Province of Ontario and that the venue for any action, suit, or proceeding arising from or relating to these Terms and Conditions or our products shall be Toronto, Ontario, subject to the provisions on arbitration below. You agree that the United Nations Convention on Contracts for the International Sale of Goods and any local enactment thereof, including but not limited to the International Sale of Goods Act (Ontario), shall not apply.
You agree that any claim, action, dispute, disagreement, or controversy, at law or in equity, arising out of or relating to these Terms and Conditions, the Website, your use thereof, Hoselton, or any of the products shall, except to the extent expressly prohibited by law, be exclusively resolved by confidential, final, and binding arbitration by a sole arbitrator in an arbitration pursuant to the provisions of the Arbitration Act, 1991 (Ontario).
Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the city of Toronto, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand, or modify these Terms and Conditions, nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against Hoselton . The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
You also agree, except to the extent prohibited by law or for any application for injunctive relief, not to join any arbitration under these Terms and Conditions or to any other arbitration involving any other parties subject to these or a similar version of these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Except to the extent prohibited by law, Hoselton Studio will have no liability to you for any claim or cause of action you may have arising from, connected with, or relating to these Terms and Conditions, this Website, your use thereof, or any related matters.
12. Modifications and waivers
Hoselton reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
You may not modify, supplement, delete, or amend these Terms and Conditions in any manner without the express written agreement of Hoselton.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties agree that these Terms and Conditions contain the entire agreement of the parties and supersede all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
Hoselton will use your personal information to: (i) respond to your inquiries or requests; (ii) for market research to improve its product range and the Website; (iii) keep you informed about Hoselton and its goods, including sending you select advertisements for Hoselton products or notices of special promotions and other opportunities to buy Hoselton products; and (iv) process the order(s) which you have placed. Your personal information will not be sold to or shared with any other third parties for their commercial use without your consent. However, Hoselton may share some or all of your personal information with third parties who perform functions on its behalf, such as, without limitation, delivery services, information technology service providers, and credit card processing services. Under their agreements with Hoselton Studio Limited, these third parties have access only to the extent necessary to perform their functions for Hoselton and are not permitted to use your personal information for other purposes. Your personal information is stored and processed by Hoselton and its related parties in Canada and elsewhere. By submitting your personal information to Hoselton , you agree to the collection, use, and disclosure of your personal information as set forth above and as permitted or required by applicable law.
Subject to legal and contractual requirements, you can refuse to consent to Hoselton ’s collection, use, or disclosure of your personal information by contacting Customer Support. You may also withdraw your consent to any further collection, use, or disclosure of information about you at any time by giving Hoselton reasonable notice and subject to legal and contractual requirements. Any such refusal to or withdrawal of consent may affect the information, products, and services Hoselton can provide to you.
Hoselton will try to ensure that information about you is sufficiently accurate, complete, and up to date for the purposes for which it is to be used. You have a right to access the personal information which it has about you and to request that personal information which you believe to be inaccurate be corrected. If you wish to access your personal information, you may either select “Profile” from the site menu or you may contact our Privacy Officer, who will be pleased to assist you. By selecting the Profile option from the site menu, you may also modify your personal information.
17. Limitations of liability
Subject to applicable law and without limiting the generality of the foregoing, the total liability of Hoselton for any cause of action whatsoever arising from or related to these Terms and Conditions, or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (i) in respect of any particular claim, the amount paid to Hoselton by youfor the purchase of products or provision of service related to the claim, if any; and (ii) in aggregate and in respect of all claims, the amount paid to Hoselton by you for the purchase of products through this Website in the two year period immediately preceding the claim, provided further that Hoselton shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Hoselton Studio records, programs, or services or any use or misuse of any product by you.
You agree that under no circumstances shall Hoselton or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files, breaches, thefts, disclosure, or email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Hoselton records, data, programs, or services.
Subject to applicable law, the disclaimers, limitations, and exclusions set forth in these Terms and Conditions shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these Terms and Conditions, this Website, Hoselton, or the products offered on this Website, even if Hoselton is aware of or has been advised of the possibility of such loss or damage. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
You agree that all exclusions and limitations of liability in these Terms and Conditions apply to any claims against Hoselton as well as its related parties.
18. Proprietary rights
“Intellectual Property” means any intellectual, industrial or other proprietary right of any kind in any form, registered or unregistered, and protectable pursuant to the laws of Canada or any foreign country, including, without limitation, any intellectuals industrial or proprietary rights protected or protectable by legislation by common law or at equity, including all plans, drawings, designs, specifications, sculptures, works of art, methods, etc.
In no instance shall your purchase of Hoselton products through the Website or any other means create a transfer of the Intellectual Property of Hoselton to you. The parties hereto agree that all Intellectual Property of Hoselton, and every other right, title and interest in and to all concepts, techniques, ideas, information and materials, however recorded, shall remain the sole property of Hoselton.
20. Excusable non-performance
If the performance of any of these Terms and Conditions or any obligation hereunder by Hoselton Studio is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or non performance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; or (vii) any other cause beyond its reasonable control, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.