Website Terms and Conditions

Effective Date: Jan 28, 2021

 

Welcome to The Cedar Nook!

 

This Site is owned and operated by The Cedar Nook (referred to in these terms as “The Cedar Nook”, “we”, “us”, and “our”).  Please take the time to read these terms and conditions as they apply to the use of this Site, the content made available to you  via this Site and our social media channels and govern the sale of products by  (“Terms”).   These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”). 

We would appreciate it if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.

 

CONSENT TO SITE  TERMS

 

By browsing or using our Site or purchasing a product, accessing and interacting with us on our social media channels or otherwise accessing and using any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.  

 

NO MINORS

 

By using the Site, accessing  or  purchasing our products, you warrant that:

 

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms; and

(c) will comply with these Terms.

 

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.  These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services.  If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.  You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site.  If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase. 

INTELLECTUAL PROPERTY

The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services, products  or the content.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.  

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties.  Unless we expressly  inform you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites.  It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

 

CREATING AN ACCOUNT

To place orders and access some features of the Site, you may have to  register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old.   You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure. 

We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 

PRICES, PAYMENT and DISCOUNTS (incl offers and promotions)

 

Prices

All prices are in Canadian Dollars (CAD) and the buyer is responsible for any taxes or tariffs associated with your purchase. 

Prices shown on the Site do not include shipping and handling or insurance, unless otherwise specified.  Prices unless specified will not include applicable taxes. The prices indicated on the Site may change at any time without advance notice to you.  If you’ve purchased our products or services, it will be charged at the price in force at the time a customer’s order is validated. 

If you have a native status card and wish to have your tax refunded, you will need to place your order and pay the taxes upfront in advance as our Site is not set up to recognise the native status or tax exemption.  You can email us at info@thecedarnook.com contact us via the contact form here on placing your order and provide us with your order number  to commence the tax refund process, please also include a copy of the front and back of your native status card as well as your driver’s licence.  Tax will be refunded once the order has been processed, please note that this could take up to 14 business days.

 

Payment

We offer visitors who want to purchase from our Site the option to pay for the products and / or services by credit card or such other method of payment as notified by us from time to time.  You acknowledge and agree to make timely and full payments to us for the products and/or services purchased.  Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card.  

Discounts

We may from time to time provide discounted products and / or services.  You may only use one discount code with each purchase.  We reserve the right to reject or cancel any orders where you add more than one discount code.  We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.  Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

Offers & Promotions

If for whatever reason any offer or promotion is not able to be run as planned, this includes but is not limited to any technical issues e.g. network failure, fraud or any other cause beyond our control, we may in our sole discretion cancel, terminate, modify or suspend such offer or promotion and invalidate affected entries, or we may decide to suspend or modify any prize on offer, subject to applicable laws.

CANCELLATIONS

Our ordering processes is automated, and fulfilment activity commences as soon as the warehouse receives the order.  Due to the nature of our fulfilment process, it is difficult to cancel an order, unless immediate notification is received.  We would therefore recommend that you review your order carefully before submitting, and if a cancellation does become necessary please contact us as soon as possible with an email to our email at info@thecedarnook.com  confirming your name and order number.

REFUNDS

Please refer to our refunds policy here.

RETURNS POLICY

Please refer to our returns policy for full details here.

SHIPPING & HANDLING POLICY

Please refer to our shipping policy for full details here.

COMPLAINTS PROCEDURE

We pride ourselves on ensuring that every customer enjoys their experience and the service they receive with us.  We recognise that on occasion, things can go wrong.  If this happens, we will do our very best to put things right at the earliest possible opportunity.  If you are not happy with the service you receive, please ensure that you inform us immediately we will ensure that all complaints are followed through and documented and where appropriate, action will be taken to prevent a recurrence.

The most efficient way of resolving a problem is to bring it to our attention immediately.   All complaints must be sent to info@thecedarnook.com.  Please provide as much detail as possible, including details of your order (including order no) and the reason for the complaint.  Your complaint will be assessed and we will aim to get back to you within 48 hours of receiving your complaint.

INFORMATION AND ADVICE

Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional  advice for individual or specific situations and does not take into account your specific needs or circumstances.  The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional. We do not accept responsibility for determining whether our products and/or services are appropriate for you. 

We do our best to ensure that the colours of any products are accurately displayed, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.

By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.

 

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! 

Where you do decide to submit such feedback or comments,  you represent and warrant that (a) you are the sole author and owner of the intellectual property and any other rights in that content  (or have the right to use that content with appropriate consents and permissions) (b) give us permission to post or otherwise use that feedback on our social media or other channels and (c) you waive any and all existing and future moral rights (as defined in the Copyright Act of Canada in the content you provide us; (d) the content does not violate these Terms; and (e)  you are at least 18 years old.

We reserve the right to remove a review or comment  if such review or comment  contains (a) libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on.

Our Site and social media channels may feature user reviews of the products and/or services as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions of The Cedar Nook  or its owners, shareholders, employees or others, but are the sole product of its creator.  We disclaim all liability with respect to any content submitted by the user or guest blogger.

COMPETITIONS

We may from time to time run competitions through this Site and / or through our social media channels.  Your participation in those competitions is subject to applicable laws, these Terms and any terms and conditions that are specific to each competition and if run on Facebook or Instagram, subject to their terms and conditions too.  

PROHIBITED USE

In addition to any other prohibitions, you must, no circumstances  use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or provincial regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site.

WARRANTIES AND DISCLAIMERS

General warranty

This Site is provided on an “as is” and “as available” basis and by using our Site or purchasing or using a  product or service, you are expressly agreeing that you use the products and services at your own risk.  Any specifications or features described on this Site are approximately only and may be subject to change without notice.  Further, any reference to any product or service does not imply or warrant that such product or service will be available at any time in your location.  To the fullest extent permitted by law we make no representations or warranties (express or implied) about our Site and / or the products  including that:

1. they are suitable, reliable, complete, secure, satisfactory quality, accurate or fit for any particular purpose;
2. the accuracy, timeliness, reliability or otherwise of any content or information contained or referred to on the Site and/or of any linked sites;
3. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  
4. there is no possibility of failure to store communications or other data. 

LIMITATION OF LIABILITY

Your use of the Site is at your own risk.  To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any damages, losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site, our products or services , your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.  Our liability for any breach of a condition or warranty under these terms shall be limited to the fullest extent provided for under applicable law.

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and  hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms  and/or arising from a breach of these Terms  and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

 

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

 

CEASING OUR WEBSITE

We have the right to discontinue this Site.  If we decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be  responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT 

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required.  However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy, shipping policy  and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION         

All Terms shall be construed in accordance with and governed in all respects by the laws of the Province of Ontario, Canada without regard to conflicts of laws provisions. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible.  Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada without regard to conflicts of law provisions.

 

PRIVACY POLICY

Effective Date Jan 28, 2021

Your Privacy and The Cedar Nook (collectively and individually referred to as “The Cedar Nook”, “we”, “our”, or “us”).

INTRO

Who we are and how you can contact us

We are The Cedar Nook and we are based in Toronto, Canada.  We are committed to protecting your privacy and respect and uphold your rights when you use this Site. This Privacy Policy applies to the products and / or services, we provide on our Site www.thecedarnook.com (“Site”) and our social media channels and explains how we collect, hold, use and disclose data and comply with applicable laws and constitutes part of our Website Terms & Conditions. This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Instagram, Facebook, Pinterest, Twitter, or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this Privacy Policy. 

You can contact us for privacy related questions by info@thecedarnook.com OR completing this form.
We will only use your personal information in compliance with applicable privacy laws including, to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.

Our Role in your Privacy

If you are a customer or just a visitor on our Site, this Privacy Policy will apply to you.  

Our Responsibilities

As we are the providers of the products and services on this Site, we determine how and why your data is processed.  We do not sell or rent your details to any third parties.  We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.

Your Responsibilities

• Please read this Privacy Policy and the Website Terms & Conditions.
• If you provide us with any data relating to a third party, you confirm that you have the right to authorize us to process that  data on your behalf in accordance with this Privacy Policy.

When and How we collect Data

From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or sending us an email, otherwise we might collect the data automatically.  We may also collect data when:

• You interact with us on social media
• You accept our cookies and other tracking technologies on any device you use to interact with us
• You voluntarily submit your data to us for any reason

Types of Data we may collect

• Contact details (name, address, email)
• Financial Information (bank details when you become our customer) 
• Data about the products or services you purchase 
• Data that identifies you (your IP address, login, browser type, time zone, browser plug ins, geolocation, what operating system and version)
• Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)

How and why we use your Data and disclosure

Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.  

We will use your data for the purposes it was collected and related purposes including:

• To run our Site 
• provide you with products, information and / or services
• Customer support
• Improve our Site
• Make your experience on our Site more efficient and enjoyable
• Market research e.g. we may contact you for feedback about our products and services
• Provide you with information about events, other products or services or opportunities that may be of interest
• Marketing (with your consent)
• Monitor your compliance with our Website Terms and Conditions

We may disclose your data for the purposes it was collected and also:

• As required by law subject to our obligations
• With your consent
• Within our business
• Send you marketing material (with your consent)

What are your choices?

Don't provide us with personal data

You can choose not to provide us with any personal data. However if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.

Turning off cookies

Our Site uses cookies and similar technologies to provide certain functionality to our Site.  You can turn off cookies by activating the setting in your browser that allows you to do this.  You can also delete cookies through your browser settings.  If you do decide to turn off cookies, you can continue to use the Site, however, certain services may not work as effectively.

Don't want marketing?

We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at any time).  You can change your mind about marketing material by opting out by (a) completing the contact us form on our contact page or by unsubscribing within the email if you have previously subscribed to our newsletter.

What are your rights?

You can exercise your rights at any time by contacting us via the contact us page on our Site [OR] via email at info@thecedarnook.com.

You can access information we hold about you

We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights).  We will tell you if we can't comply with your request and why.

Inaccurate information

You can contact us to ask us to correct any information we hold about you, that you believe is inaccurate.

Objections to using data for profiling or automated decisions

We may use your data to determine what products and services are relevant to you (e.g. tailoring our emails based on your behavior).  Otherwise, the only circumstances in which we will use this data is to provide our products and services to you.

You have the right to be forgotten

You have the right to request for your data to be erased.  This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.

You have the right to make a complaint regarding the use of your data

If you have any complaints regarding how your data is handled, please contact us via our contact us page or via email info@thecedarnook.com.  

How secure is the data collected

We realize that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data.  This includes the following:

• Password access to accounts
• Storing electronic data with reputable third party storage providers who have appropriate security protections
• Limit access to personal information to individuals who need to know. 

Where do we store data 

We use service providers based around the world.  Consequently, your data may be processed in countries outside of Canada.  If we transfer personal data outside of Canada, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared. 

How long do we store data

We will keep your data for as long as we need it and this period will also depend on your interactions with us.  If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes.  When we no longer need to keep your information, we will delete it.

Third parties who process your data

We share data with third parties in the following circumstances:

• Our suppliers and service providers working for us 
• Our professional and legal advisors
• Law enforcement or other government authorities
• Where we have your consent to do so or otherwise where we are legally permitted to do so.

Age of consent

By using this site, you warrant that you are at least the age of majority in your Province of residence.  Our Site should not be used by anyone under the age of majority and we do not knowingly collect data from anyone under the age of majority.

Cookies and how to block them

We use cookies, this helps us improve the products and services we provide.  

What are cookies?

Unfortunately, they are not the edible kind!  “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.  Cookies can also be used to analyze traffic and for advertising and marketing purposes.  They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies.  For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.  If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.

Governing law

This Privacy Policy and your use of this Site is governed in all respects by the laws of Canada.

The End

If you are reading this, well done!  You got to the end of this Privacy Policy kudos to you.  

Updates to our Privacy Policy

Please make sure to check in on our Privacy Policy periodically, as we may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.  We will always ensure that the current date of the Privacy Policy also known as the “Effective Date” is prominently displayed at the very top of this Privacy Policy so you know it's the latest version.