These terms and conditions (“Terms”, “Agreement”) are an agreement between Frozen Tundra Designs (“Frozen Tundra”, “FT”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the frozentundradesigns.com website and any of its products or services (collectively, “Website” or “Services”). Goods refer to the items offered for sale on the Service. Orders mean a request by you to purchase goods from us.
Terms of Sale
By placing an order with us, you are offering to purchase Goods (including gift cards), representing that you are of legal age, and representing that all information you provide to us in connection with the order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We reserve the right at any time after receipt of your order to accept, modify, or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to refuse service without prior notification.
All products are sold on an “as is” basis.
Despite our best efforts to sync inventory, an item listed on the website as in stock may on occasion no longer be available. If the availability of an item has changed (i.e. is no longer in stock), we will contact you with alternative options. Charges are applied at shipping stage – you will not be charged for any items ordered that are not currently in stock.
Pricing and Payment Terms
Price of FT Products is as quoted on the Site. Prices exclude delivery costs which will be automatically added at the cost shown to the total amount due when you view the items on the checkout page and have chosen your delivery method.
Prices and deliver costs are liable to change at any time, but changes will not affect orders for which you have already received a confirmation from us.
Payments for all orders must be made through one of the two payment processors listed at checkout (Square and PayPal). We accept payment by most major credit and debit cards. In agreeing to our terms and conditions, you also agree to the terms and conditions of the third party payment service, Square or PayPal, according to your payment choice.
We process all payments in $CAD. International shoppers may see prices reflected in their local currency or choose to view prices in alternate currencies. These prices reflect current exchange rates for the selected currency and are offered for information purposes only for the convenience of the shopper. Your financial institution used in checkout may use a different exchange rate or apply additional fees for currency conversion. We are not responsible for any differences in price between projected currency conversions and actual exchange rate or conversion fees applied by your financial institution. Returns are also processed in CAD, so exchange rate variations may mean that returned funds do not exactly match initial payment funds after currency conversion.
International orders (those placed outside of Canada) may additionally be assessed taxes, customs fees, or other import fees by your country of residence and charged on delivery. We are not responsible for any taxes, customs, or import fees. If you decline a package for the reason of taxes or fees and return to sender, we will refund you for the cost of the item(s) purchased but charge you for shipping and all other fees applied to FT for the returned shipment.
Online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. It is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Promotion Codes
Promotional codes are offered to customers at FT’s discretion for promotional campaigns or for customer loyalty recognition, etc. There may be a minimum merchandise purchase requirement excluding shipping costs. You may only use one promotion code per order unless given explicit permission by FT otherwise. All promotion codes are available for a limited time while supplies last and cannot be used once expired. These promotions are not redeemable for cash, and specific promotion codes can only be redeemed once per person.
Gift Cards
Gift cards cannot be returned, redeemed for cash, or replaced if lost or stolen. Gift card balances do not expire. Customers can check the balance of a gift card at any time on the Site.
Gift card balances can be applied toward the cost of any item(s) in the Frozen Tundra Designs shop (excluding additional gift cards) and shipping fees. Payment for goods can be split between gift card and other payment options (i.e. credit card, PayPal).
Accuracy of Information on the Site
We do our best to ensure that information on the Site is complete, accurate, and current. Despite our efforts, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We will make all reasonable efforts to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system/device, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content, or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products will be available at any time. All products and promotional offers are provided on a limited basis only while supplies last and at FT’s discretion.
Return Policy
You are entitled to return items from your order for a full credit of what you paid for the item, minus shipping costs, within 30 days without giving any reason for doing so. The deadline for returns is 30 days from the date on which you received the goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered. Possession date is defined as the delivery date reported by the postal carrier.
In order to return products, you must inform us of your decision by means of a clear statement prior to the return deadline outlined above. You can inform us of your decision by emailing [email protected].
We will reimburse you through the payment method that you used when you placed the order or through store credit as you choose. We will process the refund no later than 7 days from the day on which we receive the returned items.
You are responsible for the cost and risk of returning the goods to us. We cannot be held responsible for goods damaged or lost in return shipment. Therefore, we recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the goods or proof of received return delivery.
Conditions for Returns
In order for the goods to be eligible for a return, please make sure that:
- The goods were purchased/received in the last 30 days
- The goods are in the original packaging
The following goods cannot be returned:
- Gift cards.
- Goods made to Your specifications or clearly personalized.
- Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.
Gift Returns
If the goods were marked as a gift when purchased and then shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned product is received, a gift credit will be processed and delivered to your email address.
If the goods weren’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give it to you later, we will send the refund to the gift giver.
If you have any questions about our Returns and Refunds Policy, please contact us by email at [email protected].
Warranty
FT offers a one year warranty against structural defects on items purchased from the store. Warranty does not cover customized items (at the sole discretion of FT) and those expressly stating a warranty exemption. This warranty provides free repair of the item. To take advantage of this warranty, you must ship the item back to FT. You are responsible for the cost and risk of returning the goods to us. We cannot be held responsible for goods damaged or lost in return shipment. Therefore, we recommend an insured and trackable mail service. FT will ship the repaired item back to you at no further cost.
In some cases, repairs will result in a change in appearance to the item being repaired. This may occur due to a change in supplies, a unique quality to the damaged or broken component, or other variables over which FT has no control. In these cases, FT will contact you to work out a mutually agreed upon solution.
To activate the warranty, you must contact FT by email at [email protected] within 1 year of purchase to discuss the problem and arrange return shipment.
Additional Terms
Accounts and membership
You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Backups
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website 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, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Website Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics, images, and logos used in connection with our Website or Services, are trademarks or registered trademarks of FT or FT licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will FT, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if FT has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of FT and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to FT for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold FT and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Alberta, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created in part with WebsitePolicies.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected].
This document was last updated on July 1, 2020 to clarify return and warranty policy.