Terms of Service
TERMS AND CONDITIONS OF USE & SALE
The Website is only intended for customers in the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan, Yukon, Nunavut, and The Northwest Territories.
Please review these Terms carefully. By accessing, browsing, purchasing or in any other way using the Website you are agreeing to these Terms. If these terms and conditions are not acceptable to you, please do not use the Website.
Please print out a copy of these Terms (and all other documentation relating to any transactions made using the Website) for your records, as Castle Forbes may, but cannot guarantee, that it will be able to provide you with copies of such documents on your written request.
We reserve the right to change, modify, alter or otherwise update the Terms applicable to this Site at any time without prior written notice and in its sole and absolute discretion. We will notify you of any such changes, modifications, alterations or updates to this Site simply by posting a notice on this Site. Your continued use of this Site following any such changes, modifications, alterations or updates, will constitute your acceptance of the new Terms.
- HOW THE CONTRACT FOR THE GOODS IS FORMED BETWEEN YOU AND US
By placing an order through the Website you agree that: (i) you are legally capable of entering into binding contracts; and (ii) you are using payment means in accordance with the agreement set out by the financial institution who issued your card.
A legally binding contract will be formed between us when: (i) you have confirmed to us that you wish to proceed with the purchase of one or more products; (ii) we have confirmed to you that we will sell the product(s) to you; and (iii) we have received payment of the price and any additional monies owing related to your order.
When your order has been completed you will receive confirmation of the product(s) ordered, the price paid, the estimated delivery date and your allocated order number. If you wish to amend any part of your order once it has been accepted and payment has been made then you will need to contact us by one of the following methods set out in Part 10 of these Terms.
Castle Forbes accepts either Visa or MasterCard. Any payments made by any credit card are subject to the approval of the financial institution that has issued the credit card.
We reserve the right to decline to sell any product to you in our sole discretion. We also reserve the right to limit, modify or cancel orders in our sole discretion, including orders that appear to be placed by authorized parties, including resellers. .
We do not knowingly market to, advertise to, or collect information from children under the age of 13.
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
3. LICENCE FOR WEBSITE ACCESS
Castle Forbes grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Castle Forbes. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, screen scraping, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Castle Forbes’s express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without the express written consent of Castle Forbes. You may not use any meta tags or any other 'hidden text' utilizing Castle Forbes without the express written consent of Castle Forbes. Any unauthorized use terminates the permission or license granted by Castle Forbes. You may not use any Castle Forbes logo or other proprietary graphic or trademark as part of the link without Castle Forbes express written consent.
Any unauthorized use of this Website, which includes but is not limited to
hacking into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attacking the Website via a denial-of-service attack or a distributed denial-of service attack, is strictly prohibited. Engaging in conduct that would constitute a civil or criminal offense, give rise to civil or criminal liability or otherwise violate any municipal, state, provincial, and national or international law or regulation, or other activities that would fail to comply with accepted Internet protocol, is also prohibited. Any violations of these Terms may give rise to a claim for damages.
- YOUR CONDUCT
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
The Website accepts payment in the currency listed on the web page at the time of check out. Payment is only accepted through Visa and MasterCard.
Please note that if Castle Forbes suspects fraud or a breach of security, we have the right to cancel any transaction. In most cases, you will be notified of security or fraud issues, if they occur, before you complete the check-out process.
- LIMITATION OF LIABILITY
Castle Forbes expressly disclaims any liability or loss arising from or related to the Website (however arising, including negligence), including without limitation, liability or loss associated with unauthorized access to any server, merchant interfaces, or your data (including credit card numbers and other personally identifiable information) due to accident, illegal or fraudulent means, including hacking or devices used by any third party, or other causes beyond Castle Forbes’s reasonable control. You expressly agree that Castle Forbes shall not be liable for any loss arising from the infiltration of the Website by means of software viruses, Trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate data from the Website.
As a condition of use of the Website, you agree that neither Castle Forbes, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Castle Forbes, will be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages, expenses or costs resulting directly or indirectly from or otherwise arising in connection with the Website. The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of Castle Forbes and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which but for this provision, would give rise to a cause of action in contract, or any other legal doctrine. Castle Forbes’s liability is limited to the monetary cost of replacing any damaged product.
See Delivery Information
- RETURNS & CANCELLATION POLICY
Due to the nature of our products and because we are unable to determine if products are unused upon return, all sales are final to ensure the safety of our customers.
If you receive a defective or damaged product with your purchase please contact us at email@example.com or 1-877-253-8240 (open 8 am-4 pm Eastern Time, Monday to Friday).
- COPYRIGHT, INTELLECTUAL PROPERTY & ACCURACY OF INFORMATION
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Castle Forbes, and is protected by copyright laws. You may not systematically extract and/or re-utilize parts of the contents of the Website without our prior written consent.
Castle Forbes does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
Please note that certain trade-marks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.
The Content is provided for informational purposes only and Castle Forbes is under no obligation to keep the Content updated.
Please direct any comments or complaints in respect of products ordered through the Website to our customer services at firstname.lastname@example.org or telephone us on 1-877-253-8240 (open 8:00am – 4:00pm, Eastern Time, Monday to Friday).
All comments and complaints will be carefully reviewed and addressed by our customer service team in a timely matter.
- ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our Website, policies, and these Terms at any time. You will be subject to the policies and Terms in force at the time that you use the Website or at the time you order goods from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms or policies are deemed invalid, void, or for any reason unenforceable, any such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition(s).
- EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
- GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of Ontario. You agree, as we do, to submit to the non-exclusive jurisdiction of the Ontario courts. Your statutory rights are not affected by these Terms.
DELIVERY INFORMATION & CHARGES
Depending on the weight and/or value of your order, your parcel will be sent via the Postal Service or Courier.
We offer FREE standard postage to any domestic address on all orders of $50.00 and over. A $10.00 delivery charge applies to orders under $50.00
The shipping aim for standard delivery is 3-5 working days. The shipping aim for expedited postage is 1-2 working days (if your order is received before 11am we will endevour to ship your order for next business day delivery).
Unfortunately, because of high shipping costs, we cannot offer free shipping for:orders from Canadian Territories (Northern Territories, Yukon and Nunavut)
During December we aim to dispatch orders within three-five business days.
No on time guarantee
We have no control over shipping carriers, their operations, or events that affect their delivery schedules. Therefore, we do not guarantee on-time delivery.
No Liability for Damages Caused by Inclement Weather
The risk of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the product(s) to the shipping carrier. For example, and without limiting the generality of the foregoing, we have no control over and are not responsible for weather-related damages or delays which occur during product transportation to you, such as, but not limited to, product breakages due to freezing.
No Liability for Customer Data Entry Errors or Customer Absence
We are not responsible for any errors you make in you order or its content, delivery address entry or if you are not available to receive the order. Please review your order and contact us immediately if you find mistakes. In case your order gets returned to us due to your data entry error or your absence at the time of delivery, we can: (i) Issue a Refund: We will issue a refund if you choose to cancel your order after such an instance of non-delivery. We will deduct the original shipping fee from your refund, as well as any additional charges/penalties Canada Post (or other shipping carrier) applies for returning the package to us; or (ii) Re-ship: In such cases, an additional fee will apply to reship your goods.
Multiple Shipping Locations
The order may be fulfilled from multiple warehouses in different locations. You will only be charged one set of shipping costs. Any additional costs will be borne by us.
“Personal information” means information about you or associated with you as an identifiable individual. This includes information such as your name, home address, telephone number, personal e-mail address, purchase history, and payment information.
- INFORMATION COLLECTION AND USE
Castle Forbes may collect personal information, as well as and non-personally identifiable information, when you use our website, such as when you register for an account, place an order for products, or sign up to receive special offers.
We may collect personal information including but not limited to your first and last name, email address, user name and password, phone number, shipping address, and billing information.
We use this information for certain business purposes, such as to provide you with an online account, process and ship orders, and provide you with customer service. With your consent, we may use personal information so that we can provide you with marketing information, including and without limitation, information about promotions, new products and services. You can opt out at any time by emailing email@example.com
Certain information is automatically collected when you visit our website. This includes such things as an IP address, browser type, device type and location. This information is used by us and our service providers to facilitate communications with our Website and to analyze Website activity so that we can improve the content and performance of our Website. The information generated by the cookies used to analyze your use of our websites (including your IP address) may be transmitted to and stored on servers in the United States. If you would prefer not to accept cookies, please see the instructions in “Section 4. Cookies” below.
- ACCURACY OF INFORMATION
We will endeavor to ensure that reasonable steps are taken to create an accurate record of any personal information we have collected through the Website. However, we do not assume responsibility for confirming the ongoing accuracy of your personal information. If you advise us that your personal information is no longer accurate we will make corrections as required by law. Should any of your personal details change, or should you no longer wish to receive communications from us, you may update your details by visiting the “sign in” page, by contacting Customer Services at 1-877-253-8240 (open 8am to 4pm Eastern Time, Monday to Friday, except for statutory holidays applicable in Ontario) or email firstname.lastname@example.org
- ACCESS TO YOUR PERSONAL INFORMATION
If you wish to access your Personal Information that you have submitted via the Website please visit “my account” page or email email@example.com
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are, making interaction between users and a website faster and easier. Cookies are not computer programs, and cannot read other information saved on your hard drive. They cannot be used to disseminate viruses, or get a user’s email address, etc. They only contain and transfer to the website as much information as the users themselves have disclosed to that website. We use ‘cookies’ to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping basket at any time. Cookies also enable us to estimate our audience size and usage pattern and will enable our Website to recognize you when you return to the site. You have the ability to accept or decline cookies by modifying the settings in your internet browser. However, you may not be able to use all the interactive features of the Website if cookies are disabled.
- DISCLOSING INFORMATION TO THIRD PARTIES
We may sell or purchase assets. If another entity acquires us or all or a portion of our assets, personal information that we collected from you may be shared with that entity. The personal information will be shared for the purpose of that entity considering whether to enter into the transaction and also to complete the transaction.
We may also disclose your personal information in the following circumstances: (a) if such disclosure is necessary for us to receive legal advice; (b) to collect a debt from you; (c) if we are required to disclose your personal information in order to comply with any legal obligation or the decision of a judicial authority; (d) if disclosure is requested by an investigatory body, law enforcement official or governmental authority which has lawful authority to request the disclosure of the information in respect of an investigation; (e) if we have reasonable grounds to believe that the information relates to a breach of an agreement or contravention of a law; or (f) where we are otherwise permitted to do so by applicable law.
Castle Forbes takes the privacy of our customers very seriously and are committed to protecting the security of your data, both on and off line. Should you have any questions about the security of our Website, please send an email to firstname.lastname@example.org
Personal information collected by Castle Forbes is stored and processed in the United States or Canada or both. Some of our service providers may be located in foreign jurisdictions, including the United States, such that personal information may be transferred and stored in those jurisdictions. Personal information located in a foreign jurisdiction could be subject to access by governmental and law enforcement agencies in that jurisdiction. For more information about our practices with respect to outsourcing and transfers to foreign jurisdictions please contact us using the information provided below.
- NOTIFICATION OF CHANGES
Castle Forbes has taken great measures to ensure that you enjoy your Website experience and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please email us at email@example.com or by mail at 1050 Pachino Court, Burlington, Ontario, L7L 6B9, Canada, Attn: Privacy Officer.