WEBSITE TERMS OF USE

This Website is operated by Kaudella d/b/a Stitchery Barn.

These Terms of Use apply to all users of this the Website. Before using this website, please carefully read the following Terms of Use, and the terms of our “Privacy Policy” and “Purchase Policies” (appearing on the Shipping, Payment, Taxes, and Returns pages) which are hereby incorporated into and made part of these Terms of Use.

By accessing and using this website for any purpose, including the purchase of merchandise and services and the submission of payment information in connection with any such purchase at the Website, you acknowledge that you understand and agree to be bound by the Terms of Use. These Terms of Use constitute the entire and only Terms of Use between Stitchery Barn and each user of the Website with respect to the subject matter of these Terms of Use.

Intellectual Property

The contents of the site as a whole are intended solely for personal, non-commercial use. You may view the website and print its contents for this purpose only provided that all copyright and proprietary notices contained in the original Materials are kept intact. You may not use, transfer, copy, or reproduce any part of the website or any of our products or services in any form or by any means except for the sole purpose of viewing its content unless you have the express written permission of Stitchery Barn. Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the "contents"), are owned, controlled, or licensed by Stitchery Barn and/or its subsidiaries. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. We reserve the right and you grant Stitchery Barn permission to reproduce, publish and display commissioned (including but not limited to custom or personalised Products, Services, and items) without attribution, commission, or compensation to you. All original artwork and designs (including custom or personalised designs) remain the property of Stitchery Barn.

Third Party

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. Through the use your use of these links, you will leave the Website and you use of these links is at your own risk. We are not responsible for examining or evaluating the content or accuracy on third party websites linked from this Website and Stitchery Barn expressly disclaims any liability or responsibility for any third-party materials or websites, or for any other materials, content, or legality of any information, and for any products and services that appear on any third party website. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Use of Site

Use of the website is subject to the following terms of use:

-              The products/services advertised on the website do not constitute an offer or recommendation for any products or services for their use and are intended for general information only.

-              Your continued use of this website indicates your acceptance of these Terms of Use.

-              You have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and you are legally capable of entering into binding contracts;

You may be required to create an account on the Website on order to use certain features and services. You agree: (a) to provide true and accurate information; (b) to maintain and promptly update all information including but not limited to shipping addresses, and keeping this information up-to-date as permitted; (c) that it is your responsibility to keep your account information including username and password confidential; (d) that you will be fully responsible for all activities that occur under your account; (e) that you will ensure to log off of your account after each session; (f) that you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

If you provide false or misleading information, Stitchery Barn reserves the right to terminate and suspend your account and all immediate and future use of the Website without notice. Should you notice any unauthorized use of your account, you agree; (a) that you will notify Stitchery Barn immediately of the unauthorized use or breach of security. Stitchery Barn Parties will not be responsible for damages arising from your failure to adhere to these requirements. 

You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You are prohibited from using the site or its content: for any unlawful purpose; to suggest any endorsement by Stitchery Barn; to solicit others to perform or participate in any unlawful acts or engage in criminal conduct; or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

Linking to the Website without prior written consent or prior authorization is prohibited. Linking permitted by Stitchery Barn must be done in accordance to applicable jurisdiction laws. You agree to only access the Website and your account by the interface provided by Stitchery Barn.

Stitchery Barn does not represent that the Website is in compliance with all laws of any other country and your use of the Website, and it is fully your responsibility to use comply with local laws and that Stitchery Barn Parties are not responsible for the adherence to applicable local laws.

Termination

You agree that Stitchery Barn may terminate and suspend your use of the Website if your use of the Website is believed to be in violation to these Terms of Use, is in violation with applicable laws, or may harm the interests of Stitchery Barn Parties or other Website users. Notwithstanding the termination and suspension of use of the Website, you agree that you will continue to be subject to the withstanding sections of this Terms of Use to the fullest extent of the law. Stitchery Barn reserves the right at any time, or from time to time, discontinue the availability and use of the Website. You agree that Stitchery Barn Parties are not liable to you for the unavailability, suspension, modification, or discontinuation of the Website. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

Cancellation Policy

We reserve the right to cancel the contract between you and us if:

- We have insufficient stock to deliver the goods you have ordered;

- We do not deliver to your area; or

- One or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

- Requested personalisation includes (or suggests) profane, obscene, offensive, abusive, racist, illicit, or defamatory language or content, or is in violation of the law or of our company values and ethics. 

​

- Wholesale item pricing is subject to wholesale account approval. All unauthorised wholesale item purchases are subject to order cancellation at the discretion of Stitchery Barn. 

If we do cancel your contract we will notify you by email or by telephone, and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. Should we require additional time to process you refund you shall be notified in writing of any delays. We will not be obliged to offer any additional compensation for disappointment suffered.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, email, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. 

If your package is returned to our facility including but not limited to a shipping error, postal service error, and package refusal, we may contact you via the email address provided with your shipping information based on our discretion. Should we contact you, if we do not receive a response within 2 business days, we hold the right to refund and cancel your order.

Ordering

Please ensure to proofread and review your order details and shipping address before completing checkout. After placing an order, you may receive an e-mail acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service.  Viewing the "Thank you for your purchase" page on our website does not constitute acceptance of your order. All orders are subject to acceptance by us.

Products and Services

We do not warrant or guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or arrive by a specific date including but not limited a wedding or event date. We do not warrant that any errors in the service will be corrected. Colour accuracy on the website cannot be guaranteed, and will vary depending on the resolution and display settings of your computer or device.

Due to the nature of handcrafted work there may be slight variations in colour, size, style, placement, and spacing throughout the order. Completed orders (“Products”, “Services”) may vary from proof(s) or image(s) displayed on the Website or within written communication. Colours, scripts/lettering styles, and items may vary, and may not be identical. Minor imperfections are characteristics of the handcrafted process, and should not be considered to be errors or quality defects. Spacing and placement may vary from item to item and may not always look exactly as shown on our website. All measurements and colours given or shown on our site are approximate. Due to the nature of handcrafted work, no two items are identical and slight variations in design, shape, and colours may occur and vary from images shown. We cannot guarantee the waterproof ability, durability, capacity, rigidity and humidity resistance of items. Substitutions may apply based on availability. The length of wording and size of item or product will alter actual size of personalisation. Should you receive an item containing a discrepancy due to a transcription error made by us, we will replace the sole item containing the discrepancy.

Pricing

All of our prices are in Canadian dollars unless otherwise stated. If your purchase from outside of Canada, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card. The price of our Products will be as quoted on our site, and will be subject to change at our discretion with no prior notice. These prices do not include tax and delivery costs, which will be added to the total amount due as set out on the relevant page of our site. Orders within Canada are subject to applicable tax. Purchases from outside of Canada may be subject to customs duty/import tax charges, and you agree to be responsible for such applicable charges.

Payment

You agree that you will pay for all products and services purchased through this site including shipping and applicable taxes. You are responsible for the timely payment of all fees and for providing Stitchery Barn with a valid payment method. Full payment is due prior to order processing for all purchases. By submitting an order to us through the Website you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full. We are not responsible for any charges or other amounts applied by your card issuer or bank as a result of our processing your credit/debit card payment in accordance with your order or for processing an order cancellation. For card payments, all credit and debit cardholders may be subject to authorisation and authentication. By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from relevant third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s). You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If payment is delayed, continuation of your order will also be delayed. If final payment is not received, your product will not be shipped until payment is received in full, regardless of your contracted mail or estimated completion date. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

Promotional Discount Codes

We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases. Promotional and discount codes are subject to expiry and availability. Codes are non-transferrable and no cash alternative is available.

Shipping and Delivery

Orders being shipped to addresses outside of Canada may be subject to import duties and taxes, which are levied once a shipment reaches the destination country. Additional charges are the responsibility of the customer and you will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please be advised that Stitchery Barn cannot be held accountable for delays in customs clearance.

We cannot guarantee turnaround and delivery timescales and will not be liable for any delay in meeting them. Delivery times are supplementary to turnaround. We cannot be held responsible for any delays once the goods have left us and are in possession of the courier, carrier, or postal service. We cannot be held liable for shipping carrier guarantees. It is the responsibility of the customer to ensure to provide the correct shipping address at time of purchase. We cannot be held responsible should a package return to us due to an incorrect or undeliverable address.

To ensure your Product reaches you safely, we may require a signature upon delivery for selected Products. Please ensure that you or someone that you trust is available to sign for the Products on the date of delivery.

​

Shipping cost paid to carriers and shipping agents who ship and deliver items, among other things including labor and internal overhead costs to process and package order for shipment, cost of packaging and related supplies, and (applicable sales tax may be assessed on shipping fee based on shipping location) are included in the shipping rate, therefore the shipping rate may exceed the actual fee paid by Stitchery Barn to its carriers to send the item to you.

Items will be shipped to an address designated by the purchase as long as that shipping address is compliant with the shipping restrictions contained on this website and Canadian export laws and regulations. No order will be shipped contrary to Canadian export laws and regulations. All purchases from this website are made pursuant to a shipment contract. It is your responsibility to ensure that the delivery address you give us is correct and accurate. If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.

Refund and Return Policy

All sales are non-refundable for all orders. If you are a non-U.S. international customer please contact us for further information.

If the goods we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 48 hours of the delivery of the goods in question. Please do not discard the damaged or defective product or the packaging. You must inform of us of the request for return in writing by emailing clientservices@stitcherybarn.com within this period.

Inaccuracies

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. In the event that a Stitchery Barn product or service is mistakenly listed at an incorrect price, Stitchery Barn reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

Warranties, Disclaimers and Limitations of Liability

Your use of the Website is at your own risk and initiative. The Website and the content herin is provided “as available” and “as is”. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. In no case shall Stitchery Barn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors and other representatives (collectively, the “Stitchery Barn Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Stitchery Barn Parties disclaim all liabilities and make no warranties: (a) that products and services will meet your need or expectations; (b) that products are a specific quality; (c) that products and services will arrive and be available to you by a specific date or time. Stitchery Barn Parties shall not in any way be liable for any damages that arise in connection either directly or indirectly with or relating to the use of the Website of any products or services, even if the individual user advises of the possibility of such damages. To the fullest extent permitted by law, to limit the liability of Stitchery Barn Parties your sole and exclusive remedy for any cause or claim whatsoever shall not exceed and shall be limited to the amount paid by you for any product, or service purchased by you from Stitchery Barn on this Website. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract or equity. Limitations on liability, waivers and indemnities in this Agreement are business understandings between the parties and shall apply to all legal theories of recovery, including breach of contract or warranty, breach of fiduciary duty, tort (including negligence), strict or statutory liability, or any other cause of action, provided that these limitations on liability, waivers and indemnities will not apply to any losses or damages that may be found by a trier of fact to have been caused by the Stitchery Barn’s gross negligence or willful misconduct. The parties also agree that you will not seek damages in excess of the contractually agreed-upon limitations directly or indirectly through suits against other parties who may join Stitchery Barn Parties as a third-party defendant.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

We reserve the right to substitute alternative materials if a material should become unavailable. You will be advised should any substitutions need to be implemented. Any substitutions made will not be detrimental to the design and will only be made in extreme circumstances.

Normal wear and tear or damage from daily use of products is not warranted (for example, fabrics, leather, handpainted, handwritten, and handcrafted items may naturally fade or deteriorate over time, and soften and lose shape; these normal conditions should not be considered as defects. Items represented as “hypoallergenic”, “nickel free”, “allergy free”, or “safe for sensitive skin” are not warrants or medical claims and should not be taken to represent a guarantee.

Because we respect the intellectual property rights of third parties, should Stitchery Barn stock and advertise a product that appears to resemble a protected work, our policy is to suspend the sale of any items claimed to be infringing provided the third party owner provides reasonable evidence to allow our staff and legal counsel to conduct an investigation. If we discover and conclude that an item infringes the intellectual property rights of a third party, Stitchery Barn will permanently remove that item from sale.

Stitchery Barn does not warrant or represent that content is accurate, error-free or reliable or that your use of content will not infringe rights of third parties. Your use of the Website is at your risk. We do not warrant that the functional aspects of the Website will be error free or that this site content or the server that makes it available are free of viruses or other harmful components. If your use of this website results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. Stitchery Barn reserves the right to withdraw, temporarily or permanently, any content from this website at any time and for any reason. You confirm that Stitchery Barn is not liable to you or any third party for any such withdrawal.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

- strikes, lock-outs, or other industrial action.

- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

- fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster.

- impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.

- impossibility of the use of public or private telecommunications networks.

- the acts, decrees, legislation, lockdowns, regulations, or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

Stitchery Barn’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Stitchery Barn shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Stitchery Barn’s reasonable control.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Indemnification

You agree to indemnify, defend, and hold harmless Stitchery Barn parties and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by you or any third-party due to or arising out of your use of the Website or out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Governing Law

These Terms of Use and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of Canada and the parties shall submit to the exclusive jurisdiction of the Ontario courts. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with Stitchery Barn’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind Stitchery Barn in any respect whatsoever. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Canadian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Canada. To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Miscellaneous

If any of these Terms of Use or any provisions of a Contract are determined by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

You can submit comments, suggestions, ideas, original or creative materials and other information to Stitchery Barn. Feedback is non-confidential and shall become the sole property of Stitchery Barn. Stitchery Barn shall own exclusive rights, including without limitation, all intellectual property rights, such feedback shall be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

Changes

If we decide to revise these terms of service in the future, we will inform you by posting a notice on our website. Any changes to this policy will go into effect on the date posted in the notice. Your continued use of our website or other services constitutes you acceptance of the practices described in the revised Terms of Use.

Notices

All notices given by you must be given to Stitchery Barn, by mail, or by emailing clientservices@stitcherybarn.com. We may give notice to you either by email, by the postal address, or by any other means that you provide to us when placing an order. Notice issued by us will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting any letter by mail.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. You agree that all notices, disclosures, agreements, policies, and other communications that Stitchery Barn provides to you electronically satisfy any requirement that such communications be in writing.

We shall accept your order and payment by email confirmation. Our message will also confirm details of your purchase. That is when our contract is made. We do not accept orders on our website without payment. In the case of telephone orders, acceptance and confirmation shall be verbal.

Contact Information

Stitchery Barn

6 - 14845 Young Street

Suite 565

Aurora ON L4G 6H8

Canada