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Terms of Use

Welcome to the boring but important legal stuff about using our site. Your use of this website is governed by these terms and conditions along with all other outlined polices so please review them carefully.


1. Ordering/Purchasing on our Website

1.1. How to order

You are bound by your order once you have clicked the “Submit order” button at the end of the ordering process. By clicking the “Submit order" button, you send your order to us as it is displayed in the final check out screen.

Once we have received your order, a copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.
 

1.2 Our right to not accept your order or cancel your purchase.

We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:

  • the product is not available / in stock (any payments will be refunded);
  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order
  • susceptible to fraud;
  • we have reason to believe that you are a reseller;
  • there was an error in the price quote;
  • we could not deliver to the address provided by you


We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.


1.3 Availability

Fulfillment of all orders on the Website is subject to availability. We try to ensure that all items offered for sale are in stock. However we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded.


1.4 Canceling an Order

Fiddleheads will accept cancellation within 24 hours after you place an order provided that the order has not already been shipped. Special orders may not be canceled once the order has been paid for.


1.5 Returns
Please see our Worry-Free Return Policy for more information.


1.6 Sales, Discounts and Special Offers
All sales or special offers are for a limited duration and may not be combined with any other offer including, but not limited to, combining free shipping offers or other discount coupons.

 

2. Price/Payment


2.1 Currency and Duties

All products are quoted in Canadian dollars. Shipping and sales taxes, if applicable, will be added to your total purchase price. You are responsible for the payment of any shipping charges and sales taxes that apply to your order. International orders may be subject to import or customs duties. If applicable, you are responsible for the payment of any customs charges, duties and brokerage fees that may be levied.
 

2.2 Price changes

The product prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Subject to clause  2.3 below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
 

2.3 Pricing errors

Please note that even though the Website is composed with care, it is possible that the pricing information on our Website contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error

 

3. Shipping & Delivery

3.1     Delivery – where and when

We deliver products from Monday through Friday. We do not ship on certain public holidays. 

Where possible, we try to deliver in one go. However, please note that unforeseen product shortages may result in split shipments. We reserve the right to split the delivery of your order, for instance (but not limited to) if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase. You will not be charged for any additional delivery costs.
 

3.2 Inspection upon delivery

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as we have received your return. Please also note that you should inspect the products within a reasonable time after their receipt. You will be deemed to have accepted the products unless you have notified us within 30 days after receipt of the products that they are rejected.

 

5. Offer Validity

The offers on the Website are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.

 

6. User Generated Content

6.1 Product Reviews

If you post any reviews, remarks, questions, or other information  (hereafter "User Generated Content”), this will become the exclusive property of Fiddleheads. The User generated Content will be deemed to be nonconfidential and we will be entitled to use or disclose the User Generated Content in any manner whatsoever, without liability or notice to you. The User Generated Content or any other information you send to the Website should not be, or contain, material which is offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any applicable law, whether civil, criminal or religious. You agree that all material submitted to us is original to you, and not copied in whole or part from any third party. Please do not send anything that is required to be kept confidential.

Fiddleheads does not, and you agree that Fiddleheads has no obligation to, review the User Generated Content, that Fiddleheads is not in any manner responsible for User Generated Content, that Fiddleheads does not guarantee the accuracy, integrity or quality of User Generated Content, and that Fiddleheads cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. 


6.2    Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that Fiddleheads is not responsible for any User Generated Content that purports to give medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or question.


7.   Info on the Website(s)

Even though Fiddleheads has composed the Website with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. Fiddleheads shall not be not liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of Fiddleheads.


8. Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the site or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the site; modify and/or waive any fees charged in connection with the site; and/or offer opportunities to some or all users of the site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any service, content, feature or product offered through the Website.

 

17.   Linked Sites

The Website provides links to external Internet sites. Fiddleheads shall not be liable for the use or the content of Internet sites that link to this site or which are linked from it.  You access such linked sites at your own risk. The privacy and security practices of websites linked to or from this website are not covered by this statement, and Fiddleheads is not responsible for the privacy or security practices or the content of such websites.

 

18. Copyrights & Trademarks

This website and the materials within it are © Fiddleheads Kids Shop Inc. All rights reserved.

The trademarks, service marks and logos used and displayed on the website are registered and unregistered trademarks of Fiddleheads. The name Fiddleheads Kids Shop Inc, “gofiddleheads.com” and the Fiddleheads brandmark and/or logo may not be used in any way without prior written permission from Fiddleheads.

Unless otherwise noted, the site, and all materials on the site, 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 Fiddleheads Kids Shop Inc. 

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.


19. Use

Fiddleheads grants you permission to view this website and to print individual pages from this site for your own personal, non-commercial use, provided you agree to and accept the terms and conditions set out in this agreement. You may not modify, copy (except as set out above) display, reproduce, transfer or sell any information, material, software, products or services from this website or use this website for any purpose that is unlawful, immoral or prohibited by these terms and conditions.
 

20. Warranty Disclaimer and Exclusion of Liability
Fiddleheads makes every effort to review the safety of all our products. Fiddleheads cannot be held liable for accidents involving a product purchased from our website which results in personal injury. Fiddleheads makes no representation about the suitability of the products on this website for any purpose. All products are provided "as is" without warranty of any kind, express or implied, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Your use of this website is at your own risk. Fiddleheads shall not be held liable for any direct, indirect, punitive, incidental or consequential damages that arise out of or are in any way connected with the use of this website or the materials in this website or the performance of the products, whether based in contract, tort, strict liability or otherwise.


21. Dispute Resolution

In the event of any claim or dispute arising out of or in connection with this website and/or these terms and conditions and/or any contract between you and Fiddleheads, you agree to engage in good faith with us in a process of mediation before commencing any arbitration or litigation. Any such mediation will take place in Halifax, Nova Scotia, Canada.


22. Governing Law

You agree that these terms and conditions and your use of this site are governed by and interpreted in accordance with the laws of Nova Scotia, Canada and you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Nova Scotia, Canada in all disputes (1) arising out of, relating to, or concerning this site and/or this agreement, (2) in which this website and/or this agreement is an issue or a material fact, or (3) in which this website and/or this agreement is referenced in a document filed in a court or other dispute resolution organization. Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement.


23. Agreement

This agreement and terms of sale constitutes the entire agreement between you and Fiddleheads with respect to this website. No modification of this agreement shall be effective unless authorized in writing by Fiddleheads.


24. Changes to Terms & Conditions

Fiddleheads reserves the right to change or update these terms and conditions at any time by posting notice on this page. Your use of this website following any such change will constitute your agreement to follow and be bound by the changed terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this website.

25. Choice of Language

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.

 

Last updated January 15, 2016

Questions?

Any questions or comments may be sent to:

Fiddleheads Kids Shop
Attention: Customer Service
300 Prince Albert Rd, Suite109
Dartmouth, NS  Canada  
B2Y 4J2