TERMS + CONDITIONS
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Bayberry Design. (the "Website"). Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
- AGE RESTRICTION You must be at least sixteen (16) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least sixteen (16) years of age. We assume no responsibility or liability for any misrepresentation of your age.
- INTELLECTUAL PROPERTY All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
- USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
- ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an "Account"): a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission; b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for. When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
- SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
- SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, We will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:
19492 Opeongo Line. Unit B
Barry’s Bay, Ontario, Canada K0J 1B0
If you are unhappy with anything you have purchased on our Website, you may do the following:
Exchanges or returns must be initiated and received within 14 days of receipt of package Item must be in its original, unused, unaltered and undamaged condition. Item must be returned with the original tags and packaging. BAYBERRY DESIGN reserves the right to reject returns which do not comply with our return policy. Returns that do not respect our policy may be sent back to the original shipping address at our discretion.
- ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Bayberry Design.
You further agree not to use and/or access the Website:
- a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- b) To violate any intellectual property rights of us or any third party;
- c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- d) To perpetrate any fraud;
- e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- f) To publish or distribute any obscene or defamatory material;
- g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
- h) To unlawfully gather information about others.
- PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
- REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
- b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify Bayberry Design. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so.
- SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
- SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
- TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
- NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, errorfree, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
- a) Collected personal data, processed personal data and data collection In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:
Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is is collected;
Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions;
Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected;
Storage of personal data limited in time personal data are stored for a limited period, of which you are informed;
Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data
In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and 7 processing of personal data will respect at least of one the following:
You have given your consent to the processing of your personal data;
Processing is necessary for compliance with a legal obligation;
Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.
Our Website collects the following personal data:
We collect personal information from you only if you voluntarily give it to us. The information we collect includes your name, email address, postal address, and credit card numbers when you place an order, save your information with us, or when you participate in a sweepstakes or promotion. BAYBERRY DESIGN may use your personal information collected online to process and fulfill an order. BAYBERRY DESIGN also collects email addresses at various locations within the Site including when you order from the Site so that we may send you any necessary email messages related to your order. We may contact you with marketing and promotional materials and other information that may be of interest to you. If at any time you decide that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of BAYBERRY DESIGN'S communications, or contact us at email@example.com. We also maintain a record of your product interests, purchases and other information that might enable us to enhance and personalize your shopping experience.
This personal data is collected when you perform one the following actions:
Registration to the website Email addresses and other personally identifiable information, such as first and last name, home or other physical address, telephone number, and other such information are collected only when voluntarily provided by a visitor to the Site.
By Browsing. As you browse the Site, it collects log file, Internet protocol (IP) addresses of your computer, “cookies”1 (described below), web beacons, and other standard tracking data BAYBERRY DESIGN uses to evaluate Site traffic and usage patterns. Such information is aggregated with tracking data from all Site visitors.
By Site Requirement. Some portions of the Site may require you to give BAYBERRY DESIGN personally identifiable information such as your name, address, email address, transaction information, and/or other information by which BAYBERRY DESIGN may contact you.
By User’s Voluntary Submission. If you communicate with BAYBERRY DESIGN by email, or otherwise complete 8 online forms, registrations, or surveys, any information provided in such communications may be collected as personal information.
In addition, when you purchase a product on the Website, you will be informed that the seller will retain a proof of the transaction including the order form and the invoice.
The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of: 5 Years, unless you ask for the deletion of your personal data before the expiry of this period.
If personal data is stored, you will be informed of the period during which you personal data will be kept, and if that period may not specified, we will inform you of the criteria used to determine it.
Collection and data processing achieve the following purpose:
BAYBERRY DESIGN may store certain information on your computer in the form of a “cookie” or similar file. These files enable us to tailor the Site to reflect your listed or historical preferences. Most web browsers allow web users to exercise control over such files on their computers by erasing them, blocking them, or notifying the user when such a file is stored. Please refer to your browser’s instructions to learn about these functions. Please note that if you disable or delete these files you may not have access to certain features and services that make your online experience more efficient and enjoyable. These and other technologies also allow delivery of advertising that directly relates to offers that may be of interest to you. If, however, you prefer not to receive relevant banner advertisements, you may opt out any time by emailing firstname.lastname@example.org.
BAYBERRY DESIGN uses other methods of automatic collection to determine information about visitors to the Site, including your computer’s Internet Protocol address, browser type, or the webpage you were visiting before you came to the Site, pages of the Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to provide better customer services, enhance our product offerings, and detect potential misuse or fraud.
Personal data may be transmitted to the following third parties:
With Whom Information is Shared At times, BAYBERRY DESIGN may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others:
Agents: BAYBERRY DESIGN may employ other businesses, certain services, and individuals to perform functions on BAYBERRY DESIGN'S behalf. A non-exhaustive list of examples includes fulfilling orders, sending e-mail, removing repetitive information from customer lists, Site analysis, analyzing data, providing marketing assistance, processing payments, and providing customer service.
Aggregate Information: BAYBERRY DESIGN may share aggregate information such as demographics and Site usage statistics to other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.
Third-Party Traffic Measurement Services: The Site may use a third party to conduct traffic measurement services to analyze the traffic on the Site. Audience and traffic measurement services allow BAYBERRY DESIGN to collect anonymous traffic and behavior information from the Site by monitoring anonymous visitor activity. The traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser. Other companies’ use of their cookies is subject to their own privacy policies, not this one.
BAYBERRY DESIGN Affiliates: BAYBERRY DESIGN may share your information (including, without limitation, personally identifiable information) with affiliates of BAYBERRY DESIGN
Business Transfers: The Site, BAYBERRY DESIGN and/or an affiliate or division of BAYBERRY DESIGN may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, which BAYBERRY DESIGN has gathered, may be one of the business assets BAYBERRY DESIGN transfers.
Legal Process: In the event BAYBERRY DESIGN is required to respond to subpoenas, court orders, or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order, or legal process, which may be without notice to you.
- b) Data Hosting
The Website is hosted by:
Shopify - Headquartered in Toronto, Ontario, Canada.
The host may be contacted at the following phone number: 1 (855) 816-3857
Personal data collected and processed by the Website are hosted and processed in Canada. This transfer of personal outside of the European Union is justified by the fact that this is where our headquarters or principal address is located.
- c) Controller The controller is: Shopify
- d) Data Protection Officer is: Shopify
- e) Personal data of minors
In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to processing of their personal data.
If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed.
1f) Rights and procedures for the implementation of your rights
In accordance with the regulation regarding the processing of personal data, you have the rights listed below.
In order for the controller to grant your request, you have to provide your full name, your email address and, if relevant, your personal account number.
The controller shall answer you within thirty (30) days.
Rights of access, right of rectification and right to erasure
You may look up, update or modify you personal data, as well as request its deletion by following the procedure below: email administrator: email@example.com If you have a personal account, you may request the deletion of your personal account by following the procedure below: contact firstname.lastname@example.org
- Right to data portability
You may request the portability of your personal data held by the Website and have those data transmitted to another website by following the procedure below: contact administrator email@example.com
III. Right to restriction of processing and right to object
You may request to restrict processing of your personal data and you may object to processing of your personal data and the Website may not deny such request without compelling legitimate grounds.
- g) Obligations of the controller
The controller undertakes to protect collected personal data, to not transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected.
The Website uses an SSL certificate to guarantee that information transfers transiting through the Website are secured.
In addition, the collector undertakes to notify you before the rectification or erasure of any of your personal data, unless this requires disproportionate efforts.
In the event that the integrity and confidentiality of your personal data is compromised, the controller undertakes to inform you by any means.
Your consent is valid for a maximum period of thirteen (13) months. After expiry of this period, the Website will ask you again for your consent to save cookies on your computer
- c) Description of cookies used by the Website
The following cookies are used when you browse our website:
visitor - information: to store data that is commonly and readily available from a site visitors browser on page load
register - user: contains all information on user that's logged in to help provide a more robust user experience.
unregister - user: collect information that the user willingly provides as they navigate through the site
By using our Website, the following cookies from third parties may be saved on your computer:
In addition, the Website embeds social networks links that allow you to share your activity on the Website. Cookies from these social networks therefore may be saved on your computer.
These websites have privacy policies and terms and conditions that may differ from these Terms and Conditions. For more information, visit the terms and conditions and these websites.
- LIMITATION ON LIABILITY We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Bayberry Design. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Bayberry Design. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.