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Legal Notice

LEGAL NOTICE

RUNNING WITH SCISSORS STUDIO 2009

1. OUR AGREEMENT

1.1 Acceptance of Terms

These terms and conditions (the "Terms") will apply when you access the website available at [www.rwsss.com] (the "Website") or place an order to purchase any of the products available on the Website. Any reference in these Terms to "Running with Scissors Studio"/"we"/"us"/"our" is a reference to Running with Scissors Studio located at [3375 Quadra Street, Victoria B.C. V8X 1G8, Canada] and any reference to "you"/"your" means you, the user of the Website.

Please read these Terms carefully before using the Website and placing your order. By accessing any part of the Website or ordering products from Running with Scissors Studio, you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference. You can click here to print or download a copy.

We will file a copy of any orders made by you.

1.2 The ordering process

Your order constitutes an offer to us to buy the products available on the Website. All orders are subject to availability and to acceptance by us. We will send you an email acknowledging receipt of your order. Please note that this email does not constitute acceptance by us. The contract between us for the purchase of the products (the "Agreement") is formed when we accept your order by sending you a confirmation email. We reserve the right to refuse to accept an order.

2. YOUR USE OF THE WEBSITE

2.1 Registration, passwords and security

2.1.1 You have the option to open an account via the Website through which you can place orders. On registration of an online account, you will select a password and user name that you can use to access your online account.

2.1.2 You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is because of our negligence.

2.1.3 You agree to notify us immediately by email to info@rwsss.com or by phone on 1.888.397.7977 if you become aware of or suspect any unauthorized use of your password or user name.

2.2 Your promises to us

You confirm that:

2.2.1 All information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details and

2.2.2 You will comply with the restrictions on your use of the Website as set out in these Terms.

2.3 User conduct

You agree that in using the Website you will not:

2.3.1 use the Website for any unlawful purpose;

2.3.2 use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;

2.3.3 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures; or

2.3.4 use the Website for any purpose other than your personal use.

2.4 Blogging

2.4.1 You agree that in using the Running With Scissors Studio Blog section of the Website you will not:

2.4.1.1 post any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;

2.4.1.2 advertise or promote third party or your own products or services; or

2.4.1.3 transfer files that contain viruses, trojans or other harmful programs.

2.4.2 You confirm that in relation to any material posted on the Website by you, that you have the right to do so and have obtained all necessary licences and or approvals.

2.4.3 You acknowledge that we have limited control over the nature and content of information posted on the blog area by you or other users of the Website. You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

2.5 We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of these restrictions. This shall not limit our right to take any other action against you that we consider appropriate.

2.6 Rights granted and rights reserved

2.6.1 Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text) or the intellectual property of third parties in the Website and its contents.

2.6.2 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

2.6.3 Any use other than that permitted under this clause may only be undertaken with our prior express authorization.

2.6.4 By submitting information, text, photos, graphics or other content to us via the Website, you grant us a right to use such materials at our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.

3. PRODUCTS

3.1 Prices and payment

3.1.1 The price of a product shall be as stated on the Website at the time you place your order, except in the case of an obvious error. We try and ensure that all prices on the Website are accurate but errors may occur. If we discover an error in the price of a product you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the product, you will receive a full refund.

3.1.2 Prices shown are exclusive of all taxes and/or duties.

3.1.3 We accept payment by credit cards and money orders.

3.1.4 Payment will be debited from your account as soon as you place your order.

3.1.5 You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

3.1.6 We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

3.2 Delivery and ownership

3.2.1 Products will be dispatched using the mail system Canada Post or by courier if a special request is issued. All courier charges will be borne by the purchaser.

3.2.2 Prices shown on the website do not include delivery.

3.2.3 We shall endeavour to dispatch the product to you as soon as possible after you place your order and in any event within 4 days for ready made products beginning on the day after you place your order. If we are unable to dispatch the product within that time we will email to let you know and to give you an estimated delivery date.

3.2.4 As soon as the product is delivered to you, you are responsible for it.

3.2.5 We want you to be happy with your purchase from us. If you are unhappy with the product in any way please contact our Customer Service Team at info@rwsss.com as soon as possible.

3.3 Cancellation, returns and refunds

3.4 Returns Guarantee

3.4.1 If for any reason you are unhappy with your products, you have the right to return them and receive a full store credit refund provided:

3.4.1.1 the products are returned to 3375 Quadra Street, Victoria B.C. V8X 1G8 within 30 days of your order being delivered to you; are accompanied by the return # issued by Running with Scissors Studio ; and

3.4.1.2 the products are returned in their original condition in the original packaging, the goods have not been damaged or altered and are resaleable as new.

3.4.2 We will provide you, the original purchaser, with a full store credit refund within 30 days of us receiving the products in accordance with paragraph 3.4.1. We will then send you an email confirming that this credit has been issued.

3.4.3 Running with Scissors Studio is under no obligation to accept returns and provide refunds for products that do not comply with paragraph 3.4.1 (notwithstanding your statutory rights set out below). Products that are not accepted by us will be returned to you.

3.5 Return of faulty products

3.5.1 If a product is faulty, please contact us as soon as possible at www.rwsss.com or 1-888-397-7977 and we will provide you with a replacement product or alternatively refund the purchase price in a store credit.

We recommend that returned products are sent via an insured, traceable delivery service.

3.6 Statutory Rights

3.6.1 In addition to your Return Guarantee, set out in paragraph 3.4 above, you have a statutory right to cancel your order and receive a refund provided you notify us in writing that you are exercising this right of cancellation no later than 24 hours from when you placed your original order. The written cancellation notice should be sent to the following email info@rwsss.com

3.6.2 We will provide you with a full refund (including delivery costs) within 30 days of receiving your notice of cancellation.

3.6.3 Please note that if you repeatedly cancel orders, we reserve the right to ban you from using the Website in the future.

4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

4.1 You have certain statutory rights, including that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.

4.2 If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement.

4.3 We are not responsible for:

  • indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
  • any content posted on the Website by third parties; or
  • failure to provide the products or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control.

"Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the product or fulfilling any of our other obligations under this Agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

4.4 Our total liability to you for any loss or damage arising in connection with this Agreement shall be limited to the purchase price of your order.

5. GENERAL

5.1 We reserve the right to change or update these Terms from time to time.

5.2 The Terms are only available in the English language

5.3 This agreement is personal to you. You may not transfer your rights or obligations under this Agreement to anyone else.

5.4 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

5.5 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

5.6 We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us you must do so within Canada.

6. PERSONAL DATA AND PRIVACY

We will only collect and use your personal data in accordance with our Privacy Policy.