Terms and Conditions
TERMS OF SALE
Updated: February 7, 2025
These Terms of Sale (this “Agreement”) apply to all orders, purchases and use of All Things Cedar products (each a “Product”) manufactured by or for All Things Cedar Inc. (“All Things Cedar”) via www.allthingscedar.com or such other websites made available by All Things Cedar and its affiliates from time to time (collectively, the “Site”). In this Agreement, the buyer of any Product via the Site is referred to as “you”; accordingly, if the individual making the purchase is doing so on behalf of a corporation or other legal entity, they represent and warrant having the authority to do so and to bind such entity to this Agreement.
This Agreement contains important terms that, among other things, affect All Things Cedar’s liability and your legal remedies against All Things Cedar, including a mandatory arbitration agreement. Please read this Agreement carefully, BEFORE you complete a transaction to purchase a Product on the Site. By completing a transaction to purchase a Product on the Site, you agree to be bound by this entire Agreement including the warranty disclaimers, limitations of liability and methods of resolving disputes.
1. Orders, Price and Payment
a. Price and Order. The total price for the Product(s) you are purchasing will be stated on the confirmation notice displayed at the last step of the ordering transaction before you confirm your purchase, and, upon your acceptance of the confirmation notice as well as all of the terms and conditions of this Agreement, the notice becomes your “Order”, an offer to us to purchase such Product(s) on the terms set out therein and this Agreement.
b. Availability. All Orders are subject to availability. When placing your Order, the confirmation notice will display whether the Product is in-stock (an “In-Stock Product”), out-of-stock (an “Out-Of-Stock Product”), and may provide an estimated delivery time frame. While we make every effort to ensure that the actual availability of a product is reflected on our website, if any Product turns out to be unavailable after you place an Order, we will inform you as soon as possible by email and will not charge you for that Order. Your Order is not confirmed until we provide you with delivery information.
c. Acceptance. Orders submitted by you are not binding upon All Things Cedar until the Order is confirmed by All Things Cedar. All Things Cedar will issue an order confirmation and purchase invoice (an “Invoice”) to you by email, which will constitute All Things Cedar’s acceptance of your Order.
d. Merchant. All Things Cedar may appoint a merchant of record (the “Merchant”), as indicated in your confirmation notice, as the merchant of record for the transaction. In such a case, the Merchant will accept payment, handle Orders, and handle shipments for and behalf of All Things Cedar. Accordingly, your point of contact for dealing with Orders may be the Merchant and not All Things Cedar directly; check your Invoice for more details.
e. Payment. Payment for all Orders must be received by All Things Cedar before All Things Cedar is legally obligated to fulfill any Order previously accepted under an Invoice. The payment method you use will be charged when you place your Order, and you agree that by providing your payment information, All Things Cedar is authorized to immediately invoice your account for all fees and charges due and payable to All Things Cedar hereunder and that no additional notice or consent is required.
f. Subject to All Things Cedar Cancellation. All Things Cedar reserves the right to decline your Order, or to cancel an accepted Order after an Invoice, at any time, including, without limitation, in the event there is an error, typographical error, inaccuracy or omission to the price of any of All Things Cedar’s Products or Product descriptions, promotions, offers or availability. Prices, specifications and configurations are subject to change without notice. All Things Cedar reserves the right at any time in All Things Cedar’s sole and absolute discretion and without notice to correct any errors, inaccuracies or omissions to the information on the Site.
Although All Things Cedar makes reasonable efforts to ensure that the Site is current and contains no errors or inaccuracies, All Things Cedar makes no representations, warranties, conditions, or guarantees that the information, content or materials included in the Site will be error-free or completely accurate or current at all times, or at any time.
g. Taxes, Duties and Extra Charges. Prices advertised on the Site may not include shipping and handling charges or applicable country/region-specific sales, goods or services taxes, which may be added to the price you pay. Calculation of taxes and shipping charges occurs before your Order is submitted and charged to your credit card as part of the total order amount. You are also responsible for any customs duties or other similar fees applicable to your Order.
h. Currency. All pricing will be noted on your Order and on the Invoice in the appropriate country- or region-specific currency as indicated thereupon. Depending on that currency, your credit card company may apply a conversion rate and additional fees that are outside of All Things Cedar’s control. Furthermore, if for any reason pursuant to this Agreement you become entitled to a refund, that refund may be converted by your financial institution at a different rate meaning that it may be lesser than, or greater than, the actual amount charged to you by your financial institution, as the case may be.
i. Privacy. All Things Cedar collects, uses and discloses your personal information to fulfill your orders and to otherwise manage its relationship with you. By visiting the Site and making a purchase, you consent to the collection, use and disclosure of your information in accordance with our Privacy Policy.
2. Changes to Orders
a. Changes. You may request a change to your Order under any Invoice, provided that the Product has not been shipped by the time of your request, by contacting All Things Cedar at support@allthingscedar.com. Please note that any such changes may delay other items of your Order or may delay your Order entirely. Changes to existing Orders are treated as a new Order, subject to acceptance and other procedures generally described in Section 1. You will be responsible for any additional charges resulting from any accepted changes to your Order, and if an accepted change would entitle you to a refund, All Things Cedar will process such refund within 7 business days of the acceptance of the change.
3. Returns and Refunds
a. Return Policy. All Things Cedar offers a limited 30-day return period for the Products (the “Return Policy”). Please refer to our refund policy at: https://allthingscedar.com/policies/refund-policy. Proof of purchase required.
4. Shipping
a. Products. Products will generally be shipped to you within the estimated shipping time period indicated at the time of the Order. All Things Cedar does not guarantee shipping times and you acknowledge and agree that any shipping timeframes or dates provided by All Things Cedar are estimates only and subject to change.
b. Priority. All Products will be shipped in the order in which Invoices have been issued to All Things Cedar’s customers, including you.
c. Receipt. The date of shipping does not guarantee the date of receipt; the actual delivery date to you will depend on the shipping method selected and available to you during your Order.
5. Delivery
a. General. All Things Cedar will arrange to deliver the Products in your Order to the address you provided in your Order, as noted on the Invoice. Title to the Products and risk of loss passes to you upon delivery of the Products at your chosen shipping address.
b. Delivery Procedure. All Things Cedar’s carriers will complete delivery of the Product to you at the address you specify in your Order.
c. Investigations. All Things Cedar reserves the right to investigate (or to retain a third party to investigate) any claims or returns on the basis of incorrect delivery procedure and false information. In the unlikely event that your Order arrives with visible damage to the exterior packaging, you may either take delivery or refuse the shipment.
d. Errors and Damages. You must examine the Product after you receive it. If an Order or shipping error has occurred, or if your Product is damaged (except for latent damage not readily apparent) you must notify All Things Cedar of the particulars as soon as possible, but in any event within 30 days of purchase (the “Inspection Period”). For further details, please see information about our warranty and damage procedures at https://allthingscedar.com/policies/refund-policy.
Any claims made after the Inspection Period will not be honoured and the Product shipped and delivered to you will be deemed to have been delivered and accepted by you, and All Things Cedar will not consider any claim for damaged or missing Products outside of this time period.
e. Return Procedure. If your Product was received in error, or in damaged condition or other than in apparent good order, please contact All Things Cedar immediately at support@allthingscedar.com.
6. Disclaimer
EXCEPT AS SET OUT IN THE RETURN POLICY AND AS PERMITTED BY APPLICABLE LAW, ALL THINGS CEDAR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WHERE IMPLIED WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY.
THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Release, Waiver and Limitation of Liability
a. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ALL THINGS CEDAR, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND DISTRIBUTORS (COLLECTIVELY, “ALL THINGS CEDAR” IN THIS SECTION 7) WILL IN NO WAY BE LIABLE TO YOU FOR ANY GENERAL, PECUNIARY, NON-PECUNIARY, INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, LOSS OF OPPORTUNITY, AND DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS) ARISING FROM OR IN CONNECTION WITH THE ASSEMBLY OR USE OF THE PRODUCT, EVEN IF SUCH PERSON/ENTITIES IS/ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
b. WHERE PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE AND RELEASE ALL THINGS CEDAR OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, WHICH YOU OR YOUR NEXT OF KIN MAY SUFFER RESULTING FROM YOUR USE OF THE PRODUCT DUE TO ANY CAUSE WHATSOEVER, INCLUDING BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE BY ALL THINGS CEDAR.
c. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALL THINGS CEDAR’S LIABILITY UNDER THIS AGREEMENT TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT YOU PURCHASED OR THE COST OF REPLACING THE PRODUCT, WHICHEVER IS GREATER.
d. THE LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 7(a), 7(b) AND 7(c) ABOVE ARE INTENDED TO APPLY AND DO APPLY TO ANY DAMAGES, LOSSES, OR LIABILITY OF ANY TYPE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF ALL THINGS CEDAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
e. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 7 APPLY TO THE FULL EXTENT THEY ARE NOT PROHIBITED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Binding Effect
a. Equivalency. This electronic Agreement and any other materials incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
b. Enurement. These terms and conditions and the rights and duties herein will be binding on and enure to the benefit of you and All Things Cedar and their successors and permitted assigns (including your heirs, executors and administrators).
c. Force Majeure. No All Things Cedar entity shall be responsible for a failure to fulfil any obligations pursuant this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of God, acts of government, war, riots, strikes and accidents in transportation.
9. Entire Agreement
a. Entire Agreement. This Agreement, together with the Invoice, the Limited Warranty and any other materials expressly referred to herein, constitutes the complete and exclusive statement of all of the terms, conditions, representations and warranties between you and All Things Cedar with respect to the purchase and sale of any Product offered by All Things Cedar, and supersedes and replaces all other oral and written communications between the parties or otherwise relating to the subject matter of this Agreement.
b. Amendments. Except as set forth in Section 13, this Agreement will not be and is incapable of being amended or varied, verbally or in writing, unless any such amendment or variation is in writing and signed by both you and a senior officer of All Things Cedar in an instrument that expressly refers to this Agreement.
c. No Implicit Waivers or Novations. The failure by All Things Cedar to insist on strict compliance with any provision of this Agreement will not be deemed to be a waiver of such provision, and a waiver of any provision of these terms and conditions at any one time or times will not be deemed to be a waiver for any other time. The failure of All Things Cedar to assert its rights in a timely fashion for any of its rights or remedies under these terms and conditions will not be interpreted as a novation or a waiver of any subsequent or continuing breach and will not serve to modify, alter or restrict the right of All Things Cedar to assert any rights at any time thereafter.
10. Construction
a. Severability. Each provision of this Agreement, and part thereof, is declared to be separate, separable and distinct from all other provisions and parts thereof. If any provision or part thereof is determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable or unreasonable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any other promise or provision in this Agreement or any part thereof and the said court or other constituted legal authority will have the authority to limit such promise or provision as it deems proper.
b. Non-Application. The United Nations Convention on Contracts for the International Sale of Goods, and any implementing legislation will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
c. Third Party Rights. This Agreement is between you and All Things Cedar. Except as provided otherwise by applicable law, no other person shall have any rights or obligations pursuant to this Agreement, including the right to enforce any of its terms.
d. Linked sites. Within the Site, there may be links to external websites that are not under the control of All Things Cedar. Access to any other site linked to this Site is at your own risk. We assume no responsibility to you to choose to visit a third party website – we do not confirm the accuracy of their information, we do not assess the potential for contraventions to your local laws, nor do we endorse or evaluate for the appropriateness of comments, statements or views that you may encounter when visiting their website. Links to these sites do not imply endorsement of, or responsibility for any of the content, quality, nature or accuracy.
11. Dispute Resolution
a. Arbitration.
(i) All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration pursuant to the rules and procedures set out in the Alberta Arbitration Act (“AAA”), as amended, or successor legislation. The place of arbitration shall be Lethbridge, Alberta, Canada.
(ii) Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you.
(iii) The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
(iv) Notwithstanding the foregoing, All Things Cedar may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by All Things Cedar through injunctive relief and other equitable remedies without proof of monetary damages.
(v) If this Section 11 (a) is found to be unenforceable or if it does not apply to you, then the entirety of this Section 11 (a) will be null and void and, in that case, you hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of Alberta for resolution of any lawsuit or court proceeding permitted under this Agreement. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.
b. No Trial by Jury. You hereby waive all rights to a trial by jury with respect to any claims and issues relating to or arising out of this Agreement.
12. Governing Law.
This Agreement will be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada as if made and performed by and between parties situated in such province and without regard to the conflict of law rules that would apply a different body of law.
13. Updates and Supplementary Terms.
This Agreement may be updated or supplemented by All Things Cedar from time to time and you will be bound by the then-current version of the Agreement in place at the time you complete your purchase. For Products purchased in specific countries, unique terms may replace or modify this Agreement if so provided with the Product or posted at the Site. All terms that are not changed by these unique country terms (if any) remain unchanged and in effect. Please visit the Site to obtain the latest version of, or supplements or any country or jurisdiction-unique terms to, this Agreement.
14. How to Contact All Things Cedar
If you have any questions or comments regarding this Agreement, you may contact All Things Cedar by emailing us at support@allthingscedar.com
