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TERMS & CONDITIONS
All sales of Products and associated services are governed by these Terms. You will be required to indicate that You have read, understood and agree to these Terms immediately prior to finalizing any orders placed on our website.
AVAILABILITY OF PRODUCTS
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policies applicable to that Product. The inclusion of any products on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. We will endeavour to include a statement on the Website when we aware that a particular Product is out of stock, but we are under no obligation to do so. We reserve the right to notify you that Products for which you placed orders have become unavailable. In the event that you order a Product from the Website and we later inform you that we no longer stock the Product you had originally ordered: (a) we will not charge you for the Product that we have not supplied to you; (b) we will contact you to discuss whether we are able to provide you with a substitute Product; and (c) except as required by law (including the Canadian Consumer Law), we will not be liable to you for any resulting loss).
We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at Casa Suarez' sole discretion. We reserve the right to discontinue any Product at any time.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Products or the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made.
Products displayed on the Website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by You are offers to purchase particular Products in accordance with these Terms at the price specified.
To the extent permitted by law including the Canadian Consumer Law, We reserve the right to accept or reject Your offer for any reason (or no reason), including without limitation the unavailability of any Product, limitations on quantities available for purchase, an error in the price or Product description, problems identified by our credit department, or an error in Your order. 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, 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 judgment, appear to be placed by dealers, resellers or distributors. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, you must go through the normal returns process outlined below (see "Refund Policies").
PRICING; PAYMENT; GST
The prices displayed on the Casa Suarez.ca Website are quoted in Canadian Dollars and are valid and effective only in Canada if you are located in Canada. If you are located in any other country than Canada the prices displayed are quoted in U.S. Dollars. In certain cases, additional shipping and other charges may apply above what is quoted on the website, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Many of our products display the grain of the wood used, which will differ from tree to tree and from item to item.
Subject to these Terms, we will supply the Products shown on your order confirmation. When an order is placed, it will be delivered to the address designated by You as long as that delivery address is compliant with the delivery restrictions contained on this Website. Upon Your order being ready for delivery, Casa Suarez may email you a tracking number. We will use our reasonable endeavours to meet our stated timeframes for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to You.
In purchasing a Product you agree to accept delivery of the Product. If you are not able to accept delivery you must advise Casa Suarez before a delivery is attempted.
Any and all failed delivery attempts made by a courier on our 4-hour delivery schedule will be charged to the purchaser at full price. We will make reasonable attempts to contact You before delivery to ensure You are able to accept the Product.
All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Casa Suarez and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Casa Suarez, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Casa Suarez. The entire Content of the Casa Suarez.ca and Casa Suarez.com websites are copyrighted.
“Personal Information” is information that identifies you as an individual. Non-Personal Information, in contrast, is any information that does not reveal your specific identity. Our collection, use and disclosure of Non-Personal Information are addressed below under the heading “Non-Personal Information.”
We and our service providers may collect the following Personal Information:
Name Postal address (including billing and shipping addresses) Telephone number Email address Driver license number and Credit and debit card number. How We Use Personal Information We and our service providers may use Personal Information:
To respond to your inquiries and fulfill your requests, including to contact you if necessary;
To process and fulfill your order, for example by confirming your order and your billing and shipping information, processing your payments, delivering your products and communicating with you regarding your order;
To send to you important information regarding the Site, changes to our terms, conditions and policies and other administrative information;
To send to you information by email, postal mail, telephone and other means about our products, services, contests, sweepstakes and other promotions;
To help us improve the customer experience, including by learning more about your preferences to help personalize your experience with us;
To allow you to send messages to a friend through the Site (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and email address for such purpose);
To analyze trends and statistics in connection with our businesses and Internet properties;
To protect the security or integrity of our businesses and Internet properties; and As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or to limit the damages that we may sustain.
HOW PERSONAL INFORMATION IS DISCLOSED
To our third-party service providers, who provide services such as website hosting, data analysis, payment processing, order fulfillment, IT services and infrastructure, customer service, email delivery and administration, credit card processing, auditing and other similar services to enable them to provide services;
To our subsidiaries and affiliated entities (collectively, our “Affiliates”) for marketing and other purposes;
To third-party sponsors of contests, sweepstakes, and similar promotions;
To identify you to anyone to whom you send messages through the Site; By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (please note that any information and materials that you post or disclose through such services will become public information, and may be available to visitors to the Site and to the general public; we urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site);
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
NON-PERSONAL INFORMATION WE COLLECT
“Non-Personal Information” is any information that does not reveal your specific identity, such as:
Browser information Server log files Information collected through cookies, pixel tags and other technologies Demographic information and other non-personally identifiable information provided by you and Aggregated information.
HOW WE COLLECT NON-PERSONAL INFORMATION
We and our third-party service providers may collect Non-Personal Information in a variety of ways, including:
Through your browser: Certain information is collected by most browsers, such as your Media Access Control (“MAC”) address, computer type (Windows or Macintosh), screen resolution, and the type and version of your operating system and browser.
Through server log files: An Internet Protocol (“IP”) address is a number that is automatically assigned to a computer by an Internet Service Provider (“ISP”), and is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site.
Flash Local Stored Objects: We and our service providers may use a third-party technology, called Flash, in connection with the Site or our online content. Flash provides a facility, referred to as Local Stored Objects (“LSO”), that allows a website operator or online content provider (or their service providers) to store certain information locally on an individual’s computer; for example, Flash LSOs can be used to store information regarding an individual’s computer. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or our online content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some Site pages and HTML-formatted email messages to, among other things, render the Site pages to you on various hardware devices and operating system versions, track the actions of Site users and email recipients, measure the success of marketing campaigns and compile statistics about Site usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a Site visitor, and the IP address, browser type and operating system of such visitor’s computer.
From you: We and our service providers may collect demographic information such as your location, as well as other information, such as your preferred means of communication, your gender and your date of birth when you voluntarily provide this information to us or our service providers. You may also have the opportunity to provide us with information regarding major events such as weddings, childbirths and the purchase of a new home. We also maintain a record of your orders, purchases, exchanges, returns, wish lists and gift registries in connection with the Site or our businesses. Unless combined with Personal Information, this information does not personally identify you or any other customer or potential customer of our businesses.
By aggregating information: We and our service providers may aggregate Personal Information collected from our customers and potential customers, for example by using Personal Information to calculate the percentage of such individuals who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other customer or potential customer.
HOW WE USE AND DISCLOSE NON-PERSONAL INFORMATION
Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your zip code). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information while it is so combined.
THIRD PARTIES AND THIRD PARTY SITES
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer (“SSL”) technology for the placement of orders. Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please exercise caution in submitting Personal Information via the Site, especially if you are accessing the Site using a WiFi hotspot or public network. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised, or if you are unable to utilize our Site-related SSL technology), please immediately notify us of the problem and place any orders with us over the telephone or in person, instead of using the Site. You may contact us in such circumstances in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving promotional emails from us: If you no longer want to receive promotional emails (such as information about new products, special offers and sales events) from us on a going-forward basis, you may opt-out of receiving such communications by clicking the “opt-out” or “unsubscribe” link in any promotional email; or by contacting us in accordance with the “Contacting Us section below. When so contacting us, please be sure to include your full name and the email and/or postal address that you used when registering or making a purchase. We will seek to process your requests regarding promotional emails within 5 business days.
Our sharing of your Personal Information with Affiliates, Promotional Partners and other third parties for their marketing purposes: If you no longer want us to share your Personal Information on a going-forward basis with our Affiliates, Promotional Partners, and other third parties for their marketing purposes, you may opt-out of such sharing by contacting us in accordance with the “Contacting Us” section below. In so contacting us, please be sure to include your full name and the contact information that you no longer wish to be shared, and state specifically whether you wish to opt-out of such sharing with (a) Affiliates, (b) Promotional Partners and other third parties, or (c) both. We will seek to process your request within 90 days.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our Affiliates, Promotional Partners and other third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send important administrative messages to you, and you cannot opt-out from receiving such administrative messages. For example, when you place an order, we will continue to confirm your order and shipment status by email. We may also need to contact you via telephone, email or postal mail with information or questions regarding your order.
HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
We welcome your willingness to update your information with us. You may review or ask us to update your Personal Information by contacting us in accordance with the “Contacting Us” section below. In your request, please make clear what information you would like to have changed.
We will try to comply with your request as soon as reasonably practicable. We are not responsible for changing information in the databases of Affiliates, Promotional Partners and other third parties with whom we have already shared your Personal Information.
USE OF SITE BY MINORS
The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Site.
The Site is controlled and operated by us from Canada, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Canada.