Terms & Conditions

1.Agreement to Terms

By using the Fancyplant’s Yarns website you agree to the following terms and will be held accountable to them, and protected by them, in the case of any conflict related to your use of the Fancyplant’s Yarns website (hereafter referred to as “the Site”), information, and products. Please read the Terms and Conditions carefully and DO NOT continue using the Site if you take issue with any of these Terms or Conditions.

 

2.User Agreement

Use of the Site is understood as your implicit declaration that: (1) you will comply with these Terms and Conditions and are not prevented from doing so by any prior legal limitations; (2) you are of the legal age of majority as defined by your local government; (3) you will not access or use the Site through any non-human means including but not limited to: a bot, script, or other means; (4) you will not use the Site or its products for any illegal or unauthorized purposes; and (5) your use of the Site does not violate any law or regulation to the best of your knowledge.

Providing any personal information that is false, inaccurate, incomplete, or out-dated may result in the suspension or termination of your account (if applicable), and you may be denied future access to the Site and its information or goods. Failure to update personal information in a timely manner may likewise result in the suspension or termination of your account, and any current or future orders made by you may be cancelled, at the sole discretion of Fancyplant’s Yarns.

 

3.Intellectual Property Rights

Unless otherwise specified, all intellectual property and saleable items on the Site are the sole property of Esther Plant, owner and sole proprietor of Fancyplant’s Yarns, and may not be copied, reproduced, republished, uploaded, encoded, transmitted, distributed, sold, or otherwise exploited for any commercial purpose whatsoever, without prior written permission. In no way may you, or anyone acting on your behalf, claim or imply ownership or creatorship of these properties.

You are granted limited permission to access and use the Site and to download or print any portion of the content made available to you for your personal use only. Any abuse, manipulation, reproduction or otherwise misuse of the content on the Site will be seen as a breach of contract and your right to use the Site will be revoked.

 

4.Products

Every effort is made to provide accurate details and specifications of the products sold by Fancyplant’s Yarns, however there are no guarantees the provided information will always be a flawless representation of the products. Possible errors include, but are not limited to: colour accuracy or availability; features or specifications that have been altered or adapted at the sole discretion of Esther Plant as the creator and seller; product availability; product pricing; and care instructions.

The Care Instructions provided for each item are developed based on the materials used (as described by the manufacturer(s) of the raw materials), as well as the type of product, method of its creation, and its intended use. This is not a guarantee of the infallibility of the provided Care Instructions, and any misinterpretation or misapplication of the instructions by the user must be understood as a reasonable risk of use.

You, the consumer, hereby acknowledge and accept the limitations of conveying true colour and appearance in product images and colour swatch options, due to the inherent variability of electronic capture and/or display of items.

Any and all products may be discontinued at any time, and for any reason. In the unlikely circumstance that this affects any previously completed purchases, a full refund of the unfulfilled order (or portion of order) will be granted.

 

5.Commissions

As with all orders, the final payment for a commission is required before the order is delivered or shipped. Commissions are subject to the same Terms and Conditions as all other orders unless otherwise stated.

Deposit payment is expected before item production begins. Please be aware: any delay in paying the Deposit will affect the completion time and delivery date. If delay in payment is significant enough (at the sole discretion of Fancyplant's Yarns), expect Rush Order charges to be added to Final Payment required.

The Quoted Price on a commission assumes no more than a small number of simple changes are requested to the initial Commission Request after the Deposit is paid. More drastic changes will require renegotiation of Price Quote. Order cancellation may be discussed (by either party) if no agreement can be reached during renegotiations.

The Final Payment may also be adjusted if production time is significantly less than initially expected. This is to ensure the total cost to you, the buyer, is an accurate reflection of the labour required. With the exception of significant changes being made to the initial order after production begins, the Final Payment will not exceed the Quoted Price. This ensures you will not be unfairly penalized for any delays or complications that are outside of your control.

6.Privacy Policy and Use of Sensitive Information

All personal information you provide is processed through the Site host, Wix.com Ltd., and may also be shared with other Third-Party websites or apps for the express purpose of providing the goods and services available on the Site. This may include sensitive information such as: name, email address, shipping address, banking information, and any other information you provide. Your privacy is important and as such the information you provide is only collected, stored, shared, or used by Fancyplant’s Yarns as is reasonably necessary for the operation of Fancyplant’s Yarns. Fancyplant’s Yarns will never sell your private information, either now or in the future.

The use and storage of your information by Third-Party websites or apps will be subject to the terms and conditions of said Third-Party, and will no longer be subject to, or protected by, the Terms and Conditions of the Fancyplant’s Yarns website.

Cookies may be used to track activity on the Site in order to understand the traffic and public use of the Site, the ease of Site navigation, the popularity of different items, and any other analytics relevant to the operation of the Site and the business of Fancyplant’s Yarns.

Upon request, a copy of your personal data file may be sent to you. This data may also be deleted, upon request, with the exception of non-identifying data, any data that is required by law or regulation to be obtained, and any data that has been transferred to a Third-Party, as described above. Deleting your account from the Site will not remove the data that has been collected; if you wish for this data to be deleted, you must request the deletion of your data file.

 

7.Purchases and Payment

Online payments are processed through Third-Party banking services and are subject to the terms and conditions of those Third-Parties. Currently, the available payment options are Apple Pay, PayPal, Wix Payments, and the Credit/Debit Card options listed below. 

All payments must be made in the Canadian Dollar.

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Accepted Credit and Debit Cards:

-  Visa

-  MasterCard

-  American Express

-  Discover

-  China Union Pay

-  Diners

-  Cartes Bancaires

-  Electron

-  Maestro

-  JCB

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8.Order Cancellation

Orders maybe cancelled within the first 24 hours after they are placed. Any cancellations after this period must be requested by email and include your Order Number and reason for requesting cancellation. At the sole discretion of Fancyplant’s Yarns, any cancellations requested after the 24 hour grace period may be denied.

Fancyplant’s Yarns reserves the right to cancel any orders that appear to be placed by distributors, resellers, or any other persons or entities deemed to be breeching (or intending to breech) these Terms and Conditions at the sole discretion of Fancyplant’s Yarns.

 

9.Local Pickup Terms

When a Local Pickup is arranged, it is the responsibility of the buyer to arrive at the prearranged Pickup location on time, with their Order Number ready. If you are unable to meet at the arranged time and location, it is your responsibility to promptly contact Fancyplant’s Yarns and arrange a new meeting time. Fancyplant’s Yarns will attempt to contact you if the arranged hour passes without hearing from you. If no response is received within 48 hours, the order will be cancelled. Pickup may be rescheduled twice before the order will be considered Undeliverable and therefore cancelled.

 

You may arrange for someone to Pickup your order in your stead; however they will be required to have the correct Order Number with them at the time of Pickup. Possession of the correct Order Number will be considered proof of purchase. It is your responsibility to keep your Order Number secure.

 

10.Return Policy

In the event of extraordinary circumstances, if a defect is found in your purchase, you may contact Fancyplant’s Yarns with your order details and a description of the issue. All product complaints will be resolved at the discretion of Fancyplant’s Yarns.

 

11.Prohibited Activities

You may not access or use the Site or its products for any purpose other than that for which they are intended. All forms of malicious activity and intent are prohibited, regardless of whether they are specifically addressed in these Terms and Conditions.

In particular you may not:

• Use the Site for any commercial purposes, unless specific consent is granted in writing, by Esther Plant, owner and sole proprietor of Fancyplant’s Yarns.

• Resell for profit any purchase made from Fancyplant’s Yarns, or pass off as your own work or creation any product, information, or property of Fancyplant’s Yarns.

• Misuse the support services provided by Fancyplant’s Yarns, or submit false claims of abuse or misconduct.

• Use the Site, information, intellectual property, or products of Fancyplant’s Yarns for any unseemly behaviour including (but not limited to): illegal activity; hate crimes; acts of violence; or any other action intended to harm, trick, defraud, or defame any persons or entities, regardless of affiliation.

Fancyplant’s Yarns is not responsible for policing such misuse and any action or behaviour that violates these terms will be considered a breach of contract, and the perpetrator will be at the mercy of the regulatory law enforcement that holds jurisdiction.

Fancyplant’s Yarns reserves the right to deny access to the Site and its services to anyone without notice, for any reason and at any time.

 

12.Guidelines for Product or Service Reviews

All reviews posted to the Site must adhere to the following criteria: (1) the reviewer must have personal experience with the product or service being reviewed; (2) reviews may not contain offensive or abusive language or implications; (3) reviews may not malign any persons or entities, regardless of affiliation, as outlined in Section 10, “Prohibited Activities”; (4) reviews may not contain references to illegal or offensive activity; (5) the reviewer must not be affiliated in any way with competitors if posting a negative review; (6) reviews must be truthful and contain only the direct experience of the reviewer; (7) the review must be based on fact and not contain any suppositions or assumptions about the views or actions of Fancyplant’s Yarns or any other persons; (8) you may not influence others to post reviews they are not otherwise inclined to make, regardless of the intent (positive or negative) behind such influence.

The suitability of any and all reviews is subject to the discernment of Fancyplant’s Yarns and reviews may be rejected or removed at any time and for any reason without warning or consent. By posting a review you grant permission for your review and the name under which it is posted to be shared, saved or otherwise used for the promotion and operation of Fancyplant’s Yarns. In addition, you grant permission for the editing or modification of your review in order to comply with the review criteria detailed above.

 

13.Site Management

Fancyplant’s Yarns reserves the right, but not the obligation, to: (1) search out and identify any violations of these Terms and Conditions; (2) take appropriate legal action against anyone who appears to violate these Terms and Conditions; (3) refuse service to anyone for any reason or at any time, and likewise to remove any reviews, block any IP address, or otherwise limit the access or influence of any persons over the Fancyplant’s Yarns website or reputation; (4) otherwise operate and manage the Fancyplant’s Yarns Site and business in such a way as to protect the rights, property, and reputation of Fancyplant’s Yarns and its ownership, and to aid the proper and effective functioning of the Fancyplant’s Yarns Site and business.

 

14.Governing Law

Fancyplant’s Yarns is physically located in Canada and as such the Terms and Conditions shall be governed and defined by the legal system of Canada. Use of the Site implies your irrevocable consent to be governed exclusively by the courts of Canada in the resolution of any disputes which may arise in relation to these Terms and Conditions. I, Esther Plant, as owner and sole proprietor of Fancyplant’s Yarns, hereby also consent to the governance of Canadian law in any and all such disputes.

 

15.Disclaimer

Use of the Site is subject to the usual risks of online shopping and I, Esther Plant, operating as Fancyplant’s Yarns, disclaim any and all liability, as is legally permissible to disclaim, in connection with your use of the Site and the purchase and use of its products.

It is your responsibility to maintain best practices when using the Site and when communicating with or purchasing from Fancyplant’s Yarns.

 

16.Contact Information

If you wish to file a complaint regarding the Fancyplant’s Yarns website, or to receive additional information regarding these Terms and Conditions, please contact:

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Fancyplant’s Yarns

7418 Westpointe Drive

Grande Prairie, Alberta T8W 0C4

Canada

fancyplantsyarns@gmail.com