Terms and Conditions
TERMS AND CONDITIONS
Acceptance of Terms
The public use of this website, sale of product and use of services are governed by the following Terms and Conditions. By using all or any part of the PeapodMats web site, you agree to and are bound by all the terms set forth. Please take a few minutes to review.
The price for the goods will be as stipulated on the website at the time when you place your order. We are entitled to make adjustments to the price with no notice to take account of any increase in our supplier's prices, the imposition of any new taxes or duties or in accordance with our pricing policy.
All our Visa and Mastercard transactions are processed by Shopify. Shopify is a Canadian commerce company headquartered in Ottawa, Ontario that develops computer software for online stores and retail point-of-sale systems and publicly traded on the NASDAQ under the symbol SHOP. Shopify meets all 6 categories of PCI standards which is the highest standards set forth by the Payment Card Industry Security Standards Council. You can learn more about PCI standards here https://www.pcisecuritystandards.org/ . Shopify uses industry leading encryption and security systems and are monitored 24/7. Credit card and order data is encrypted and secure with level 1 PCI compliant and use of 256-bit SSL certificates.
When you place an order, you will be signed up to our database. You can unsubscribe at any time on the newsletter footer, or by emailing us at email@example.com and having a subject line of: "Unsubscribe Please".
We do our best to maintain stock levels on all our products, but the possibility remains that you might order a product that is temporarily out of stock. The website will alert you if a product is out of stock but if this should fail or if inventory count is incorrect, we will contact you as soon as we become aware of the error. You will then have the option to cancel your order or wait until the item is back in stock.
We also do our best to accurately describe all products and provide you with as much pertinent information as possible, but descriptions and dimensions may contain errors and omissions. PeapodMats may correct information without prior notice, including changes to your current or standing order. It is the responsibility of the user of the website to check the Terms and Conditions periodically for changes of updates. With continued use of the PeapodMats website you automatically agree to the most recent and posted Terms and Conditions.
Terms and Conditions of Use
Proprietary Rights and Licences: All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trademarks, service marks, patents or other proprietary rights and laws.
We own or are licensed to use all intellectual property rights (including all copyrights, patents, trademarks, and trade secrets) in connection with and in all versions of the web site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
When you transmit or post any material to or on our web site or Facebook Page, you grant to us non-exclusive, worldwide, perpetual, royalty free licence under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.
All orders are processed in USD funds. PeapodMats is not responsible for any extra fees your credit card may charge above and beyond exchange rates.
All Canadian residents are subject to their provincial tax in which they reside; PST/GST/HST where applicable. All residents outside of Canada (both US and international) will have no taxation levied on their orders.
PeapodMats uses Amazon shipping, Canada Post, FedEX or UPS for all shipping. Your shipping costs will automatically be calculated when you check out and complete your transaction. We endeavour to ship all in-stock items will ship in 3-4 business days once your transaction is completed.
Orders with destinations within Canada will be delivered by Amazon Shipping and/or Canada Post and insured up to $100 and tracked**.
Retail: Flat rate = $0 ***some orders are subject to increased rates, based on location & size of order and a 'heavy goods' fee will be applied***
Wholesale: Subject to shipping rates calculated at time of purchase.
Continental United States: Orders with destinations within the United States will be delivered by Amazon Shipping and/or UPS and insured up to $100 and tracked**.
Retail: Flat rate = $0 ***some orders are subject to increased rates, based on location & size of order and a 'heavy goods' fee will be applied ***
Wholesale: Subject to shipping rates calculated at time of purchase.
International: Subject to shipping rates calculated at time of purchase.
Oversize items may require additional shipping charges. These items are identified individually within the website pages, or we may contact you prior to shipping to alert you should there be any supplemental charges.
Once your order is processed you will receive an automated email alerting you that your order will be shipped within 3-4 business days barring any unforeseen complications or issues. When the order is fulfilled, you will receive an automated email confirming that your purchased item is now on its way to the destination of your choice. Our site offers you the choice to ship to your own address or to an alternate mailing address.
Missing, Lost or Damaged Orders
If your order does not arrive, please contact us to investigate. If you have not contacted us within 1 month of your order date, we cannot offer any compensation or replacement stock. After an order has been delivered to the correct shipping address, we cannot be held responsible for lost or stolen packages.
Customs and Duty
International orders are often subject to local taxes, importation duties and brokerage fees not included in our prices and shipping. Please be informed of potential added costs due to locally applied and enforced governmental regulation and/or fees. PeapodMats is not responsible for any local tax, importing duty or brokerage fees levied against your order.
PeapodMats and POD-TEX are registered trademarks.
Limitation of Liability
To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.
You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed USD $1000 and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever, whether or not arising from any negligence on our part.
Advertisements and Promotions
We may use our web site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
We may provide or third parties may provide links or other web sites or resources. These are provided purely as a matter of convenience, and we do not endorse the contents of those web sites. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third-party web sites you do so at your own risk.
Disclaimer of Warranties: You agree that
- your use of the web site and our services is at your sole risk. The web site and services are provided on an as is and as available basis. We expressly disclaim all conditions of any kind, including but not limited to conditions of title, fitness for a particular purpose, satisfactory quality and non-infringement of proprietary or third party rights.
- to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the web site results in the need for servicing or replacing equipment or data, this will not be at our risk and expense.
- no advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions. Any advice and information on our site is our own opinion. It is intended for you to find and share answers, not to replace your health professionals’ advice.
If you have any questions about the above, please contact us.
You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).
You may view, use, download and store the material on this website for personal and research use only. Commercial use of the material on this website is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without our prior written consent is prohibited.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Accuracy of Information
The information in this website is given in good faith. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation and give no warranty as to its accuracy.
The information in this website is our thoughts and ideas and does not constitute any form of advice or recommendation.
- We do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
- Except as specifically stated on this website, to the fullest extent permitted at law, neither PeapodMats Bedding Ltd. nor any of its affiliates, directors, employees, or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials, or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, PeapodMats Bedding Ltd. does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of PeapodMats Bedding Ltd., its affiliates, directors, employees or other representatives.
- We will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or reliance on any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any errors in the content of this website or any communication from us regarding the same.
- These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
These terms and conditions (including the 'Privacy Statement') contain all the terms which you have agreed with us in relation to the use of the website.
Jurisdiction and acceptance of these terms and conditions
This website is controlled and operated by us from our offices in Canada. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by Canadian law. Canadian courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
Your continued use of this website indicates your acceptance of these terms and conditions.
TO THE FULLEST EXTENT PERMITTED AT LAW, PEAPODMATS BEDDING LTD. IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PEAPODMATS BEDDING LTD. LTD DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
Price and availability information is subject to change without notice.
These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).
Data and certain other information you provide is subject to the term of our Privacy Statement. If any of these terms and conditions are found to be invalid, then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services. These terms and conditions are subject to change at any time without prior notice to you. Any such change shall not affect any contract subsisting between us at the time of such change.
Company registration details
PeapodMats Bedding Ltd.
Registered in Canada number: 3676287
Registered: 18 June 2013
Registered Office: 1120 Finch Ave, Toronto, Ontario, Canada