Thank you for visiting shop.plumproject.com. Our terms and conditions were last updated in October 2009.
Privacy Policy
Our Privacy Policy is a part of these Terms. By agreeing to these Terms, you acknowledge that you have read and understood the terms of our Privacy Policy and that you agree with it. We will not be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Policy. To view our Privacy Policy, please click here.
Agreement to Terms and Conditions of Use
These Terms apply to your use of the Website. These Terms also apply to your purchase of Product sold on the Website. By using this Website, accessing information on this Website, ordering Product or accepting delivery of Product, it means that you have read, understood, and have agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between Plum Project Studio and you regarding your use of this Website. All prior or contemporaneous agreements, warranties and understandings regarding your use of this Website, or your purchase of Product, are specifically disclaimed and superseded by these Terms. If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then please do not use our Website. Your continued use of the Website means you have agreed to the Terms. You cannot use our Website and at the same time object to these Terms. Your use of our Website is at your sole risk.
Changes to the Terms
(a) We reserve the right to change these Terms at any time. Your continued use of our Website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. In the opening paragraph of these Terms you can find the date that the Terms were last changed. If you are not satisfied with our Website or these Terms, your only remedy is to stop using the Website.
(b)Access to this website and the use of information, materials, products or services provided through this website is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
Our Website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice. Corrections or updates may occur after you have submitted an order from our Website. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed at an incorrect price or with incorrect information, then at our sole discretion we reserve the right (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our Website. We apologize for any inconvenience that this may cause you.
Payment Options
We accept MasterCard, Visa, American Express, Paypal and shop.plumproject.com gift certificates.
Pricing
Prices on this web site are quoted in Canadian dollars. Shipping and sales taxes, if applicable, may be added to your total invoice price. You are responsible for the payment of any shipping charges and sales taxes that may apply to your order. International orders may be subject to import duties. You are responsible for the payment of any customs charges, duties and brokerage fees that may be levied, if applicable.
Sales, Discounts and Promotions
From time to time, Plum Project Studio Inc. may offer sales, discounts or promotions. These offers may not be combined with any other offers including, but not limited to combining free shipping offers with other sales, discount or promotion codes.
Personal Use of Website
(a) The material on our Website is intended only for personal, non-commercial use. This includes material such as the projects, patterns, designs, written instructions, images, photographs, text, and design of our Website as a whole.
(b) You are permitted to download or copy the materials on our Website for your personal use only. No right, title or interest in any material is transferred to you when you download or copy material from our Website. We retain all intellectual property rights in the material(s) that you download. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, license, publish, distribute, assign, sublicense, sell, or create a derivative work from, or make other use of, the content of this Website. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at this Website may be reproduced in any form.
(c) When you use our Website, you must not violate any law, statute, ordinance or regulation; seek to obtain sensitive or personally identifiable information from other users of the Website; or modify or alter any part of this Website.
(d) The posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, or profane material or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law is prohibited.
(e) You agree to comply with all applicable laws and regulations of Canada. You agree and represent to us that you are buying Product only for your own use and not for resale or export.
(f) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Website for any reason, at any time, without notice.
(g) Your order is subject to cancellation by Plum Project Studio, at their sole discretion. In an effort to protect the safety and privacy of children, we are unable to sell goods to anyone under the age of 18.
Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Third Party Hosting
The shop.plumproject.com website is hosted by Sum Effect Software, Inc. 144 SE Parkway Suite 260 Franklin, TN 37064 USA. The plumproject.com website is hosted by Priority Colo Inc. 151 Front Street West Toronto Canada.
Communications
When you visit shop.plumproject.com and plumproject.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Colours
Colours are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if colors of the products do not match their display on the Website.
In addition, Plum Project Studio assumes no responsibility for the numerous conditions to which the fabrics and other materials might be exposed. We cannot guarantee against wear, abrasion, and color fading, nor against contact with any liquid, shrinking, pilling, stretching, wrinkling, staining, discolouration, damage by pets, children or pests or the effects or applications of treatment, cleaning, etc. The furnishing of any care or cleaning instructions is not intended nor does it create any warranties, express or implied, on the part of Plum Project Studio.
Disclaimer of Warranties and Limitation of Liability
(A)Our website is operated on an "as is", "as available" basis. Plum Project Studio makes no representations or warranties of any kind, whether express or implied as to the operation of our website and the information, content, materials and products included on our website, including, but not limited to implied warranties of fitness for a particular purpose.
(B) We shall not be liable to you or any other person or entity for any loss, claim or damages of any kind, that (1) results from product not being available for use. (2) results from your use of or inability to use the website or any website with which it is linked., or (3) is caused by viruses that infect your computer or other property on account of your access to, us of, or browsing in the website or your downloading any of its data.
(C) You assume total responsibility for establishing procedures for data back up and virus checking as you consider necessary.
(D) You agree that for any liability related to the purchase of the produce, we are not liable or responsible for any amount of damages above the purchase price (plus shipping, if applicable for the product.
(E) Note: The above disclaimers do not apply to any product warranty offered by the manufacturer of the product.
(F) Sewing, quilting, knitting, crochet, embroidery and other activities in our website are highly individualized pursuits, with project results varying widely depending upon the type of supplies used and the skill level and creative ability of the maker. We do not guarantee the results of any pattern, instruction, design or project presented on our website, and we disclaim all liability for unsatisfactory results.
(G) You acknowledge that this website and the information provided at this website would not be provided by Plum Project Studio without the foregoing disclaimers and limitations.
Other Websites
Our Website may provide a link or advertisement to another website that is operated by a third party. We provide these links for your convenience, and we do not endorse such other website or its contents. We have no control over, and do not review, these websites or their content. Under no circumstances will Plum Project Studio be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such other websites.
Use of Information Provided by the User
We reserve the right, and you authorize us, to use all information regarding your use of this Website and all information provided by you in any manner consistent with our Privacy Statement. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted Plum Project Studio, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Website to access, view, store or reproduce the material for that user's personal use. You grant Plum Project Studio the right to edit, copy, display, publish and distribute any materials made available on the Website by you.
Comments
Some portions of our Website enable users to post reviews of, and make submissions and comments regarding various products, projects and information contained on our Website.
If you submit material to our Website, you grant plumproject.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, publish and display your submissions throughout the world in any media.
Plum Project Studio will not pay you or anyone else for any information that you provide to our Website. You also grant Plum Project Studio and our licensees the right to use the name that you submit with your submission in connection with that submission. You are solely responsible for the content of your submissions. We assume no liability for any content submitted by you. You agree that you have no expectation of privacy with regard to any content that you submit.
Use of Tools Sold on shop.plumproject.com
(a) We emphasize that proper and safe use of a crafting tool or product requires following the written instructions of the manufacturer of that product. For more specific warnings and other valuable information about the proper use of crafting tools products, please see the manufacturer's written instructions accompanying the crafting tool or product.
(b) We will have no responsibility or liability for your use of any of the content or products provided on our website.
Indemnification
You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms or your access or use of the Website or any of the information or materials available, or Products purchased, through this Website.
Editing; Deleting; Modifying
We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on the Website and to terminate, change, or suspend (temporarily or permanently) any aspect of the Website (or the entire Website) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability, to remove any material, including goods for sale, which we find, in our sole discretion, to be objectionable or in violation of these Terms.
Copyright
(a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, and all other matters related to the Website, including without limitation, the "look and feel" of this Website, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this Website. You cannot use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Website, except as expressly permitted by these Terms. All software used on this Website is the property of plumproject.com or its software suppliers and is protected by Canadian, U.S. and international copyright laws.
(b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on this Website are trademarks of ours, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
Miscellaneous
The agreement created by your acceptance of these Terms, through your use of the Website, or your purchase of Product, will be treated as though it was executed and performed in North Vancouver, British Columbia, and it is governed by the laws of British Columbia, without regard to conflict of laws principles.
