Cancellation Policy
This Cancellation Policy is explicitly designed to provide clarity and establish the terms governing the cancellation of orders placed with Timber Mountain Custom Woodworking Ltd. ("the Company"). By placing an order on our website, TMCWoodworking.com, the customer stipulates full acceptance of the terms articulated herein. These terms are legally binding and will take precedence in the event of any dispute, including those initiated through credit card merchant or payment platform chargeback mechanisms.
1. General Overview of Cancellations
1.1 Customers may submit a cancellation request only prior to the commencement of order processing. Once the order has entered the processing stage, cancellations will no longer be accepted.
1.2 Cancellation eligibility is strictly subject to the timelines and exclusions outlined in this policy, and the Company reserves the right to approve or deny requests at its sole discretion.
1.3 Approved cancellations may be subject to administrative fees, non-refundable deposits, and other applicable deductions as detailed below.
2. Non-Cancellable Orders
2.1 Orders for custom, personalized, or made-to-order products are non-cancellable, regardless of order status, due to the significant allocation of resources, labor, and materials necessary for their production. This includes but is not limited to products that are tailored to customer specifications, such as dimensions, design modifications, or custom finishes.
2.2 Products sold at discounted rates or as part of a promotional campaign are non-cancellable. These sales are considered final, and cancellation requests will not be entertained.
2.3 Orders that are in transit or have already been dispatched for shipping cannot be canceled under any circumstances.
3. Processing Timeline for Standard Orders
3.1 For standard, non-custom orders, cancellation requests must be submitted within 24 hours from the time the order is placed. After this period, orders will automatically enter the processing stage and become ineligible for cancellation.
3.2 Cancellation requests received within the designated timeframe must be submitted in writing via email to info@tmcwoodworking.com, including the order number and reason for the cancellation.
3.3 The approval of cancellation requests is contingent on the Company's assessment, and the decision rendered is final and binding.
4. Cancellation Fees and Non-Refundable Amounts
4.1 All approved cancellations are subject to the following non-refundable charges, which the customer explicitly acknowledges and agrees to by placing an order:
- Non-Refundable Deposit: For custom orders, a minimum deposit of 50% of the total order value is non-refundable, irrespective of whether the cancellation request is made within the allowable period. If full payment has been made, the 50% non-refundable portion will apply, and only the remainder will be eligible for consideration.
- Administrative Fee: A flat administrative fee of 15% of the order value will be deducted from any eligible refunds to cover labor, processing, and logistics associated with the cancellation.
- Restocking Fee: For cancellations of standard items, a restocking fee of 20% of the total order value will apply to offset inventory and handling expenses.
- Transaction Fees: Any third-party payment system fees incurred (e.g., credit card processing fees) are non-refundable and will be deducted from eligible refunds.
4.2 Refunds, where applicable, will only cover the adjusted product price and exclude any original shipping fees, taxes, and other associated costs.
5. Final Sale and Payment Commitments
5.1 By placing an order, the customer agrees that the Company reserves the right to fully charge the provided payment method for both the initial deposit and any final payment balances as outlined in the terms of purchase. This includes securing payments for custom orders, where the buyer commits to the transaction by making the initial deposit.
5.2 Cancellation requests that conflict with these terms will be subject to automatic denial, and any attempts to obtain refunds through alternate means, including chargebacks or bank disputes, will be subject to the terms of Section 7 of this policy.
6. Force Majeure Exclusion
6.1 If the Company experiences delays or is otherwise unable to process or deliver an order due to unforeseen circumstances beyond its reasonable control, including but not limited to supply chain disruptions, customs delays, natural disasters, or acts of God, cancellation requests will remain ineligible.
6.2 Customers acknowledge that such circumstances constitute reasonable grounds for the extension of agreed timelines and do not warrant cancellations or refunds.
7. Chargebacks and Dispute Resolution
7.1 The customer explicitly agrees that these terms override any contrary provisions established by credit card merchant or chargeback policies. By placing an order, the customer authorizes the Company to dispute any unauthorized payment reversal attempts based on this legally binding Cancellation Policy.
7.2 Any such disputes will be resolved in strict accordance with the terms outlined in this policy, and the Company's findings or decisions will take precedence. Standard evidence, including timestamps, invoices, and correspondence, will be submitted to support the denial of such refund claims.
8. Binding Arbitration Clause
8.1 Any disputes or claims arising out of or relating to this Cancellation Policy, including but not limited to its breach, termination, interpretation, or validity, shall be resolved exclusively through binding arbitration, rather than litigation, in accordance with the rules of the Arbitration Act of Alberta, Canada, as amended from time to time.
8.2 The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties are unable to agree on an arbitrator, one shall be appointed in accordance with the applicable rules of the Arbitration Act.
8.3 The arbitration proceedings shall take place in Alberta, Canada, and shall be conducted in the English language. The decision of the arbitrator shall be final, binding, and not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
8.4 By agreeing to this Cancellation Policy, the customer waives any right to commence or participate in any class action or collective proceeding against the Company. All arbitrations shall be conducted on an individual basis, and no arbitration shall be consolidated with another arbitration proceeding.
8.5 The customer acknowledges and accepts that all costs and expenses related to the arbitration proceedings, including administrative fees, arbitrator’s fees, and attorney’s fees (if applicable), shall be borne by the customer, except as may otherwise be determined by the arbitrator.
9. Legal Enforcement and Governing Law
9.1 This Cancellation Policy is governed by and construed in accordance with the laws of Canada and is subject to the exclusive jurisdiction of the courts of Alberta, Canada.
9.2 Customers agree that by placing an order, they waive any rights to challenge this policy's validity or enforceability. Should any provision of this policy be deemed unenforceable in whole or part, it will not affect the enforceability of the remaining provisions.
10. Acceptance of Terms
10.1 By completing a purchase through TMCWoodworking.com, the customer affirms that they have read, understood, and agreed to the terms of this Cancellation Policy. This acknowledgment constitutes a legally binding agreement between the customer and Timber Mountain Custom Woodworking Ltd., enforceable to its fullest extent.
10.2 Customers also agree to indemnify the Company against any losses, costs, damages, or liabilities arising from a breach of this policy or any unauthorized chargeback attempts.
We encourage customers to contact our team at info@tmcwoodworking.com for clarification regarding any part of this Cancellation Policy prior to placing an order.