Terms and Conditions
1. Introduction
Welcome to TMCWoodworking.com, an e-commerce platform operated by Timber Mountain Custom Woodworking Ltd., a company incorporated under the laws of Canada. This website provides you with access to a variety of woodworking products, some of which are manufactured locally or internationally, internally, or shipped directly from our partners. By using our website, you agree to comply with and be bound by these terms and conditions. If you disagree with any part of these terms and conditions, please do not use our website.
2. Use of Cookies
At TMCWoodworking.com, we utilize cookies as part of our online experience. By using our website, you consent to the use of cookies in accordance with Timber Mountain Custom Woodworking Privacy Policy. Cookies are common practice for most interactive websites and are used to recognize your preferences during each visit. Our website uses cookies to enhance the functionality of certain areas and streamline the user experience. Please note that some of our affiliate or advertising partners may also utilize cookies in their services.
3. Intellectual Property and User Conduct
All content, including but not limited to text, images, logos, and designs on TMCWoodworking.com, is owned by or licensed to Timber Mountain Custom Woodworking Ltd. All intellectual property rights are reserved. You may access this content for personal, non-commercial use, subject to the restrictions outlined in these terms and conditions.
Under these terms, you are explicitly prohibited from:
• Republishing any material from TMCWoodworking.com
• Selling, renting, or sub-licensing any material from TMCWoodworking.com
• Reproducing, duplicating, or copying any material from TMCWoodworking.com
• Redistributing any content from TMCWoodworking.com
This agreement takes effect from the date of first access.
Our website provides a platform for users to post and exchange opinions and information in specific
areas. Please note that Timber Mountain Custom Woodworking Ltd does not pre-screen, edit, or review comments before they appear on the website. As such, these comments do not represent the views or opinions of Timber Mountain Custom Woodworking Ltd, its agents, or affiliates. They solely reflect the views and opinions of the individual who posted them. Under applicable laws, Timber Mountain Custom Woodworking Ltd is not responsible for comments or any liability, damages, or expenses caused as a result of any use of and/or posting of and/or appearance of the comments on this website.
Timber Mountain Custom Woodworking Ltd reserves the right to monitor all comments and to remove any that may be deemed inappropriate, offensive, or in breach of these terms and conditions.
By posting comments, you warrant and represent that:
• You have the right to post the comments on our website and possess all necessary licenses and consents to do so
• The comments do not infringe on any intellectual property rights, including but not limited to copyright, patent, or trademark of any third party
• The comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, or invade anyone's privacy
• The comments will not be used for any unlawful purpose, including soliciting or promoting business, custom, or commercial activities
By posting comments, you grant Timber Mountain Custom Woodworking Ltd a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit your comments in any forms, formats, or media.
4. Linking to Our Content
Certain organizations are permitted to create hyperlinks to our website without prior written
consent. These include:
• Government agencies
• Search engines
• News organizations
• Online directory distributors (in the same manner as they hyperlink to other listed
businesses' websites)
• System-wide Accredited Businesses (excluding soliciting non-profit organizations,
charity shopping malls, and charity fundraising groups)
These organizations may link to our homepage, publications, or other website content provided that the link: (a) is not deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products/services; and (c) is appropriate within the context of the linking party's site.
We may also consider approving link requests from the following types of organizations:
• Well-known consumer and/or business information sources
• Dot.com community sites
• Associations or groups representing charities
• Online directory distributors
• Internet portals
• Accounting, law, and consulting firms
• Educational institutions and trade associations
We will approve link requests from these organizations if we deem that: (a) the link would not reflect negatively on us or our accredited businesses; (b) the organization does not have any negative records with us; (c) the visibility of the hyperlink compensates for the absence of Timber Mountain Custom Woodworking Ltd; and (d) the link is in the context of general resource information.
Organizations that meet the above criteria may link to our homepage, provided that the link: (a) is not deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products/services; and (c) is appropriate within the context of the linking party's site.
If your organization is one of those listed above and you wish to link to our website, please inform us by sending an e-mail to Timber Mountain Custom Woodworking Ltd. Include your name, organization name, contact information, your site's URL, a list of any URLs from which you plan to link to our website, and a list of the URLs on our site to which you wish to link.
Please allow 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
• By using our corporate name
• By using the uniform resource locator being linked to
• By using any other description of our website that aligns with the context and format of content on the linking party's site.
Please note that no use of Timber Mountain Custom Woodworking Ltd's logo or other artwork will be permitted for linking absent a trademark license agreement.
5. iFrames and Content Liability
Use of iFrames, or creating borders around our webpages that alter the visual presentation or appearance of our website, is not permitted without prior approval and written consent.
As for content liability, we will not be held accountable for any content that appears on your website. By linking to our website, you agree to safeguard us against all claims arising from your website. No link(s) should appear on any website that can be construed as libelous, obscene, criminal, or that infringes, violates, or advocates the infringement or violation of any third-party rights.
6. Privacy Policy
For details about how we handle your personal information, please refer to our Privacy Policy.
7. Rights Reservation
We reserve the right to request the removal of all links or any specific link to our website at any time. Upon such a request, you agree to promptly remove all links to our website. We also reserve the right to modify these terms and conditions and its linking policy at any moment. By maintaining a link to our website, you agree to abide by these linking terms and conditions.
8. Link Removal and Website Information
Should you come across any link on our website that you find offensive for any reason, you are welcome to contact us at any time. We will consider requests to remove links, but we are under no obligation to do so or to respond directly to you.
Please note that while we strive to provide accurate information on our website, we cannot guarantee that the information is correct, complete, or up-to-date. Neither can we guarantee that the website will always be available or that its content will be kept current.
9. Disclaimer
To the fullest extent permitted by applicable law, we disclaim all representations, warranties, and
conditions related to our website and its use. This disclaimer does not:
• Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability outlined in this section and elsewhere in this
disclaimer apply to all liabilities arising under the disclaimer, including those arising in contract, tort, and for breach of statutory duty, subject to the preceding paragraph.
10. Link Removal, Website Information, and Shipping Disclaimer
If you encounter any link on our website that is offensive for any reason, we invite you to contact us. We will consider requests to remove links, but please note that we are not obligated to do so or to respond directly to you.
While we strive for accuracy in the information presented on our website, we can't guarantee its correctness, completeness, or up-to-datedness. We also cannot assure the continuous availability of our website or that the content on the website will always be updated.
11. Shipping Disclaimer and Policy
We aim to ship packages within a standard timeframe of 7 to 10 business days for items that are in stock at our facility. However, due to the unpredictable nature of logistics, delays may occur that are beyond our control. We sincerely request your understanding and patience in such cases.
For items shipped to us from out-of-province or internationally, delivery timelines may extend up to 60 to 90 days. This is due to several factors, including customs clearance processes, international transit times, and unforeseen delays. Please be aware that this extended timeframe applies to both domestic (out-of-province) and international orders. Additionally, delays caused by third-party shippers, customs procedures, or other external factors are not accounted for in the standard delivery estimate. Such circumstances may further extend delivery timelines, which are entirely outside our control. Given the current global environment, which includes ongoing supply chain disruptions and labor shortages, it is not feasible to offer guaranteed shipping timelines. While we acknowledge the challenges this may pose, we are committed to processing all orders efficiently and within reasonable expectations wherever possible.
Refunds for shipping delays will only be considered if timelines exceed 60 days (domestic) or 90 days (international), and even then, refunds will exclude shipping fees and any related costs. Please note that by purchasing from us, you agree to these shipping terms. Furthermore, shipping delays caused by third-party shipping companies, customs issues, "acts of God," or other factors beyond our control are considered reasonable circumstances for extending these timelines.
Please note that our shipping solutions are designed to be cost-effective and economical. While this approach may lead to longer delivery times, it enables us to offer products at significantly lower prices compared to competitors. This allows our customers to enjoy premium products at more affordable rates.
This shipping disclaimer and policy are part of our broader refund and return policies. By using our website and purchasing our products, you agree to the terms outlined in this policy. We encourage you to review this policy regularly for updates or changes. Your continued use of our website after such updates signifies your acceptance of the revised terms.
We appreciate your cooperation and understanding. If you have any questions or concerns about this policy, please feel free to contact us at any time.
Our website features an extensive range of products, which include but are not limited to barrel saunas, electrical steam saunas, wood-burning stoves, steam stoves for saunas and hot tubs, various wood products from local and international sources, barrel hot tubs, faux beams, pergola metal brackets, cattle panels (fencing panels), manufactured horse and livestock stables, sheds, ice fishing shacks, tiny homes, pergolas, and geodesic domes. These products may be produced internally by us, manufactured locally or internationally by third parties, or drop-shipped directly from our partner locations.
Please note that we do not assume responsibility for goods manufactured by third parties. Therefore, any warranties, guarantees, and the overall quality and safety of these products are the sole responsibility of the respective manufacturers. We strongly urge you to review all provided product information thoroughly and to reach out to the manufacturers directly for further details or with any concerns.
The installation of our products is carried out entirely at the customer's own risk and peril. While we may provide guidance in the form of pictures and instructions, we make no assurances as to their accuracy, safety, or applicability. The interpretation, application, and resultant outcome of using these materials fall solely under the responsibility of the customer. We expressly disclaim liability for any damages, injuries, loss of life, or any other consequences arising from the installation, use, or misuse of our products.
When purchasing and using our products, you voluntarily agree to waive any claims against us related to the matters mentioned above. This waiver includes, but is not limited to, issues related to product defects, installation complications, and any damages or injuries resulting from the use of our products.
This waiver applies comprehensively to all our products, irrespective of whether they are
produced internally, sourced locally or internationally, or drop-shipped directly from our
partners. Given the potential complexities and risks associated with installing and using our products, we strongly recommend that customers engage professional advice and assistance, particularly for products involving electrical systems, heavy lifting, complex assembly, or elements of fire or heat. Prioritizing safety and adhering to all relevant regulations and standards is of utmost importance.
Your purchase and use of our products signify your understanding and acceptance of these terms.
13. Payment and Governing Law
All product prices are listed in Canadian dollars. We accept payments through credit cards, debit cards, and other payment options available at the time of checkout. For your security, all payment details will be encrypted.
Please note that all payments must be made in advance through our online store's payment system. We will not ship any orders until full payment has been received as per our requirements. This policy may impact our shipping and delivery commitments. Any applicable refunds could also be affected by this requirement.
In cases where a return is necessary, subject that it qualifies per our stores terms, conditions and policies, please be aware that you may be responsible for a
restocking fee. Additionally, any shipping costs associated with returns must be covered by the customer.
Please also note that if a payment system withholds payments for security reasons, it may affect our ability to release any items. And no orders are deemed to have commenced until the applicable funds have been released to us from the 3rd party payment system!
These terms and conditions are governed by and interpreted in accordance with the laws of Canada. Any disputes arising from these terms and conditions fall under the exclusive jurisdiction of the courts of Alberta Canada.
By using TMCWoodworking.com, you agree to comply with all these terms and conditions. If you have any questions or need clarification on these terms and conditions, please contact us at info@TMCwoodworking.com.
Based on our previous discussions, here are some additional clauses that could be beneficial to include in your terms and conditions:
15. Refund Policies and Related Fees
Refunds for eligible items will be subject to the following conditions to protect cost liabilities and administrative resources effectively:
-
Exclusions from Refunds
Refunds will not include third-party payment system fees or transaction fees incurred during the order. Additionally, administrative fees of 15% and additional 10% applicable restocking fees will be applied to returned items. -
Custom and Discounted Items
Custom-made and discounted products are strictly non-refundable, as outlined in our Shipping and Returns Policy. -
Eligible Refund Calculation
Refunds will only cover the product price (minus non-refundable fees) and exclude any original or return shipping charges.
These conditions are outlined to ensure fairness while covering the inherent costs of order processing and fulfillment.
16. Cancellation Policy
Timber Mountain Custom Woodworking Ltd. offers limited options for order cancellations. Orders may be canceled only if the cancellation request is received before the order is processed or shipped. To request a cancellation, please contact us as soon as possible at info@tmcwoodworking.com with your order details.
Please note that once an order has been processed or shipped, cancellations are no longer possible. For eligible cancellations, a processing fee of 15% will apply, and any non-refundable transaction fees incurred during the order will also be deducted from the refund. Custom and discounted items are not eligible for cancellation as per our policies.
By placing an order on our website, you agree to these cancellation terms and understand that fees may be applied to cancellation refunds. For further details, refer to our Refund Policies in Clause 15.
17. Product Descriptions and Accuracy of Information
We strive to provide accurate product descriptions and information on our website. However, we cannot guarantee that all information is complete, accurate, or up-to-date. Any reliance on the material on this site is at your own risk.
18. Intellectual Property Rights
All content on our website, including text, graphics, logos, images, and software, is our property or the property of our content suppliers, and is protected by international copyright laws.
19. Privacy Policy
By using our website, you agree to the collection and use of your information as outlined in our Privacy Policy.
20. Changes to Terms and Conditions
We reserve the right to modify these terms and conditions at any time. Changes will be posted of this page and your continued use of our website after changes have been posted constitutes agreement to those changes.
21. Termination
We reserve the right to terminate your use of the website at any time, for any reason, and without notice.
22. Dispute Resolution
Any disputes arising from these terms and conditions will first attempt to be resolved through negotiation or mediation before resorting to legal proceedings.
23. Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of our website or services (collectively, "Disputes"), shall be resolved through binding arbitration. This arbitration will be conducted in accordance with the Arbitration Act (Alberta) or any successor legislation, and the laws of the province of Alberta, Canada, shall govern the process and any resulting award.
Key Arbitration Terms:
- Arbitration Forum: The arbitration shall be held in Alberta, Canada, and conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree, the arbitrator shall be appointed in accordance with the Arbitration Act.
- Arbitration Costs: The costs of the arbitration, including the arbitrator's fees, shall be split equally between the parties unless otherwise determined by the arbitrator. Each party shall be responsible for their own legal and related expenses.
- Arbitration Proceedings: The arbitration shall be conducted confidentially. All submissions, evidence, and awards shall remain private unless both parties agree otherwise in writing.
- Exclusion of Court Proceedings: By agreeing to arbitration, you waive your right to file or pursue any disputes in a court of law, except to the extent required to enforce an arbitrator’s decision or award. Additionally, you waive your right to participate in a class action or consolidated arbitration of any claim.
- Enforceability: The decision of the arbitrator shall be final and binding on the parties and may be entered in a court of competent jurisdiction located in Alberta, Canada, for enforcement.
24. Severability
If any provision of these terms and conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. The unenforceable provision will be severed, and the remaining provisions will continue in effect.
25. Entire Agreement
These terms and conditions, including any legal notices and disclaimers contained on our website, constitute the entire agreement between you and us in relation to your use of our website and supersede all prior agreements and understandings with respect to the same.
26. Contact Information
If you have any queries regarding any part of these terms and conditions, please feel free to contact us at info@tmcwoodoworking.com.
By using our website, TMCWoodworking.com, you signify your acceptance of these terms and conditions. If you do not agree to this policy, please refrain from using our site. Your continued use of the website following the posting of changes to this policy will be deemed as your acceptance of those changes.
Please note that these terms and conditions are subject to change without prior notice. We encourage users to regularly check this page for any changes.
This document was last updated on November 01 2024.
27. Electronic Consent and Agreement
By clicking on the "I Agree" button or checkbox, you are providing your electronic signature that you have read, understand, and agree to these terms and conditions, and all other applicable policies for our store. This electronic signature has the same legal force and effect as a handwritten signature.
You acknowledge and agree that by clicking on the "I Agree" button or by using our services, you are indicating that you have the ability and authority to accept these terms and conditions and are creating a legally binding contract between you and us.
This "click-through" agreement is a symbol of your signature and you hereby acknowledge that you have read and agree to all terms and conditions contained herein. By clicking on the "I Agree" button, you are consenting to be legally bound by these terms and conditions. If you do not agree to these terms, please do not click the "I Agree" button and discontinue your use of the service.