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Terms & Privacy Policy

Wonderkind Inc. Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.wonderkind.ca (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

  • Communicate with you;
  • Screen our orders for potential risk or fraud; and
  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

STORAGE OUTSIDE OF CANADA

Your personal information may be used or stored by us or our service providers outside of Canada. We require that our service providers safeguard your personal information. However, if your personal information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. We may, however, retain information about your previous transactions for audit purposes, to ensure the integrity of our data and to fulfill legal requirements.

How We Protect Your Information

We take administrative, technical and/or physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.  Therefore, we cannot guarantee its absolute security. Accordingly, you should not transmit personal information to us using our website if you consider that information to be sensitive.

Notice to Persons Outside of Canada

This Privacy Policy is governed by the laws of Canada and applicable provincial law. By submitting personal information to us, you understand that your personal information will be subject to the laws of Canada and applicable provincial laws.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@wonderkind.ca.

Legal Terms

Terms of Use

By accessing or using www.wonderkind.ca (the “Website”) and/or by proceeding to place an order with WONDERKIND INC. (“us” or “we”) through our Website, you agree to be bound by the terms of this contract (the “Terms”). If you do not agree to be bound by the Terms, cease access and use to the Website immediately and/or do not check the box “I agree with the Terms of Use and Privacy Policy” and do not proceed with your order. Please print and/or retain a copy of the Terms.

Last revision: September 4, 2019.

Availability of Products

Products listed on our Website may not be available at the time you make your order. Products and sizes may vary. Your order is subject to the availability of products.

Acceptance of Orders

The descriptions of products on our Website are invitations for you to make an offer to purchase. Once you place an order, we will email you a confirmation number to the email address that you provided for the purpose of us sending notices to you. The confirmation number does not constitute an acceptance of your order. Your order will only be accepted once the goods are ready to be shipped and payment has been processed. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the credit card you provided for payment.

Product Description & Colour

While We strive to provide accurate and complete product information, We do not represent or warrant that product descriptions and other information on our Website are accurate, complete, reliable, current or error-free. While Wonderkind has tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate.

Food Allergies and/or Food Intolerances

If You or the individual You are ordering a gift for have any food allergies or food intolerances, You must inform us at the time of placing your order. It is your responsibility to inform Us of food allergies and/or intolerances. Wonderkind accepts no responsibility for unidentified food allergies and/or food intolerances and is manufactured and/or stored in a facility that may contain nuts.

Charities and Charitable Donations

A percentage of Wonderkind’s annual profits will be donated to registered Canadian charities.The amount and/or percentage of annual donations made by Wonderkind, and the charities to which donations are made, are subject to change at any time at the discretion of Wonderkind.The Website may include information and links to Canadian charities and/or Wonderkind’s charitable partners. It is your responsibility to conduct due diligence before supporting and/or donating to any charity identified on the Website.

Disclaimers of Warranties

Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply to you.

The Website and the information or materials herein are provided on an “As is” and/or “as available” basis. Wonderkind makes no representations, warranties or conditions, either express or implied, or arising by statute, usage of trade, custom or otherwise, of any kind with respect to the Website or the Website content. To the fullest extent permitted by applicable laws, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.

Returns

Wonderkind gift services sales are all final. If an item arrives and is damaged or broken, please send two photos of the damaged item and we will replace with a similar item of equal value. We will ship to you at our expense within 30 days of receipt.

Payment

During the check-out process you will be provided with a list of the goods you are purchasing, their price, and a list of all additional charges. You will be asked to confirm your order at the end of the check-out process. By clicking “confirm”, you agree to pay us the amount set out in box labelled “Order Total”. The Order Total is set out in Canadian dollars and includes shipping and handling fees and applicable taxes. The Order Total will be charged to the credit card you entered when the product is shipped. You may pay using one of the following credit cards: Visa, Mastercard, AMEX.

If your payment is declined or reversed for any reason, your order will be cancelled, and your order will not be shipped.

Shipments

We will email you to confirm that your order has been shipped. You are deemed to have received the product 3-10 business days after it has been shipped by us.

The cost of shipping will be provided at the time of check-out. The actual cost of shipping will depend on the size and weight of the total order shipped and the number of items shipped in one package. We will confirm the cost of shipping in the email we send to you at the time your order is shipped. You agree to pay any additional shipping charges, which will be charged to the same credit card that you used to purchase the product.

If your order is shipped to a United States address, you agree to pay any additional duties, surcharges, and/or custom fees that may be charged by U.S. Customs and Border Protection (CBP) and agree to provide any additional information US CBP may require.

We use third-party carriers to ship our products to you. We will advise you of the carrier delivering your order in the shipping confirmation email you will receive once your order has shipped. We are not responsible for the loss of any products once the order has been shipped to the delivery address you provided.

Acceptable Use Policy

You must be 18 years or older, or at least the age of majority in the jurisdiction where you reside, to place an order through the Website’s online store. Orders may only be placed by residents of Canada and the United States for shipment to Canada and the United States.

You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

Privacy Policy

The personal information that you submit to Wonderkind on the Website is governed by Wonderkind’s Privacy Policy.

Intellectual Property

All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Wonderkind, its users, product manufacturers or its third party affiliates and is protected by Canadian and/or International Intellectual Property rights, which includes for example copyright, trademarks, patents, domain names, and design rights, whether registered or unregistered.

For greater certainty, WONDERKIND & WOMEN OF WONDER are trademarks of Wonderkind and shall not be used without prior written consent.

No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Wonderkind’s prior written permission. Provided that You are eligible for use of the Website and subject to these Terms, You are granted a limited license to access the Website and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.

Indemnity

You agree to defend, indemnify and hold Wonderkind, its affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, arising out of or in connection with your use of the Website or your violation of these Terms.

Availability of Website

While We make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website or that the Website will be free of viruses or other harmful components.

Hyperlinks & Third Party Websites

The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for informational purposes and your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site is at your own risk and your use may be governed by the terms and conditions of that third party site.

Amendment to the Terms

We reserve the right to amend the Terms at any time without notice to you. The Terms that govern your order will be the Terms posted to our Website on the day and time that you place your order. Each time you place an order you should review and print the Terms.

Limitations of Liability

Certain jurisdictions, such as Québec, do not allow the exclusions of damages. If these laws apply to you, some of the following exclusions of liability may not apply to you.

In no event will we be liable to you for an amount greater than the Order Total, exclusive of taxes and shipping, or for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you whether arising in connection with the use of this Website or the products irrespective of whether your claim arises in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if we had been advised or had reasons to know of the possibility of such damages.

Applicable Law

The Terms are governed by the laws of the province of Ontario without reference to conflict of laws principles, unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence.

If any provision or part of a provision of the Terms is determined to be unenforceable by reason of applicable laws, it shall be severed from the rest of the Terms, which will continue to apply.

Entire Agreement and Notices

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The Terms, the Privacy Policy, your purchase order and our confirmation of shipping constitute our entire agreement with you.

Any notices required or permitted to be given under the Terms or applicable laws may be given to you at the email address you provided to us during your order. Any notice given to you will be effective 5 business days after we send the notice to you, irrespective of whether you receive it or it is returned to us as undeliverable.

You may contact us at:

Wonderkind Inc.

888.304.9381

info@wonderkind.ca