Terms & Conditions
The Parkland Sites are owned and operated by Parkland Design and Manufacturing Inc. (“Parkland”).
THIRD PARTY SITES
The Parkland Sites may contain links to websites and other resources operated by third parties other than Parkland, including social media websites. We do not control these websites, and are not responsible for the content, products, services or information they provide. Your use of third party websites is governed by the terms and conditions and privacy policies of the third party.
RESTRICTIONS ON USE
The Parkland Sites are not intended for minors and may only be used by individuals who are over the age of majority in their country of residence and who are not barred from using the Parkland Sites by any applicable laws.
- resell products that you purchase through the Parkland Sites;
- modify, transmit, display, use, reproduce, publish, license or sell any Content;
- collect or use product descriptions or photographs found on the Parkland Sites;
- gather, extract or mine for data from the Parkland Sites;
- use any robot, spider, scraper or other automated means to access the Content or the Parkland Sites;
- knowingly introduce potentially harmful or malicious material into the Parkland Sites, including viruses, Trojans or worms.
- attempt to gain unauthorized access to any user accounts, systems, servers or databases connected to the Parkland Sites, or to modify or alter the Parkland Sites in any way;
- use the Parkland Sites or take any action that imposes an unreasonably large load on the Parkland Sites’ infrastructure;
- mislead or deceive others as to your identity, such as disguising the origin of any Content or information transmitted to or through the Parkland Sites; and
- use any Parkland trademarks, logos or other proprietary information, including meta-tags, keywords or other hidden text without our express consent.
We retain the right to suspend or terminate your access to the Parkland Sites for any reason, at our sole discretion.
The Parkland Sites, including all Content and the arrangement, selection and look and feel of the Parkland Sites, are the sole property of Parkland and/or our licensors and are protected by copyright laws. We do not grant you any privileges or rights in the Content, and you agree not to copy, reproduce, republish, reverse engineer, display, encode, transmit or distribute any part of the Parkland Sites or the Content, including product images and descriptions, without our express consent. If you submit any feedback or ideas about our products and services to us, you hereby assign and agree to assign to Parkland all right, title and interest in and to such feedback or the embodiment of such feedback in products or services.
If you believe that your work is the subject of copyright infringement and appears on the Parkland Sites or our social media channels, please provide the following information required by the Digital Millennium Copyright Act to Parkland at email@example.com:
- Signature of the person whose rights have allegedly been infringed, or an authorized representative of that person.
- Identification of the copyrighted work alleged to have been infringed.
- Identification of the material that is allegedly infringing your rights.
- Your contact information, including your name, address and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of infringes your rights.
- A statement that the information you provided is accurate and that you are the owner of an exclusive right that has been infringed or are authorized to act on behalf of the owner.
All trademarks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Parkland Sites or in the Content belong to Parkland or the Marks’ respective owners. You may not use or reproduce the Marks or any confusingly similar marks without our written consent.
If you make an account on the Parkland Sites, you are solely responsible for maintaining the security and confidentiality of your account, including your password and keeping the information listed in your account, including your email address, current. You are responsible for all activities and purchases connected to your account.
By creating an account or submitting an order, you agree to receive electronic communications related to your orders at the email address provided, and agree that any electronic communication satisfies any legal requirement that a communication be in writing.
You agree to immediately notify us of any breach of security on the Parkland Sites, including unauthorized use of your password, account or financial information. We reserve the right to disable your account at any time, for any reason.
If you submit a review on the Parkland Sites, you are responsible for the information, comments, feedback, ideas and any other content or material that you submit, upload, post, or otherwise make available (the “Submission”). By submitting a review on the Parkland Sites, you represent that your Submission: (a) does not violate, misappropriate, or infringe on the rights of any third party, including copyright, trademark, privacy rights, publicity rights, or other intellectual property rights; and (b) is accurate and not misleading in any way.
Submissions posted on the Parkland Sites may not:
- impersonate any person or entity, or mislead Parkland as to the origin of the content;
- encourage illegal, immoral, or otherwise inappropriate conduct;
- defame, abuse, harass, threaten, stalk, or otherwise violate the legal rights of any person;
- use offensive, explicit, exploitive, obscene or derogatory language of any kind; or
- disseminate any unsolicited advertising, promotional materials or promote any business interest.
We reserve the right to delete any Submissions and terminate your ability to post Submissions in the future in our sole discretion, including if we determine that your Submission is inappropriate or disruptive. Parkland may also report any Submissions that may contain illegal content to law enforcement, and will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Parkland Sites, including the Submissions.
You acknowledge that any Submissions you provide are not confidential and will not be treated as such by Parkland. You agree that Parkland may publicly display your Submission on the Parkland Sites, and you grant Parkland a sublicensable, transferable, nonexclusive, royalty-free license to use, reproduce, and prepare derivative works from your Submission for this purpose.
Parkland takes no responsibility and is not liable for any Submissions uploaded by you or other users, or for any mistakes, omissions, falsehoods, misrepresentations, defamation, obscenity or profanity in the Submissions. The Parkland Sites are only a forum, and Parkland is not responsible for policing, monitoring or removing the Submissions of any user. If you have concerns about a particular Submission, you should contact firstname.lastname@example.org.
TERMS OF SALE
By placing an order on the Parkland Sites, you offer to purchase the products listed in your order. You may check and correct any input errors in your order up until the point at which you submit your order to us on the checkout page. By submitting your order, you agree to pay for the products you have ordered.
Online payment transactions are also subject to validation checks by your card issuer to verify your identity and ensure the security of the transaction. We do not control these checks and are not responsible if your card issuer declines to authorize payment for your order.
Once you have placed your order, we will send you an order confirmation to the email address you provide, confirming that your order has been received. All orders are subject to our acceptance. We retain the right to reject all orders at our sole discretion, including if: (a) products become unavailable, or (b) an order appears abnormal or suspicious. If your order is rejected, we will provide you with written notice and a refund or credit.
We will communicate our acceptance of your order by notifying you that your order has been dispatched (the “Order Confirmation”) at the email address you provide. Once your order is accepted, we are obligated to supply you with the products which appear in the Order Confirmation.
Product Availability and Price
We cannot guarantee the availability of products listed on the Parkland Sites and we reserve the right to discontinue, replace, restock, add or change any product at any time. The product you receive may vary slightly from the photographs on the Parkland Sites for technical reasons, including your screen’s display capabilities, or due to minor modifications to the products. You will not be entitled to a return based solely upon immaterial variations from the photographs on the Parkland Sites.
The price charged for a product is the price quoted on the Parkland Sites when you place your order. We may change prices at any time without notice to you, and you will not be entitled to a partial or complete refund by virtue of any change in price that occurs after you have placed your order.
Sales tax will be added to your order where required by law. Shipping charges may also apply in certain circumstances, such as if you are shipping outside of Canada and the contiguous US States or if you request express shipping. You will have an opportunity to review these charges before placing your order. Your bank or credit card company may also charge you additional fees. If you ship a product internationally, your order may be opened and inspected by customs authorities and may be subject to import duties and taxes when your delivery reaches its final destination. By placing your order, you accept and agree to pay all taxes, transaction fees and shipping charges associated with your order.
Your order will be delivered to the shipping address indicated in your Order Confirmation. We will make reasonable efforts to fulfill your order by the estimated delivery date stated in your Order Confirmation, or if no date is stated, within 14 days after the date of the Order Confirmation (except in the case of pre-orders). Delivery within these timeframes is not guaranteed, and we are not responsible for any delays caused by any circumstances outside our reasonable control, including weather, strikes, acts or war or terror, errors or omissions by third parties, errors or omissions by you, or the decreased availability of transportation services.
We guarantee that every Parkland product is free of material and manufacturing defects. This warranty is valid for the duration of the original purchaser’s lifetime, beginning on the date it is purchased from an authorized Parkland retailer. The warranty will immediately become void if the product is purchased from an unauthorized retailer.
If you discover a material or manufacturing defect, we will replace or repair the item at our discretion, in accordance with local law and our warranty claims process in place at the time. Warranty claims must be accompanied by an acceptable proof of purchase from an authorized Parkland retailer. We will not honor fake or fraudulent warranty claims and reserve the right, in our sole discretion, to reject any warranty claims which we suspect to be fraudulent.
This Limited Lifetime Warranty does not cover damage caused by misuse, neglect, accidents, abrasion, solvents, cleaning liquids, transport, or any modification to a Parkland item. If a product was damaged during flight, transport or by any carrier, you must immediately report such damage directly to the transport operator or carrier, as this damage is not covered by Parkland.
We also cannot be held responsible for loss, damage or cost resulting from the use or loss of our products. Please note that general wear and tear, including but not limited to the breakdown of colors and materials over time, is not considered a material or manufacturing defect and is therefore not covered by the Limited Lifetime Warranty.
Parkland products that are purchased online (excluding promotional or sale items) can be returned or exchanged within 30 days of the purchase date for a full refund in the amount of the purchase excluding shipping costs. All merchandise must be returned unused, unwashed and be accompanied by the original hang tags. The condition of the product is left at the discretion of Parkland. Products that are purchased from an authorized retailer are subject to the return policy of the retailer and cannot be returned directly to Parkland.
In no event will Parkland or our parent, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, licensors or third party partners be liable for any indirect, special, punitive, incidental, exemplary, consequential or economic damages (including lost profits, loss of income and loss of business opportunity), or loss of data, loss of goodwill or loss of reputation arising out of or related to your use of the Parkland Sites or the Content. Our liability to you arising from your purchase of products shall not exceed the purchase price of the relevant product and is limited to losses that were reasonably foreseeable. By accessing the Parkland Sites, you understand that you may be waiving rights with respect to claims that are presently unknown, and you acknowledge and agree to waive the same to the extent permitted by law.
If your jurisdiction does not permit limitations on implied warranties, or the exclusion or limitation of certain damages, then some of the limitations and disclaimers above may not apply to you. The applicable laws in your jurisdiction may give you other rights that are not specifically set out in these Terms of Service.
You agree to defend, indemnify and hold harmless Parkland, our affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney fees) arising out of or related to: (a) your account; (b) your use of the Parkland Sites or the Content; (c) your breach of any third-party rights, including any intellectual property, publicity, confidentiality, or privacy rights; (d) your violation of any laws, rules or regulations, or (e) any misrepresentation made by you on the Parkland Sites.
Compliance with Law
All disputes arising from or connected to the Parkland Sites, Content or related matters shall be governed by the laws of British Columbia and the applicable federal laws of Canada, without regard to conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods, and shall be subject to the exclusive jurisdiction of the courts of British Columbia.
If a dispute arising between you and Parkland related to or arising from your use of the Parkland Sites or the Content, you must first make a good faith attempt to resolve the dispute with us by sending the details of your dispute, including relevant documents and your contact information, to email@example.com. If you are unable to resolve the dispute within 30 days, you may commence a claim in the courts of British Columbia.