Terms of service
Overview
Welcome to Birchwood, operated by No-ar. “We”, “us” and “our” refer to Birchwood. We operate this store, website and related information, content, features, tools, products and services (the “Services”), powered by Shopify. These Terms and the policies referred to below describe your rights and responsibilities. Please read them carefully, including the warranty disclaimers and liability limitations. By accessing or using the Services, you agree to these Terms and acknowledge our Privacy policy. If you do not agree, do not use the Services.
Nothing in these Terms excludes or limits any consumer right, legal warranty or remedy that cannot lawfully be excluded, including under applicable Canadian federal, provincial or territorial law. Every disclaimer, release, limitation and indemnity below is subject to this safeguard.
1. Access and account
You represent that you are at least the age of majority in your province, territory or other jurisdiction and have consented to any minor dependants using the Services on devices you own or manage. You may be asked for contact, billing, payment and shipping details. You represent that the information you provide is accurate, current and complete and that you have the right to provide it. You are responsible for account security and activity. You may not transfer, sell, assign or license your account to another person.
2. Our products
We make every effort to present products accurately. Colours and appearance may vary with your device and settings. Subject to legal warranties and rights regarding defective or misdescribed goods, we do not guarantee that every product will meet your personal expectations. Descriptions may be updated without notice. We may discontinue products or limit quantities by person or geographical area where permitted by law.
3. Orders
An order is an offer to purchase. We may accept or decline it, subject to applicable law. Acceptance occurs when we confirm acceptance after receiving and processing payment. Check your order carefully, as cancellation may not be possible after acceptance except where a statutory right applies. If we decline, change or cancel an order, we will attempt to contact you using the details you supplied and refund payment for goods we do not supply. Returns and exchanges follow our Returns and refunds policy and applicable law. For items that arrive damaged, defective or incorrect, contact us within 30 days of delivery. Approved returns for these issues are free: Birchwood covers the return shipping costs and provides return instructions. For change-of-mind returns, the customer arranges and pays for return shipping. This does not limit any rights under applicable law. Products are for personal or household use, not commercial resale or export.
4. Prices and billing
Prices and payments are in Canadian dollars (CAD). Prices, discounts and promotions may change without notice. The price charged is the price applicable when you place the order, as stated in your confirmation. Applicable taxes and charges collected by us are shown at checkout. Standard shipping is free under our Shipping policy. Unless expressly stated otherwise, prices exclude customs duties or import charges assessed separately. Prices may differ from those of physical stores or third parties. Separate promotion terms govern that promotion if they conflict with these Terms, subject to law.
Provide accurate, complete and current purchase, account and payment information and promptly update it. You represent that your payment details are correct, that you are authorized to use the payment method, and that you will pay the agreed charges and applicable taxes.
5. Shipping and delivery
Delivery times are estimates, not guarantees. Carrier delays, customs clearance and events outside our control may affect them. See our Shipping policy. Subject to mandatory law, title and risk pass when goods are transferred to the carrier. This does not remove statutory rights regarding non-delivery, delay, damage or cancellation. Contact us about a delayed, missing or damaged parcel so we can assist.
6. Intellectual property
The Services, including trademarks, brands, text, displays, images, graphics, reviews, video, audio and their design, selection and arrangement, belong to Birchwood, its affiliates or licensors and are protected by applicable intellectual property law. Use is permitted for personal, non-commercial purposes only. Except as permitted by law or our written permission, you may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store or transmit these materials. No intellectual property licence is granted beyond what is expressly stated. All other rights are reserved. Birchwood's names, logos, designs and slogans require our prior written permission for use. Shopify's marks belong to Shopify; other marks belong to their respective owners.
7. Optional tools
We may provide access to third-party tools that we do not monitor, control or influence. They are provided “as is” and “as available”, without endorsement or warranties from us, to the extent permitted by law. Use them at your discretion and review the provider's terms first. New features and tools introduced through the Services also form part of the Services and are subject to these Terms.
8. Third-party links
The Services may contain third-party content, links or embedded features. We do not undertake to examine their accuracy or content. Review the provider's policies and terms before accessing or transacting with them. To the extent permitted by law, we are not responsible for loss arising from those sites, products or transactions. Direct questions and complaints to the relevant provider.
9. Relationship with Shopify
Shopify powers Birchwood, but sales are directly between you and Birchwood. You acknowledge that Shopify is not the seller and, to the extent permitted by law, is not responsible for any aspect of these sales, including injury, damage or loss resulting from purchased products or services. To that extent, you release Shopify and its affiliates from claims and liabilities arising from your purchases and transactions with Birchwood.
10. Privacy
Personal information is governed by our Privacy policy and, where applicable, Shopify's Privacy policy. Shopify collects and processes information about access to and use of the Services to provide and improve them. Information you submit may be shared with Shopify and service providers in other countries. Read our Privacy policy for details.
11. Feedback
If you submit ideas, suggestions, reviews, proposals, plans or other feedback (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium, including commercially to operate, improve and promote the Services. You represent that you have the necessary rights, have disclosed any compensation or incentive and that the Feedback complies with these Terms. We need not keep Feedback confidential, pay for it or respond.
We may, but need not, monitor, edit or remove unlawful, threatening, abusive, defamatory, obscene, objectionable or infringing content. Feedback must not violate another person's rights or contain malicious software. Do not use a false email address, impersonate someone or mislead us about its origin. You are responsible for your Feedback and its accuracy. To the extent permitted by law, we are not liable for Feedback submitted by you or third parties.
12. Errors, inaccuracies and omissions
Information may contain errors or omissions relating to descriptions, prices, promotions, offers, shipping charges, transit times or availability. We may correct these, update information or cancel affected orders, including after submission, subject to law. We will notify you of material changes affecting an accepted order and refund payments for cancelled goods.
13. Prohibited uses
Use the Services only lawfully. Do not violate laws or intellectual property rights; harass, abuse, defame or threaten others; provide false information; transmit unlawful materials or unsolicited advertising; impersonate another person; interfere with others' use; or expose Birchwood, Shopify or others to harm or liability. Do not transmit malicious code; exploit, copy or resell the Services without permission; collect others' personal information; spam or phish; use unauthorized scraping, robots or data-extraction tools; or bypass security, authorization or access restrictions. Agent access is subject to section 14. We may suspend or close accounts that breach these Terms, subject to applicable law.
14. Agents
14.1 This section applies if you use, authorize, enable or direct an Agent to interact with the Services. An “Agent” is software or a service taking autonomous or semi-autonomous actions for a person or entity, potentially without direct supervision.
14.2 Agents must identify themselves and comply with section 14.4 for every interaction and must stop accessing the Services if we request it.
14.3 We may restrict Agent access and use, including by technical means.
14.4 Agents must identify HTTP/HTTPS requests as automated and disclose their name using the string “Agent / agent name”; not hide their automated nature by imitating human interactions or completing or bypassing CAPTCHA or similar verification; answer truthfully when asked whether an interaction is automated; and not circumvent measures controlling Agent access to Shopify consumer services.
15. Termination
We may terminate this agreement or access to all or part of the Services, subject to law. You remain liable for amounts lawfully due up to termination. Terms that should by their nature survive continue, including intellectual property, Feedback, termination, warranties, liability, indemnification, severability, waiver, entire agreement, assignment, governing law and privacy.
16. Disclaimer of warranties
General information on the Services is provided for information purposes. To the extent permitted by law, we do not guarantee its accuracy, completeness or usefulness. Except as expressly stated by Birchwood and subject to mandatory legal warranties, the Services and products are provided “as is” and “as available”, without additional express or implied warranties or conditions, including merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement. We do not guarantee uninterrupted, timely, secure or error-free use. These exclusions do not apply where prohibited by law, including any applicable provincial legal warranty.
17. Limitation of liability
To the fullest extent permitted by law, Birchwood, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, are not liable for injury, loss, claims or direct, indirect, incidental, punitive, special or consequential damages arising from use of the Services or products, including lost profits, revenue, savings or data and replacement costs, whether in contract, tort, negligence, strict liability or otherwise, even if advised of the possibility. This does not exclude liability, legal warranties or remedies that cannot legally be excluded or limited.
18. Indemnification
To the extent permitted by law, you agree to indemnify and defend Birchwood, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against third-party losses, liabilities, claims and reasonable legal fees arising from your breach of these Terms or incorporated documents, violation of law or third-party rights, or unlawful use of the Services. We will notify you of a claim; delay does not remove a lawful obligation unless it materially prejudices you. We may control the defence and settlement, including choosing counsel, but will not settle a claim imposing non-monetary obligations on you without your consent, which must not be unreasonably withheld. You will reasonably cooperate, including providing relevant documents.
19. Severability
An unlawful, invalid or unenforceable provision applies only to the extent permitted by law, and its unenforceable part is severed without affecting the remainder.
20. Waiver and entire agreement
Failure to enforce a right does not waive it. These Terms and policies and operating rules posted in relation to the Services form the agreement between you and us and replace prior agreements, communications and proposals on the same subject, subject to applicable law. No interpretation rule in these Terms limits a legally required consumer protection.
21. Assignment
You may not assign or transfer your rights or obligations without our prior written consent. We may assign or transfer ours, provided this does not reduce your mandatory legal protections or rights.
22. Governing law
No-ar is established in the Netherlands. These Terms are governed by Dutch law to the extent permitted by applicable law. For consumers in Canada, this choice does not deprive you of mandatory protections applicable in your province or territory or restrict a right to bring a claim before a competent local court.
23. Headings
Headings are for convenience and do not limit or affect these Terms.
24. Changes to these Terms
The current Terms are available on this page. We may update them by posting changes. We will give notice of material changes where required by law and state when they take effect. Continued use after changes take effect constitutes acceptance to the extent permitted by law. Changes do not retrospectively remove rights relating to earlier purchases.
25. Contact information
Birchwood is operated by No-ar, KvK 80427758, VAT NL003439059B78.
Our customer service team is available Monday to Friday, 9:00 a.m.–5:00 p.m. (Amsterdam time, CET/CEST). Please contact us if you need help. We normally respond within 24 hours.
Phone: +31 85 333 5321
Email: support@birchwoodoutfitters.com
Address: Hallenweg 16, 5683 CT Best, Netherlands
Our registered address is not a return address. Contact us for return instructions.