PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND PURCHASE OF OUR PRODUCTS.
This website (the "Site") is operated by Fine & Dandy Company Inc. ("FINE & DANDY", "we", "us" and "our" as the context requires).
By visiting our Site and/or purchasing our products including, without limitation, our samples, you signify your agreement to be bound by these Terms and Conditions (the "Terms"). These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms, you must not access or use the Site or purchase any of our products.
Currency
All references to monetary amounts, including prices, on our Site and in these Terms are in United States Dollars (USD).
Age of Majority
You represent that you are at least the age of majority in your province, state or applicable international residence.
Product Variation
FINE & DANDY offers bespoke products. As a result, and due to fluctuations in the digital printing process and texture of natural fibres and materials, slight variations may occur. PLEASE NOTE: Due to variances in monitors, smartphones and other devices, final product colours may be different than those which appear on the devices you are using. FOR ACCURATE COLOUR REFERENCING AND MATCHING, WE HIGHLY RECOMMEND ORDERING A SAMPLE PRIOR TO PLACING YOUR ORDER.
Payment
All prices on this Site are subject to change without notice. The price charged for any product will be the price advertised on the Site at the time the order is placed, subject to any applicable promotions or discounts. All orders must be paid in full before they are processed. All sales are final.
Shipping
FINE & DANDY provides shipping within North America using FedEx Standard Ground or other third-party carriers, with a signature required on receipt. Please note that your order may be subject to import duties and taxes, calculated once a shipment reaches your country, and you will be responsible for paying all additional charges for customs, duty, import taxes or similar. You should contact your local customs office for further information. Title and risk of loss in any products purchased by you pass to you upon our transfer of the products to the carrier.
If you would like a shipping estimate for orders outside of North America, we would be happy to assist you. Please email us at contactus@fineanddandycompany.com for more information.
Please allow up to 6 weeks for delivery in North America. Shipping times may vary for international orders. All shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We will not be held responsible for additional shipping charges incurred if packages are returned due to customer absence or errors in shipping addresses. If you refuse any shipments from FINE & DANDY, you remain responsible for all charges (including any additional charges incurred to attempt subsequent deliveries).
Samples
We mail our samples via Canada Post. Our samples include postage within North America.
For International delivery, additional fees will apply. International customers can email FINE & DANDY at contactus@fineanddandycompany.com to place an order for samples and to request a quote for postage. Lead time for samples will be approximately two to three weeks. This applies to North America only. International delivery times may vary.
Returns
FINE & DANDY wallcoverings are made to order and all sales are final.
Damage Report on Shipments
We inspect and pack our products with care in an effort to ensure that they arrive in the same condition in which they are shipped. Please inspect the packaging of our item(s) when they arrive. If you notice any damage, you should make note of it when signing for delivery. If your item(s) do arrive damaged, please send photos by email to contactus@fineanddandycompany.com within seven (7) business days of receipt of order. If you do not provide photos within such seven (7) business day period, you will be deemed to have confirmed that the product packaging arrived free of any damage.
Installation and Cleaning
Our products do not come with installation. FINE & DANDY highly recommends that all products be installed by a professional with experience in installing wallcoverings. For local purchases, FINE & DANDY may provide a referral to a third-party for installation. FINE & DANDY is not affiliated with any such third-party. Should you choose to retain an installer referred to you by FINE & DANDY, you will retain such installer directly and FINE & DANDY will not be a party to that agreement.
FINE & DANDY SHALL NOT BE RESPONSIBLE FOR ANY BODILY HARM OR DAMAGE TO PROPERTY (INCLUDING OUR PRODUCTS) CAUSED BY THE INSTALLATION OF OUR PRODUCTS OR THE SURFACE ON WHICH SUCH PRODUCTS ARE INSTALLED (INCLUDING, WITHOUT LIMITATION, PEELING AND BUBBLING), WHETHER INSTALLED BY A THIRD-PARTY OR BY YOURSELF.
Our recommendations and estimates with respect to the amount of wallcovering required for your area are made in good faith but are not guaranteed. They are intended only as a guide to assist you when deciding the quantity of wall coverings required and best practices for installation and cleaning. Please see the Installation and Cleaning Instructions for further information at the following links: Metallic Installation Instructions Non Metallic Installation Instructions and Cleaning Instructions.
Disclaimer
WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO OUR PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING (WITHOUT LIMITATION) (i) ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS PURCHASED THROUGH THE SITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR SUCH PRODUCTS.
Intellectual Property
All content which forms a part of the Site, including without limitation, all text, trademarks (registered and unregistered), design, graphics, drawings, photographs, e-mails, pictures, video, code and software, and all organization and presentation of such content (together, the "Content"), is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws. You acknowledge and agree that the ownership right and title to such rights will continue and remain with FINE & DANDY or its licensors, as the case may be.
FINE & DANDY reserves all of its rights in the Content and Site. You are strictly prohibited from using any trademark, trademark pending, design rights, copyright or other Content without the prior express written consent of FINE & DANDY or its licensors, as the case may be.
You acknowledge that FINE & DANDY and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related designs (including wallcovering artwork and patterns), specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights and trademarks and other intellectual property rights, subject only to your right to use any products purchased through the Site for their intended purposes and for your own personal use. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products. You represent and warrant that you are buying products from the Site for your own use only, and not for resale or export.
Termination
We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach these Terms.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
Governing Law and Forum Selection
FINE & DANDY controls this Site from its offices within Ontario, Canada. You agree that all matters relating to access to, use of, or purchases through this Site will be governed by the laws of Ontario and, as applicable, federal laws of Canada. You also agree that the courts of Ontario have exclusive jurisdiction in respect of any disputes arising from use of this Site and any purchases made by you through this Site, including your installation and use of our products.
General Provisions
These Terms constitute the entire agreement between FINE & DANDY and you pertaining
to your use of our Site and purchase of our products. If any of the provisions (or parts thereof) contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Please note we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. No changes to these Terms shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. Please check the Terms periodically for changes. Your continued use of our Site following the posting of any changes to these Terms will mean you accept those changes.
Date: May 27, 2020.