Terms & Conditions
These terms and conditions are entered into by and between You and Balsam Brands Inc. (“Balsam Hill”). The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms and Conditions”), govern your access to and use of www.balsamhill.com, including any content, functionality, products, and services offered on or through www.balsamhill.com (“Website”), whether as a guest or registered user. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, AS WELL AS OUR PRIVACY POLICY. By using the Website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept or agree to be bound by these Terms and Conditions as well as our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms and Conditions, please do not use the Website. Additionally, if you reside in the European Union or Australia, please do not use the Website but, instead, visit one of our three affiliated European or Australian websites (links below and at the bottom of our home page). By using this Website, you represent and warrant that you are of legal age to form a binding contract with Balsam Brands Inc., which owns and operates this Website, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Copyright
The entire content included in the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Balsam Hill. The collective work includes works that are licensed to Balsam Hill. Copyright 2019, Balsam Hill, ALL RIGHTS RESERVED. Balsam Hill does not investigate to determine if such works are accurate nor can Balsam Hill provide assurance that all such works are free of typographical errors. Balsam Hill cannot guarantee information displayed on the Website to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Balsam Hill or purchasing Balsam Hill products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Balsam Hill or to purchase Balsam Hill products. No mechanized or other systematic process for harvesting information from the Website for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Balsam Hill. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
Trademarks
All trademarks, service marks and trade names of Balsam Hill used in the Website are trademarks or registered trademarks of Balsam Hill.
Website Warranty Disclaimer
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BALSAM HILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BALSAM HILLDOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BALSAM HILL DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Product Disclaimer
PRODUCTS PURCHASED ON THE BALSAM HILL WEBSITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES SET FORTH ELSEWHERE ON THIS WEBSITE, WHICH WARRANTIES ARE EXPRESSLY INCORPORATED INTO THESE TERMS AND CONDITIONS. OUR CURRENT WARRANTY POLICY, WHICH TOOK EFFECT AS OF AUGUST 25, 2018, IS FOUND HERE. FROM TIME TO TIME, BALSAM HILL MAY AMEND ITS WARRANTIES. BALSAM HILL MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAY BE HARMFUL AND/OR ILLEGAL. BALSAM HILL ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES BALSAM HILL FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.
Shipping & Handling And Orders
Balsam Hill will ship products according to the shipping & handling option selected by you at checkout. Balsam Hill reserves the right to change the shipping options as needed. You agree that your order is an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For avoidance of doubt, the receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Balsam Hill reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Limitation of Liability
BALSAM HILL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF BALSAM HILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Typographical Errors
Balsam Hill strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time (even if during a sale or promotion period) and to refuse or cancel any orders arising from such occurrences. Balsam Hill reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Balsam Hill shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be modified or terminated by Balsam Hill without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.
Notice
Any time that Balsam Hill determines, in our sole discretion, that we should or are obligated to communicate with you, we may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Balsam Hill. In accordance with our Privacy Policy, we may contact you in certain circumstances – including by email – even if you have asked us not to send you mail or email communications.
Use of Website
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Balsam Hill or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. 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. Use of the Website for any illegal or unauthorized purpose is strictly prohibited. Balsam Hill may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who violate this policy. You understand and agree that Balsam Hill cannot be responsible for the content posted on the Website by users and that your use of the Website is at your own risk. Balsam Hill is under no circumstances liable in any way for any content posted on the Website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the Website by users.
Participation Disclaimer
Balsam Hill does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Balsam Hill is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Balsam Hill reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Balsam Hill in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Balsam Hill, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions, any content posted to or made available on the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
License
Notwithstanding anything to the contrary in these Terms and Conditions, with respect to content you submit or make available for inclusion on the Website, you grant Balsam Hill the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Website for any purpose.
Privacy
Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy below.
You acknowledge and agree that Balsam Hill may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Balsam Hill, Balsam Hill users, and the public.
You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links
In an attempt to provide increased value to our visitors, Balsam Hill may link to sites operated by third parties. However, even if the third party is affiliated with Balsam Hill, Balsam Hill has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Balsam Hill. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Balsam Hill seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).