Terms of service

Overview

Welcome to Tomo & Timber.

The terms “we,” “us,” and “our” refer to Tomo & Timber. Tomo & Timber operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).

Tomo & Timber is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory of residence, or that you have the consent of a parent or legal guardian where required.

To use the Services, including accessing or browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide that information.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account.

You may not transfer, sell, assign, or license your account to another person.

Section 2 — Our Products

We make reasonable efforts to provide accurate descriptions and representations of the products offered through our online store.

However, colours, finishes, textures, dimensions, and product appearance may vary slightly from how they appear on your screen due to device settings, display technology, photography, lighting, manufacturing variation, or other factors.

Product descriptions, specifications, availability, pricing, and other information may be changed at any time without notice.

We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction, where permitted by law.

Nothing in these Terms limits any rights or remedies available to you under applicable consumer protection legislation.

Section 3 — Orders

When you place an order, you are making an offer to purchase products from Tomo & Timber.

We reserve the right to accept or decline an order, subject to applicable law.

An order is not considered accepted until we have confirmed acceptance and successfully processed payment.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests once an order has entered processing or shipment.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number provided with the order.

Purchases are subject to our Return and Refund Policy, as well as any rights or remedies available under applicable law.

You represent that purchases are for lawful personal, household, or permitted business use and not for unauthorized resale, diversion, or export.

Section 4 — Prices and Billing

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged will be the price in effect at the time your order is placed, subject to correction of obvious errors.

Unless otherwise stated, listed prices do not include applicable taxes or shipping charges.

You agree to provide current, complete, and accurate purchase, payment, and account information.

You represent and warrant that you are authorized to use any payment method submitted in connection with an order.

You are responsible for applicable charges, including the purchase price, taxes, shipping charges, and any other charges clearly disclosed before checkout.

Section 5 — Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy.

Delivery estimates are provided for convenience only and are not guaranteed.

We are not responsible for delays caused by carriers, weather, transportation disruptions, remote delivery conditions, regulatory requirements, or other events outside our reasonable control.

If a shipment is delayed, lost, damaged, or otherwise affected in transit, please contact us. Where appropriate, we will work with the carrier to investigate the shipment and determine the next steps.

Our standard shipping rates, free-shipping thresholds, exclusions, fuel-shipping restrictions, remote-destination provisions, and other delivery terms are set out in our Shipping Policy.

Section 6 — Intellectual Property

The Services, including trademarks, trade names, logos, text, photography, images, graphics, video, audio, product descriptions, design elements, and other content, are owned by or licensed to Tomo & Timber and are protected by applicable Canadian and international intellectual property laws.

These Terms permit you to access and use the Services for personal, lawful, non-commercial purposes.

You may not reproduce, distribute, modify, republish, display, transmit, sell, license, scrape, extract, or otherwise exploit any material from the Services without prior written permission, except where permitted by law.

Nothing in these Terms grants you any ownership interest or licence in the trademarks, copyright, branding, designs, or other intellectual property of Tomo & Timber, Shopify, our suppliers, or any third party except as expressly provided.

Tomo & Timber names, logos, product names, service names, designs, and slogans are trademarks or other intellectual property of Tomo & Timber or their respective owners.

Shopify’s names, logos, products, and services remain the property of Shopify or its licensors.

Section 7 — Optional Tools

We may provide access to tools or services offered by third parties.

We do not necessarily monitor or control those tools.

Access to third-party tools may be provided on an “as is” and “as available” basis, subject to applicable law.

Your use of third-party tools is at your own discretion and may also be subject to the terms and policies of the relevant third-party provider.

We may introduce new features, tools, or services from time to time, and those features will form part of the Services and be subject to these Terms.

Section 8 — Third-Party Links

The Services may contain links to third-party websites, content, services, or applications.

We are not responsible for reviewing or verifying all third-party content, products, policies, or practices.

If you access a third-party website or service, you do so subject to that third party’s own terms and policies.

Tomo & Timber is not responsible for losses or damages arising solely from your use of third-party websites or services, except where applicable law provides otherwise.

Questions or concerns relating to a third-party product or service should generally be directed to the relevant third party.

Section 9 — Relationship with Shopify

Tomo & Timber is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Tomo & Timber.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Tomo & Timber, including any injury, damage, or loss resulting from purchased products and services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Tomo & Timber.

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Section 10 — Privacy Policy

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may also collect and process certain information in connection with your access to and use of the Services.

Information may be processed by service providers located outside your province or country of residence, subject to applicable privacy law.

Please review our Privacy Policy for more information about how personal information is collected, used, disclosed, retained, and protected.

Section 11 — Feedback

If you submit reviews, suggestions, ideas, photographs, comments, or other content to us, you grant Tomo & Timber a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, adapt, and distribute that content for purposes connected with operating, improving, and promoting the Services.

You represent that you have the necessary rights to provide such content and that your submission does not violate applicable law or the rights of any third party.

You remain responsible for the content you submit.

We may remove content that we reasonably believe is unlawful, misleading, defamatory, abusive, infringing, obscene, or otherwise inappropriate.

Section 12 — Errors, Inaccuracies, and Omissions

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, transit estimates, or other information.

We reserve the right to correct errors, update information, or cancel affected orders where information is inaccurate, subject to applicable law.

Section 13 — Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to:

• violate applicable international, federal, provincial, territorial, or local law;
• infringe intellectual property or privacy rights;
• harass, abuse, threaten, defame, or harm another person;
• submit false, misleading, fraudulent, or unlawful information;
• transmit malware, viruses, or harmful code;
• interfere with the operation or security of the Services;
• scrape, extract, copy, reproduce, or commercially exploit the Services without authorization;
• impersonate another person or organization;
• collect personal information about others without authorization;
• spam, phish, or conduct fraudulent or deceptive activity; or
• bypass or attempt to bypass security, access-control, or anti-automation measures.

We may suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

Section 14 — Automated Agents

If you use software, automated systems, bots, artificial intelligence tools, or other autonomous or semi-autonomous agents to interact with the Services, those tools must comply with these Terms and any technical restrictions we apply.

Automated tools must not conceal their automated nature, bypass access controls, evade security measures, circumvent CAPTCHAs, or interfere with normal operation of the Services.

We may restrict, limit, or block automated access at our discretion, subject to applicable law.

Section 15 — Termination

We may suspend or terminate access to the Services where permitted by law, including where these Terms are violated.

Termination does not affect rights, obligations, or liabilities that arose before termination.

Provisions that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, liability, indemnification, privacy, and governing law.

Section 16 — Disclaimer of Warranties

To the extent permitted by applicable law, the Services and information made available through them are provided on an “as is” and “as available” basis.

We do not guarantee that the Services will always be uninterrupted, error-free, secure, or available.

Product warranties, where applicable, may be provided by Tomo & Timber, the manufacturer, or another party and may vary by product.

Nothing in these Terms excludes or limits warranties, conditions, guarantees, or statutory rights that cannot lawfully be excluded under applicable consumer protection legislation.

Section 17 — Limitation of Liability

To the fullest extent permitted by applicable law, Tomo & Timber and its directors, officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential losses arising from use of the Services or products purchased through them.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Where liability may lawfully be limited, our liability will be limited to the extent permitted by applicable law.

Section 18 — Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Tomo & Timber, Shopify, and their respective affiliates, directors, officers, employees, agents, contractors, licensors, and service providers from third-party claims arising from:

1. your breach of these Terms;
2. your violation of applicable law;
3. your infringement of the rights of another person; or
4. your unlawful use of the Services.

We will provide reasonable notice of any claim where required and may participate in or control the defence of such claim as permitted by law.

Section 19 — Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and, where necessary, severed from the remainder of the Terms.

The remaining provisions will continue in effect.

Section 20 — Waiver and Entire Agreement

A failure by Tomo & Timber to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with the policies and notices incorporated by reference, form the entire agreement between you and Tomo & Timber regarding use of the Services.

Section 21 — Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations where permitted by law.

Section 22 — Governing Law

These Terms of Service and any separate agreements through which we provide the Services are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Subject to any rights you may have under applicable consumer protection legislation, you and Tomo & Timber agree that disputes will be resolved in the courts of Ontario, Canada.

Section 23 — Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

Section 24 — Changes to These Terms

You may review the most current version of these Terms at any time on this page.

We may update or replace portions of these Terms from time to time.

Where required by law, we will provide notice of material changes.

Continued use of the Services after changes take effect constitutes acceptance of the revised Terms, to the extent permitted by law.

Section 25 — Contact Information

Questions about these Terms of Service may be sent to:

Tomo & Timber
Ikonica Images Corp. o/a Tomo & Timber
Email: hello@tomoandtimber.com
Address: 18 Donald Ingram Cres, Keswick, ON L4P 0S3
Phone: +1 (416) 259-6795