These Terms of Sale (“Agreement”) are applicable to any order placed with and accepted by Tools of the Heart (supplier/website operator). They detail the rights and obligations of both Tools of the Heart and the customer (a person buying products through this website) in regards to the sale and purchase of physical and digital products on this website. Any work done by Tools of the Heart is expressly limited to, and implies the adherence of the customer to these Terms of Sale.
2. Intellectual Property
All texts, pictures, and audio/video recordings presented on Tools of the Heart‘s website or products are copyright-protected worldwide. All rights for translation, reproduction or adaptation, partially or fully, are reserved for all countries. Doing so, by any technological mean, is strictly forbidden without the written consent of Tools of the Heart.
All avaible products to purchase on this website, weither physical or digital, remain the intellectual property of Tools of the Heart. Their license of use and enjoyment is limited to the customer alone.
3. Products Presentation and Prices
All products liable to the Terms of Sale are presented in the Online Store portion of our site. Pictures are not subjected to liability. Tools of the Heart‘s responsability cannot be engaged if errors were introduced in the product’s pictures.
Our website displays prices in Canadian dollars. A currency switcher allows you to change its display to Euros or American Dollars. Taxes are applicable only for Canadian citizens, and are specified in the Shopping cart page. Shipping fees are excluded from the calculation of taxes.
Tools of the Heart can modified its prices at any given time.
The customer confirms his order when clicking on the Process Order link in the bottom of the Shopping Cart page, after accepting (checkbox) the Terms of Sale. Before this confirmation, the customer has the obligation to verify every element of his order, where he can eventually rectify any mistake. Tools of the Heart confirms the order by two means: 1.Order Confirmation page. 2.Email confirmation. All displaying the same informations.
The data recorded by Tools of the Heart establishes the proof of the nature, the content, and the date of the order. This data is archived by Tools of the Heart consequently to its legal obligations. The customer can access this information and the status of any past or current order by going into their My Account section.
5. Payment Modalities
Orders made on this website are payed in full upon completion, using two possible gateway; credit card payment with the Stripe website plugin, or through the PayPal website, which also supports credit card payment.
Although very rare, a completed order without successful payment may happen. If it does happen, the order remains pending. This means that the order will not be shipped or available for download until payment is resolved.
To remedy this situation, here’s what to do:
Step 1: Go to “My Account” by logging in (user and password required)
Step 2: Go to “My Orders”
Step 3: Click on the order that is pending, and follow the payment instructions.
6. Printing and Shipping
For the printing of its books, Tools of the Heart uses a “print-on-demand” service provided by Lightning Source LLC. This company owns three facilities across the world; one in the USA, on in England, and one in Australia. Shipment of the books sold through this website is being done directly from the Lightning Source LLC‘s facility that is the closest to the customer’s delivery address.
Tools of the Heart estimates a maximum delay of 24 hours to process the order and place it to Lightning Source LLC. The printing delay may be of 2 to 3 busines days, while the delivery delay may be of 4 to 6 busines days.
Every order is shipped without precision of delivery date. The date of delivery depends upon the customer’s address and the transport service used. In case of an error between the payed order and the received order, the customer can contact Tools of the Heart to remedy to this situation.
7. Product Return or Refund
According to Quebec’s Consumer Protection Bureau, a seller is in no obligation to take back, exchange, or refund a product, if that product has no defect. If there is a defect, the seller is obligated to exchange or refund it without any additional fees.
Consequently, Tools of the Heart will refund or replace a product only if there is an apparant fabrication defect causing a loss of use or enjoyment, for example; a printing error.
In that case, the customer has 15 days starting from the date of reception of the product, to ask for a refund or a replacement product.
In both two cases, here’s what to do:
- Take a picture of the problem as proof.
- Take not of the 2 codes located on the last page (blank) of the book. This allows to retrace and confirm the fabrication date to obtain a remedy.
- Send those two codes and picture(s) by email at the following email: firstname.lastname@example.org.
- The replacement process will become engaged.
In case of a replacement, the customer will receive a new product, within the same usual printing and shipping delays; 5 to 8 business days.
In case of a refund, Tools of the Heart will refund the customer in a maximum delay of 10 days following the acceptance of the refund.
8. Confidentiality and Website Security
The data recorded by Tools of the Heart during email inquiries or online transactions are used strictly for management purposes, and archived consequently to its legal protection and obligations. Tools of the Heart does not engage in sharing confidential information of its customers to any third party for profit, malevolent intents, or fraudulous activities.
The customer can access this information at any time by accessing his/her “My Account” section.
It is important to note that NO credit card information is recorded by Tools of the Heart.
9. Limitations of Liability
In no event shall Tools of the Heart or the customer be liable hereunder for incidental, special, indirect, consequential, or punitive damages even if advised in advance of the possibility for such damages. Tools of the Heart’s total liability for damages under this agreement and the order shall be limited to the total fees due hereunder for the order upon which a claim is based.
Tools of the Heart places its good faith in Lightning Source LLC. for the printing of its books, whom also places its good faith in third-party companies for its delivery/transport. Therefore, In no event can Tools of the Heart or Lightning Source LLC. be liable for a loss of use or enjoyment that could arise out of these third-parties’ own negligence or willful misconduct, or any other uncontrollable or unfornutate circumstances taking place sometime during transport.
Tools of the Heart places its good faith in third-party plateforms, softwares and plugins that are designed to, and advertized as efficient to: 1.Maintaining a high level of security and confidentiality in regards to Tools of the Heart‘s commercial activities and the confidential informations it records. 2.That are pro-active in keeping up-to-date with new technologies, tools, coding practices and processes. Therefore, In no event can Tools of the Heart be liable for any confidential information breach or theft due to fraudulous activities done by any third party.
10. Governing Law
This Agreement shall be governed by the laws of the province of Quebec, Canada. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a provincial court in the province of Quebec. With respect to any litigation arising out of this Agreement, the parties expressly waive any right they may have to a jury trial and agree that any such litigation shall be tried by a judge without a jury and the prevailing party shall be entitled to recover its expenses, including reasonable attorney’s fees, from the other party.