• sidetags2_01-off
  • sidetags2_02-offsidetags2_03-offsidetags2_04-offsidetags2_05-offsidetags2_06-off
  • sidetags2_07-offsidetags2_08-offsidetags2_09-offsidetags2_10-offsidetags2_11-off

TERMS AND CONDITIONS

 

Please read these terms and conditions carefully (the “Terms”). If you use the website (including mobile websites), applications, or other services on which these Terms appear (MMPI), that means your understand and accept these Terms.

These Terms may change from time to time. If we make changes, we will let you know by posting the changes on our website. 
These Terms and any other legal terms found elsewhere on this web site are the entire agreement between you and MMPI with respect to your use of our website. These Terms and other legal terms on our site supersede any and all other understandings or agreements, written or oral, regarding your use of our website.

From time to time we may update these Terms.  Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  MMPI may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that MMPI will have no liability to you if this Site is discontinued or your ability to access this Site or any content you may have posted on the Site is terminated.

1. NO WARRANTY; LIMITATION OF LIABILITY
MMPI strives to ensure that the information contained in this website is accurate and reliable, however errors may sometimes occur. MMPI HEREBY NOTIFIES YOU THAT THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MMPI DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER CONTAINED ON OR RELATING TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. MMPI WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURIES CAUSED BY USE OR INABILITY TO USE THIS SITE OR ANY FEATURE ON THIS SITE (SUCH AS VIRUSES, OMISSIONS, MISSTATEMENTS, MISTAKES, INTERRUPTIONS, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MMPI'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES). In no event shall MMPI's total liability for all damages, losses, and causes of action exceed five dollars ($5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, as a result, the above limitation or exclusion may not apply to you.

You understand that any reliance on the Site or any Content is at your own risk. We make no representations regarding the amount of time that any Content will be preserved, including any User Content (as hereafter defined). MMPI may from time to time revise the information, services and the resources contained in this Site. MMPI reserves the right to make changes without any obligation to notify past, current or prospective visitors. In no event shall MMPI be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You understand that we may, in our sole discretion and at any time, discontinue this Site or any part thereof, with or without notice. You agree that you do not have any rights in this Site, and that we will have no liability to you if this Site is discontinued or your ability to access it is terminated.

2. TRADEMARK AND COPYRIGHT OWNERSHIP
The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing that appear on or are incorporated into the Site ("Content") are the property of MMPI, its licensors, or are used subject to fair use provisions of the law, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displaying, distributing, or transmitted without the express written permission of MMPI.

Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Site, the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. By visiting the Site, you agree not to display or use any Content or third party content located on the Site in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits MMPI and/or its licensors, that dilutes the strength of MMPI or its licensors' property, or that otherwise infringes MMPI or its licensors' intellectual property rights.  

MMPI understands that from time to time you may wish to use the MMPI marks, and hereby grants you this limited license to use MMPI marks subject to the following terms:

  • You may make fair use of MMPI’s marks. MMPI supports free speech and you do not need permission to make legitimate commentary about MMPI, the company, or MMPI’s services.
  • You must distinguish the MMPI marks from surrounding text by, for example, capitalizing the first letter of the MMPI marks.
  • You must spell the MMPI marks properly.
  • You may not incorporate the MMPI marks or a confusingly similar mark into, for example, the name of your business, organization, non-profit organization, event, or trademark.
  • You may not remove, alter, distort or modify the MMPI marks, including adding other terms to the MMPI marks to create new words.
  • You may not use the MMPI marks or a confusingly similar mark in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by MMPI, Inc. or that can be reasonably interpreted to suggest information comes from, or represents the views or opinions of MMPI, Inc. or an MMPI employee.
  • You may not, without prior permission, use the MMPI marks in the name of your product or service, or otherwise in your product.
  • You may not use any trademarks, service marks, trade dress, designs or logos that are confusingly similar to the MMPI marks or the look and feel of the MMPI website.
  • You may not use the MMPI marks in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation.
  • You may not use the MMPI marks in a manner that is in MMPI’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, tarnishing, obscene or otherwise objectionable to MMPI.


You agree that if you violate this prohibition, we will pursue all of our legal remedies. You will be responsible for any losses or fees MMPI may incur because of your violation. Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Site, or trademarks, service marks, or trade dress found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

This Site may also contains trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. If a third party makes a claim or initiates suit against MMPI due to your use of these other marks without the permission of the proper party, you agree to indemnify and hold MMPI harmless from such claim or suit.

If you are a trademark or copyright owner and you believe that your rights have been violated, please submit our Proprietary Rights Complaint Form, and any questions you might have, to our designated agent: Cheryl M. Longstreet, Merchandise Mart Properties, Inc., 222 Merchandise Mart Plaza, Suite 470, Chicago, IL 60654, clongstreet@mmart.com. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues. For general questions please e-mail webmaster@mmart.com.



 

3. INTERACTIVE AREAS
On certain areas of our Site, users can create accounts and post material, communicate with each other, and network with third parties (for example, at viewrooms.com and in the marketplace). We may also permit certain users and third parties to sell materials and services through our Site.  

You understand and agree that third party postings, including items offered for sale on this Site, are created by and sold by the third parties, that MMPI is not directly involved in the transaction between buyer and seller, and that MMPI has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. MMPI does not pre-screen users or the content or information provided by users, and cannot ensure that a buyer or seller will actually complete a transaction.expressly disclaims all liability for your use or purchase of these items.  MMPI cannot guarantee the true identity, age, and nationality of a user. MMPI encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.  You agree that MMPI is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on MMPI. You use the MMPI service at your own risk.

By creating an account or agreeing to work with us via this website and using these interactive features you are governed by and subject to the posting rules ("Posting Rules"), below.
 



4. POSTING RULES
We may terminate your account or refuse to work with you further if we believe you violated the Posting Rules, these Terms, or any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). We may monitor any and all messages, postings, or other content sent to the Site or items sold through this Site. We may remove or refuse to post anything that we believe violates the Posting Rules, the Terms, the law, or is otherwise inappropriate. MMPI does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.

  • No Illegal, Infringing or Abusive Message Content: You are responsible for the content you post and items you list for sale in any interactive feature on the Site ("Postings" or “User Content”). You agree not post anything that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate.  You further agree not to list for sale any items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers or otherwise subject to recall. You also agree not to list any item for sale or complete any transaction that could cause MMPI to violate any applicable rule, law, statute, ordinance, regulation, or that otherwise violate these Terms or Posting Rules.
  • No Violations of Third Party Rights: You agree that you will not post any content that infringes the rights of a third party. This includes that party's trademark, copyright, patent, trade secret or other intellectual property rights. You agree you will not post anything that contains personal information about any individual or violates the privacy of anyone. You will not post anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of MMPI. You will not imply an affiliation with another person or organization. You will not post any content that contains slanderous or libelous comments about others.
  • Account Information: You may never share or transfer your account with any other party. It is your responsibility to keep your password confidential and secure. You must notify MMPI if your password has been lost, stolen, or otherwise compromised. Upon notification, we will suspend access or change access to your account immediately.
  • No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites. You agree you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may harm MMPI's system or a third party's computer. You further agree that you will not post any content that damages the operation of the Site or feature on the Site. You agree you will not transmit any destructive codes that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Miscellaneous: All Postings must be written by a person aged 18 or older. All Postings must be written in English using commonly accepted standards of spelling and grammar, be submitted only one time, and be free from HTML tags or URLs.  You agree not to make any Postings that will create liability or appear to create liability for MMPI, or would cause MMPI to lose (in whole or in part) the service of its ISPs or other vendors and suppliers.

Each author is responsible for his or her Postings. MMPI is not responsible for any materials, information or opinions expressed in the Postings. The Postings do not necessarily reflect the opinions of MMPI. If you believe that a Posting was posted in violation of these Posting Rules or Terms, please contact us at webmaster@mmart.com. MMPI may not acknowledge receipt of your complaint. MMPI will not act as arbiter of disputes arising from third party communications or transmission to the Site.




5. USER CONTENT LICENSE
You hereby grant MMPI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in your User Content, in any media now known or not currently known. You agree to allow MMPI to store or re-format your User Content on this Site and display your User Content on this Site in any way we choose.

By posting User Content on MMPI, it is possible for an outside website or a third party to re-post that Content. You agree to hold MMPI harmless for any dispute concerning this use. If you choose to display your own MMPI-hosted image on another website, the image must provide a link back to its listing page on MMPI.

 

6. SPECIFIC TERMS FOR SELLING ON MMPI SITES
If you have been authorized by MMPI to create a sales area and sell products or services on the Site, as part of a transaction, you may obtain personal information, including email address and shipping information, from another MMPI user. You agree to only use this personal information for that transaction or for MMPI-related communications, unless you obtain prior permission from the other user. MMPI has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any MMPI user to your email or physical mail list. For more information, see MMPI's Privacy Policy.

By listing an item on the Site you warrant that you and the item comply with MMPI's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your MMPI shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

All sales are binding. The seller must ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer must deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

The price stated in each item listing description must be an accurate representation of the sale. If applicable, Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding MMPI transaction fees, misrepresent the item's location, or use another user's account without permission.


7. SPECIFIC TERMS FOR BUYING ON MMPI SITES
Please note ALL SALES ARE FINAL, and that the One of a Kind Online Shop cannot accept any cancellation, return or refund of your order.



Payment


By making a purchase at the One of a Kind Online Shop, you agree to pay for all charges noted herein as payable by you.  All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.



Pricing & Effect of Errors


The One of a Kind Online Shop strives to ensure that all prices listed online are correct. However, in the event where erroneous information is disseminated, the One of a Kind Online Shop will contact the “Customer” (by phone and/or email) to notify he/she of the error, and to confirm whether or not he/she would like the One of a Kind Online Shop to proceed with his/her order. If the “Customer” cannot be reached within five (5) business days, the order will be cancelled.

Restrictions on Purchases

  • You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted.
  • To make a purchase from the website, you must be 18 years of age or older.
  • The One of a Kind Online Shop will only deliver to an address within Canada (no PO Box addresses please).

Shipping


All products are shipped directly from the artisans to the customers using Fedex Ground Service.

All prices listed on the One of a Kind Online Shop do not include shipping charges. Shipping cost is $10 per product. Additional shipping charges may apply (Rural Delivery Surcharges from Fedex) if your address is in non major centres and remote locations.

At the discretion of the driver, Fedex may leave your package in a “safe and secure” area when delivering to a residential address. If you are uncomfortable with this policy, please deliver your package to an address where you can receive it in person. 

Please note that on each of the product listing page, an estimated shipping and delivery time will be indicated, and that the seller(s) will in their best attempt deliver the products within this time frame. 

If your product is not made to order (this information will be indicated on the product listing page), you should receive your order within 7 business days. If the product is made to order, you will see on the product listing page the expected completion time before a product can be shipped. For example, if your product requires 7 business days before completion, please expect 14 business days before you will receive your product (7 business days to complete your order, and 7 business days for shipping).




Please note that the One of a Kind Online Shop will not be responsible for reimbursement or compensation in the event where the shipped package is delayed, lost, stolen or damaged. If delivery is delayed, the Seller will contact you as soon as possible to work out an alternative delivery schedule. If your address is in non major centres and remote locations, please allow for extra time for delivery. Thank you for your understanding. If your package is not received after a reasonable amount of time, please contact the artisan(s) directly to resolve the issue.



 

8. COMMUNICATING WITH MMPI
You may be able to contact us via email on certain areas of our Site.. You may contact us to sign up for services like e-mail notifications and newsletters about our products, to register for sweepstakes or contests, or to participate in our interactive forums, like chat rooms and message boards. The information that you provide to us through this Site is governed by our Privacy Policy.

You understand that we will not treat any materials, ideas or other communications you transmit to us as confidential or proprietary. You agree that we may use anything you send to MMPI anywhere, anytime, and for any reason whatsoever. If, at MMPI's request, you send User Content to improve the site (for example through the forums or to customer support), MMPI will also consider that User Content to be non-confidential and non-proprietary and MMPI will not be liable for use or disclosure of the User Content. All of your communications with MMPI are subject to this Agreement.  You acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like (the “Material”). With respect to the Material you acknowledge that: (a) MMPI receives numerous submissions from many parties and/or may have independently developed and/or considered similar Material and that MMPI’s review of the Material is not an admission of novelty, priority or originality; and (b) MMPI’s use of any similar Material whether based on your User Content, provided to MMPI by third parties, or independently developed or considered by MMPI, shall be without obligation to you.

 

9. RELEASE AND INDEMNIFICATION
MMPI does not control the User Content provided by users on MMPI. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. You agree that MMPI (and MMPI's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on this Site. Please use caution, common sense, and practice safe buying and selling when using this Site.

Should you have a dispute with one or more users, or an outside party, you release MMPI (and MMPI's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. MMPI encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

You agree to indemnify and hold MMPI, our parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of Postings you submitted, posted, or otherwise provided to us. 



10. HYPER-LINKS TO THIRD PARTY SITES
The Site may link to websites not maintained or related to MMPI. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this Site or MMPI. MMPI has not reviewed any or all of the sites hyper-linked to or from this website and is not responsible for the content of any other sites. Information you submit at a third party site accessible from this Site is subject to the terms of that Site's privacy policy, and MMPI has no control over how your information is collected, used, or otherwise handled. The links are to be accessed at the user's own risk, and MMPI makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Further, MMPI does not implicitly endorse third-party sites hyper-linked to this website.



 

11. OUR SITE AND CHILDREN
Children under the age of 13 may not register to use the interactive features of our website. This includes signing up for e-mail notifications, online sweepstakes, chat rooms and message boards. Our Privacy Policy explains the types of information we collect from children between the ages of 13 and 17.




12. MISCELLANEOUS
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any of our services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you are responsible for paying any taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on MMPI's net income).

Both you and MMPI acknowledge and agree that no partnership is formed. Neither you nor MMPI has the power or the authority to obligate or bind the other.

This Agreement will be governed by and construed in accordance with the laws of Ontario.
 

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.