Terms of service

TERMS AND CONDITIONS

Thank you for using the Knife Maker Direct website (the "Site"). These terms and conditions and any policies which are incorporated by reference (the “Terms”) are a legal agreement between you (“you”) and 2294269 Alberta Ltd. (referred to as "us", "we", or "our") and apply to the purchase and sale of products through our Site.  By placing an order to purchase products through our Site, you agree to be bound by these Terms. 

Please read all the Terms before you indicate acceptance at checkout.  They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. If for some reason you do not accept these terms, fair enough, but then you may not complete your purchase or use our site.   By the way, you are bound by these terms even if you do not read all the terms.

  1. Review of Order. To order products, you must place an order, and you can checkout as a guest or you can register and create an account. Please ensure you review your order on the checkout page before submitting your order to us.
  2. Acceptance and Cancellation. You agree that your order for products is an offer to buy, under these Terms.  All items listed in your order must be accepted by us or we will not be obligated to sell the products to you.  We may choose not to accept orders at our sole discretion. By placing an order for products from our Site, you confirm that you agree to these Terms and are old enough to enter into an agreement with us.
  3. Product Changes. We update our catalogue from time to time. Products may change or be discontinued at any time.  We will deliver products that have correspond to the products you ordered, but it is possible that you may see minor changes between what is delivered and what is described online. We may ship products with minor specifications changes, provided that the item has the same functionality, performance and characteristics of the ordered products. We make every effort to display the colours, materials and styles of products as accurately as possible, but the actual items may appear or seem slightly different than how they appear on our site.  Actual colours, textures and qualities sometimes appears to differ, depending on photographic processes, the information we receive from our suppliers, the browser you use, or the quality of your screen.  Products may differ slightly from how depicted in illustrations, photography or descriptions.
  4. Prices and Payment Terms.
    • All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive 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 and to cancel any orders arising from such occurrences.
    • Terms of payment are as set forth in the checkout page and confirmation email. You represent and warrant that: (i) the credit card information you supply to us is valid, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend orders until all overdue amounts are paid in full.
  5. Shipments; Delivery; Title and Risk of Loss.
    • We will arrange for our suppliers to ship the products to you at the address given by you in the checkout page. Please check the checkout page for specific delivery options. You will be responsible to pay all shipping and handling charges unless otherwise specified in the order confirmation.
    • Title and risk of loss pass to you upon transfer of the products to the common carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  6. Returns and Refunds. Refunds are processed in accordance with our Refund Policy. By agreeing to these Terms, you agree to the Refund Policy which is incorporated by reference.  Please read that policy carefully.
  7. Risk Acknowledgement. You are aware that we sell knife-making supplies and tools and using or working with some of our products may involve certain risks, dangers, and hazards, including but not limited to the risk of serious injury, death or property damage. You must take appropriate personal safety precautions, such as gloves, dust masks, eye protection and other personal protective equipment to prevent injury. You expressly waive and release any and all claims which you have against us, due to any injury, death or property damage, arising out of or attributable to the use or misuse of any products from our Site.
  8. Limited Warranty and Disclaimers.
    • We warrant certain products that we have processed, manufactured, manipulated or cut to size, such as wood block handles or blade parts, to be free from defects for a period of 30 days from purchase. Other products are resold from third-party manufacturers and we do not provide a warranty for those products but we will make any manufacturer’s warranty available to you for those third-party products. We will make all reasonable efforts to make our Site available to you subject to downtime for maintenance or other reasonable business reasons. Other than this, we make no promises, representations, warranties or conditions, and we disclaim all warranties.
    • The availability of certain products through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Other than as states above, we do not provide any conditions or warranties with respect to the products offered on our Site. Third-party products offered on our Site may be covered by a manufacturer's warranty as detailed in the product's description on our Site and as set forth in the applicable warranty terms or warranty policy published on our Site, or specific to a particular product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
    • EXCEPT FOR THE WARRANTY IN SUBSECTION (A) ABOVE, AND THE MANUFACTURER'S WARRANTY (IF ANY) AS SET FORTH IN SUBSECTION (B) ABOVE, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) 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.
    • We will not be liable, under any circumstances, for shipping or delivery or any breach of warranty or condition claims or for any damages arising out of the third-party manufacturer's failure to honour its warranty obligations to you. We do not provide any warranty or promise due to damage or related injury due to external causes, user error, or other causes beyond our control, including without limitation failure to use safety precautions when handling products, accident, misuse, or use, or care not in accordance with any product documentation, or if the product was damaged or lost by you.
    • Some jurisdictions limit or do not allow the disclaimer of implied or other conditions and warranties so the above disclaimer may not apply to you.
  9. Limitation of Liability.  
    • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, PERSONAL INJURY, DAMAGE TO PERSON OR PROPERTY, OR LOST PROFITS OR REVENUES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY SALE OF PRODUCTS THROUGH OUR SITE, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    • OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF $50, OR THE ACTUAL DOLLAR AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE DAMAGES OR CLAIM, WHICHEVER AMOUNT IS LESSER.
  10. Goods Not for Resale. You represent and warrant that you are buying products from the Site for your own use only and not for resale.
  11. Privacy. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site. By agreeing to these Terms, you agree to the Privacy Policy which is incorporated by reference.  Please read that policy carefully.
  12. Intellectual Property. You agree that the layout and content of our Site belong to us, as well as our brands and trademarks. All product designs, company names, brands, and logos displayed on our site may be the intellectual property of other owners, suppliers, or manufacturers. This intellectual property may not be copied without consent.
  13. 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, 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, epidemic, pandemic, 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.
  14. Governing Law, Disputes. These Terms and all related disputes or matters will be governed by the laws of the Province of Alberta, Canada, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the U.S. Uniform Commercial Code, and excluding any conflict of laws rules. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Alberta. If for any reason a Claim proceeds in court, you waive any right to a jury trial.
  15. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
  16. Entire Agreement. Our order confirmation, these Terms, our Privacy Policy and related policies will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
  17. These Terms are subject to change without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on this Site. You should review these Terms before purchasing any product that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

 

Last Updated DATE: MARCH 5 2021