Save 20% on all orders using discount code HAPPYHOLIDAYS

Terms & Conditions

Last Updated: June 18, 2019

1. Introduction
These terms of service (the “Terms”) are a legal agreement between you (“you”, “your”) and Off The Wall On The Fence (“we” or “us”) governing your use our website at offthewallonthefence.com (the “Site’) and the services provided by us (collectively, the “Service”). By agreeing to these Terms or by using our Service, you agree to be bound by these Terms, as they are amended from time to time, and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Service immediately.

These Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency. These Terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific content, products or services made available or supplied by us using the Service. Additional Terms will be made available on relevant pages of the Service. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms.

This Site is intended for and directed to residents of Canada and the United States over the age of 18 years.

2. Modifications to the Terms
These Terms are dated as of the “Last Updated” date set out above. We reserve the right to vary these Terms from time to time. We will notify you by posting the updated Terms on the Service and revising the “Last Updated” date above. By continuing to use the Service following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
3. Restrictions on Use
As a condition of your use of the Service, you agree:
  • (a) that you are responsible for the accuracy of all information that you provide to us;
  • (b) that you are responsible for keeping your password and other account details confidential and for notifying us immediately of any unauthorized use of your account or any breach of security known to you;
  • (c) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
  • (d) not to, in any manner, violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
  • (e) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
  • (f) not to use the Site in a false or misleading manner;
  • (g) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law;
  • (h) not to impose an unreasonable load on our infrastructure or interfere with the proper working of the Site; use any robot, spider, scraper or other automated means to access the Site and collect content for any purpose without our express written permission; or use the Site to distribute viruses or malware or other similar harmful software code;
  • (i) not to harvest or otherwise collect information about others, including email addresses, without their consent;
  • (j) not to bypass measures used to prevent or restrict access to the Site;
  • (k) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
  • (l) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
We reserve the right to prevent or suspend your access to the Service if you do not comply with any part of these Terms or any applicable law.
4. Availability of Products
Products listed on our Service may not be available at the time you make your order.
5. Acceptance of Orders
Once you place an order, we will send you a confirmation to the e-mail address that is associated with your account or that you provided to us when you completed your order. The confirmation does not constitute an acceptance of your order. Your order will only be accepted once the products are ready to be shipped and payment has been processed. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the payment method which you provided for payment.
6. Delivery
We use third-party carriers to ship our products to you. Estimated delivery dates are estimates only. Your order may arrive before or after the estimated delivery date. Depending on the size and availability of products, your order may be delivered to you in several shipments. We are not responsible for the loss of any products once the order has been shipped to the delivery address you provided.
7. Cancellation and Returns
You may cancel your order within 48 hours of purchase for a full refund. In addition, if you are unsatisfied with your product for any reason, you may contact us within 30 days of purchase and return your product to us for a full refund. In all other cases, all sales are final.
8. Fees and Payment Terms
During the check-out process you will be provided with a list of the products you are purchasing, their price, and a list of additional charges. You will be asked to confirm your order at the end of the check-out process. By clicking "confirm", you agree to pay us the amount of the order total. Unless otherwise provided, the order total is set out in Canadian dollars and includes shipping and handling fees and applicable taxes. If your order is being shipped outside of Canada, your order may be subject to additional customs charges, taxes or duties, which may not be included in the order total and which you are responsible for paying. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be shipped.
9. Promotions
We may from time to time issue gift or promotional codes relating to the purchase of the products. These gift or promotional codes will only be available on the terms specified at the time of issue. We reserve the right to reject the use of any gift or promotional code not in compliance with the purposes for which it was granted.
10. Ownership, use and intellectual property rights
All intellectual property rights in the Service including, without limitation, all information, data, text, software, images, video, audio or other multimedia content or other content (“Content”) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.

11. Submitting content to the Site
The Site enables you to submit content, which may include images, information, data, text and other multimedia content (“User Content”), to the Site. By submitting User Content to the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, publish and otherwise disclose to third parties any such User Content for any purpose, including to produce your products and/or incorporate such User Content into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Content.

By submitting the User Content you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content comply with applicable laws and these Terms.

You understand and agree that you, not Off The Wall On The Fence, are fully responsible for any User Content you submit, and you are fully responsible and legally liable including to any third party for such User Content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Website.

12. Accuracy of information and availability of the Site
While we use reasonable efforts to include accurate and up-to-date information on the Site, including information about each product and specifications, we do not represent, warrant or promise (whether expressly or by implication) that any Content is accurate, complete and up to date, free from, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.

Content on the Site is provided for your general information purposes only and to inform you about us and our products and services. It does not constitute technical or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.

13. Links and third party websites
The Service may contain links to third party websites. These links are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party website will be governed by any applicable terms of that third party website.
14. Warranties and limitation of liability
You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for a particular purpose.

The colour of printed products may vary from what is displayed on your monitor. This is considered normal and is due to differences in the way in which colour is presented on a monitor and in print. As a result, we do not guarantee that the colour of a printed product will match the colour of the photograph when displayed on a monitor. If you are unsatisfied with the colour of your product, your sole remedy is to return it in accordance with our return policy described above.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.

We will not be liable for any loss or damage arising out of or in connection with your use of the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.

If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the use of any Content) exceed the greater of the total amount paid by you to us for the order which is the subject of the claim (exclusive of shipping and handling, taxes and customs charges, taxes or duties), and (b) One Hundred Canadian Dollars ($100.00 CAD).

15. Indemnification
You agree at all times to indemnify, defend and hold us harmless and our agents, suppliers, affiliates and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of your use of this Site; any alleged violation by you of these Terms; or any alleged violation of any applicable law or regulation.
16. Dispute Resolution and Arbitration
Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to these Terms, the Service, the relationship between you and Off The Wall On The Fence or any transaction conducted on the Site (a "Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Off The Wall On The Fence at info@offthewallonthefence.com and to you at the email address associated with your account or which you provided in connection with your last order.

If you and Off The Wall On The Fence are unable to settle the Dispute by negotiation, the Dispute shall be finally resolved by arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. (the “Institute”). The arbitration shall be conducted by a single arbitrator selected by the Institute. The costs of the arbitrator shall be divided equally between the parties. The arbitration shall be held in Toronto, Ontario. The language of the arbitration will be English.

17. General
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at info@offthewallonthefence.com and all notices from us to you will be displayed on our Site from to time or sent to you at the email address associated with your account or which you provided in connection with your last order.

If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms (together with the Privacy Policy contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions.

17.1 The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.