Terms & Conditions of Use
Last updated 21 May 2014
This website ("site") is operated by WWRD Canada, Inc. (referred to as "we/our/us"). As user of this site (referred to as "you/your") you acknowledge that any use of this site including any transactions you make ("use/using") is subject to our terms and conditions below.
1.2 We reserve the right to make changes to this site and the details displayed on it (including this Agreement and prices) at any time without notice. If we update this Agreement, we will post the new Agreement on this site and note the date that it was last updated. Your use of this site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed.
1.3 By using this site, you represent that you are of the age of majority in your jurisdiction. If you are a parent or legal guardian agreeing to this Agreement, you must monitor and supervise the use of this site by the minor and you are fully responsible for the minor’s use of this site, including all financial charges and legal liability that he or she may incur.
1.4 The prices for goods displayed for sale on this site are excluding applicable taxes. Delivery will be charged in addition to the price of the products you purchase, and any such additional charges are clearly displayed where they apply. For further details on delivery and delivery charges please see the Shipping page.
1.5 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible. We do not guarantee the reliability of these descriptions and we will not be liable for any inaccuracy, error or omission in the information contained on this site in relation to the products and articles offered for sale by us, including their prices.
1.6 The sale of products on this site may be subject to additional terms that will be made available when you place your order.
2. Passwords and Accounts
2.1 You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. We are not under any obligation to verify the actual identity or authority of any user of a password and login name. We may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages or expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.
2.2 You agree to notify us immediately if the confidentiality of your account or password is compromised. We have the right to take any actions that we deem reasonable in such event provided that we will have no liability for any act or omission on this regard.
2.3 We may suspend or cancel your account at any time for any reason without notice or liability to you or any other person.
3. Order Process
3.1 All orders that you place on this site will be subject to acceptance by us in accordance with this Agreement.
3.2 We do not accept any orders where the billing address is outside Canada or where the shipping address is outside Canada.
3.3 The "confirmation" stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.
3.4 Item availability and prices for all products sold on this site are subject to change without notice. Prices for products sold on this site may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders).
3.5 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered.
4.1 We aim to arrange shipment of all "in stock" items within 2-3 days of receiving your order. Your order may be delayed if the item is not in stock. Expected Delivery is 5-10 business days.
4.2 The period stated within which you will receive your order is approximate. The delivery times stated are for guidance only. Products will be sent to the address given by you in your order and stated in the Order Confirmation.
4.3 We have the right to choose the means and carrier with which we deliver your order.
4.4 Risk of loss and damage of products passes to you on the date when the products are delivered.
4.5 Repeat deliveries may incur additional charges.
5.1 Payment is charged to your credit card at the time of shipment of the products and in the event that the payment card has expired we will be unable to take payment and fulfill your order.
5.2 In the event that we are unable to supply the products we will inform you as soon as possible. If you have already paid for products we will provide you with a full refund.
5.3 We make every effort to ensure that the price displayed on our site is correct at the time of you placing your order. However, we will not be liable for any inaccuracy, error or omission in the information contained on this site in relation to the products and articles offered for sale by us, including their prices.
5.4 If an error is discovered in the price of the products that you have ordered, we will inform you as soon as possible, and you will be given the opportunity to re-order at the correct price. We shall be under no obligation to fulfill an order for a product, which was advertised at an incorrect price; if the item(s) has been charged and not shipped we will cancel and refund your order.
5.5 Title in the products which you have ordered on this site will pass to you on delivery assuming that we have received payment in full for such products.
5.6 Promotional Codes can be used online and are subject to the terms of this Section 5.6. We reserve the right to withdraw or cancel promotional codes for any reason at any time. Promotional codes are and remain at all times, our property. Where a promotional code is issued to a specific individual the right to any associated discount is personal to the recipient and may not be transferred. Promotional codes distributed or circulated without our written approval, for example on an Internet message board, are not valid for use and may be refused or cancelled.
6. Cancellation and Refunds
6.1 If you wish to return the products you ordered please return them within 30 days of purchase, unused in their original packaging and we will provide you with a full refund. Please see our Returns policy for further details.
6.2 If there is a fault with your products, please contact us within 30 days of purchase, via email and we will provide you with a replacement (if available) or a full refund. Please see our Returns policy for further details.
6.3 Delivery charges are non-refundable. If you change your mind about the products you have ordered you will be responsible for the cost of returning those products to us.
6.4 Your right to return products does not apply to products which fall into the category of items made to your specification.
7. Delay or Inability to Supply
7.1 We will not be liable to you for any loss or damage which may arise as a result of the supply of goods being prevented by circumstances beyond our control, including the default of any of our suppliers.
8. Intellectual Property
8.1 You agree that all materials, including "Waterford", Wedgwood", "Royal Doulton" and "Royal Albert" names, logos and all related product and service names, slogans, images, text, illustrations, designs, downloads, icons, photographs, programs, video clips and written and other materials that are part of this site are subject to Intellectual Property Rights and all materials contained on this site remain our property.
8.2 "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks, trade names (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights, owned by or licensed to us or one of our affiliates.
8.3 All design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on this site are our copyright or are the copyright of its content and technology providers. All rights are reserved.
8.4 Access to this site does not confer upon anyone license under our, our affiliates’ or any third party’s Intellectual Property Rights.
8.5 This site and all of its contents are intended solely for personal, non-commercial use. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with us or using this site as a shopping resource. Any other use of the materials on this site - including reproduction for purposes other than those noted above, modification, distribution, re-publication, selling or participating in any sale of or exploiting in any way, any of the site’s contents - without our prior written permission is strictly prohibited.
9.1 Other than as expressly provided in this Agreement with respect to specific products and except for the exclusive remedies set out at Section 6 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
9.2 Under no circumstances will we, our affiliates or our respective employees, directors, officers, mandataries, agents, vendors, licensors or suppliers be liable, in contract, tort (including, without limitation, negligence), strict liability or otherwise out of or in connection with this site for any direct, indirect, special, incidental, punitive or consequential losses or damages of any nature, including, without limitation, damages for economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings) or loss of goodwill or reputation.
9.3 Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
9.4 As stated above, the products sold on this site are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this site or for any products or services purchased from us.
9.5 Clause 9 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.
10. Site Security
10.1 You are prohibited from violating or attempting to violate the security of the site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this site other than the search engine and search agents available from us on this site and other than generally available third party web browsers.
11. User Comments
11.1 For all comments disclosed, submitted or offered to us on or through this site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "Comments") you grant us a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however we desire, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.
11.2 For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. We are and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to you any compensation for any Comments; or (4) to respond to any Comments. You represent and warrant that any Comments submitted by you to the site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade- mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.
11.3 You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of us and our successors, assigns and licensees.
11.4 We do not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from or relating to any Comments you submit.
11.5 We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
12. Informational Purposes Only
12.1 Insurance and financial-related information that may be provided on this site is provided for your general information only, and is not intended to substitute for, or provide, professional legal, investment, insurance, financial, accounting or tax advice. If you require any such advice, you should retain the services of a competent and/or licensed professional.
12.2 Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this site are provided by our vendors, partners, and other third parties, and are not independently verified by us. The accuracy of such representations is the sole responsibility of the vendors, partners, and other third parties. While this site attempts to be accurate in its product and/or service descriptions, we do not represent or warrant that product and/or service descriptions or other Content on this site are accurate, complete, reliable, current, or error-free. If you find that a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with our Return Policy, or cancel the service in accordance with the applicable service agreement.
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the exclusions or limitations below may not apply to you, and you may have additional rights.
This site is provided by us on an "as is" and "as available" basis. We make no representations or warranties, and provide no conditions, of any kind, whether legal, express or implied, as to the operation of the site or the information, content, materials, or products included on this site or services provided through this site. To the maximum extent permissible by applicable law, we disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose and non-infringement) relating to this site or any content. Without limiting the generality of the foregoing, we disclaim any and all warranties and conditions, legal, express or implied, for any merchandise displayed on this site and that this site will be error-free, current, uninterrupted, accurate, available, reliable, secure or complete. You acknowledge, by your use of this site, that your use of this site is at your sole risk. This disclaimer constitutes an essential part of this Agreement.
The above disclaimers shall survive the termination of the agreement or your right to use this site.
14.1 If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.
14.2 A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.
15.1 This Agreement supersedes any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and, except for any additional terms incorporated into any purchase made through this site, contain the entire agreement between us and you relating to your purchase.
15.2 The delay or failure by us to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
15.3 It is a criminal offence to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
15.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
15.5 We make no promise that materials on this site are appropriate or available for use in locations outside Canada, and accessing this site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Canada, you do so on your own risk and are responsible for compliance with local laws.
15.6 Where we take payment for an order in Canadian Dollars, we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes. In addition, any refunds are made in Canadian Dollars and we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes.
15.7 A person who is not a party to this Agreement shall have no right to enforce any term of this Agreement.
15.8 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under this Agreement or any related contract to any third party.
16. Applicable Law
16.1 This Agreement is to be construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein and all contracts governed by them will be deemed to have been made in Ontario, except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction apply, in which the laws of such jurisdiction shall apply.
16.2 The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the site or a purchase made on the site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence.
16.3 In the event of any conflict between the English version of this Agreement and any translation of them, the English version will prevail. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volente expresse des parties que la presente convention alnsi que tous les documents que s’y reattachment solent rediges en anglais.