Terms and Conditions

The Custom Windsock Company is committed to providing you the best customer service. We want to fulfil your requests correctly and efficiently. We will do whatever is in our control to ensure that you have a great experience on our site and with our products. We value quality and service. If something goes wrong, we will do whatever is in our power to rectify it. If ever you want to reach out, we are available.

Company Details:

The Custom Windsock Company
4104 6 Ave SW,
Edmonton, AB, T6X2J1
1-833-786-1035

The following terms and conditions (the “Agreement”) govern all use of this website (the “Site) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is offered subject to your (the “User”) acceptance without modification of all top the terms and conditions contained here and all other operating rules, policies and procedures that may be published on this site at times by the Custom Windsock Company. This includes, without limitation, Shipping, Returns, Privacy and others. Do not use this site if you are not in agreement with these terms and conditions.

When you register with the Custom Windsock Company, you accept that you are entering into a contract with us under these Terms. Those who register with us under these terms establish an “Account” and become “Users.” Visitors who come to the Site who do not become Users, but who interact with the Site, are bound by these Terms each time they access the Custom Windsock Company’s Site.

This site provides access to a few services that may be used in accordance with these terms. The Service includes but is not limited to:

• The ability to upload digital design and artwork files to the website or to email digital images to us so we can process them on the User’s behalf
• The ability to order products of images that are portrayed on the site

These terms govern the relationship between the User and the Site. The Site should only be used if the User agrees to these terms.

Designs, Artwork and Content

• The user may submit via email or upload digital designs, images, pictures, data, text photographs, vector graphics or other material (the “Content”) to the website themselves and store a copy with license to The Custom Windsock Company to work with it.
• The user confirms The Custom Windsock Company to own or have permission to use, modify, alter and print the content
• The user retains all intellectual property rights, including the copyright, to the content that they have uploaded to the website or emailed to us. We may delete, remove or refuse to display any at our sole discretion
• Images uploaded by the user or by the site on the user’s behalf which are used to create a custom product may (subject to the restrictions of these terms) be available for viewing to other users of the site for display in our gallery with permission from the user
• We may display, modify, print, transmit, delete or distribute the images you upload or email to us provided that it is necessary to provide services offered by the website
• You accept that a design (except a vectorized image) or photograph, when enlarged, may lose definition and that colour variation may occur on the finished item. Warnings are given on our site to mitigate this but it is a possibility if those warnings are not heeded.
• We retain no responsibility for loss of, deletion of or corruption of any content. We advise that users keep backups of their content.
• We may, without notice, and at our sole discretion, delete or remove any content that has been uploaded, emailed or submitted for printing in breach of these terms. We may refuse to provide any printing services to anyone who breaches these terms. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of any use by you or your guests of this website in breach of these terms, any claim that the uploading or emailing of content by you or on your behalf is an infringement of any third party’s copyright, trademark or intellectual property rights. Any claim that the processing, printing or other dealing with by us, in accordance with these terms, of any images uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trademark or other intellectual property rights.
• The User is prohibited from uploading or emailing files or ordering products with content that contains pornographic, obscene, indecent, or offensive material. As well as anything that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, material the use or inclusion of which infringes on any copyright, trademark, or other intellectual property right of any third party, material that breaches any applicable laws or legislation. We may, at our sole discretion, contact applicable law enforcement authorities if we believe anything unlawful is occurring or has occurred in relation to the website. If requested, we may provide copies of any relevant uploaded content or material to the authorities and in that connection, may also give them access to any personal data that is held by us.
• It is the responsibility of the user to that their content does not infringe anyone’s privacy or data protection rights; in particular, the user must ensure they have the right to depict any person who appears in an image that you upload to the Site and to authorize the subsequent use of it; misrepresent the User’s identity in any way or impersonate any person; including any material containing personally identifying information about another person such as their real name, address, phone number, email or other confidential information, except with the written approval of that person; harass, upset, embarrass, alarm or annoy any person.
• Although we prohibit the upload of images that infringe on the outlined terms above, we cannot control and monitor the use of our site. We may without notice, delete any image or other user content which appears to be in breach of our rules or deny any user services which includes any such image or user content.

Order Confirmation

• The user is responsible for checking and ensuring all details submitted at the time of checkout are accurate and complete in order for us to provide the Service they require. Examples of these details include but are not limited to: name, address, contact number, email address, payment details, product size and specifications and any content uploaded.
• Once you have placed an order for any goods or services via the site using the Service, the order will not be treated as having been accepted until you receive a confirmation from our website via email.
• The decision as to whether to accept an order from you is at our discretion and we are not bound to do so.
• We may, at our sole discretion, refund all or a portion of your payment made in respect of the order concerned but reserve the right to charge in full as if the products had been dispatched

Pricing of Products

• Prices are set by the Custom Windsock Company. Shipping costs are shown separately. We retain the right to change our pricing and we will reflect those changes on the Site accordingly should we choose to make changes.
• Any changes to your order may result in additional fees and we will contact you either via email or phone to arrange payment
• Offer codes may be published from time to time as part of a promotion. Offer codes may allow you to receive a discount on an order
• Offer codes can only be used for online orders placed through the Website. A maximum of one offer code can be used per order. Unless otherwise specified, postage and packing charges could still apply to orders subject to an offer code. If further conditions apply, we will outline them in the relevant offer code.

Making Changes to your Orders or Cancellations

• Within one hour of order confirmation: We wait one hour after you place your order before we start production. Within this hour, you are welcome to contact us via phone if you wish to change your mind. If you have questions about your order, or doubts about the design, get in touch with our friendly customer service team and they will be more than happy to help resolve your issue or ease your worry.
• After one hour: We produce every product and customize it to your specifications. As soon as production of your item starts, we have already invested into the material, ink, process and workforce to help create your order. If you wish to cancel an order after an hour of placing it, there is no refund offered.
• You authorize us to exercise a degree of freedom to edit images so they fit better on the product and so we an achieve the best results.
• We may contact you via phone or email to inquire, make changes to or confirm your designs before we proceed with production of your order. If you fail to respond, this could cause delay in the production of your order or your order may move into production at t5he discretion fo the Custom Windsock Co.
• If a proof is provided and no response is provided by the client within 48 hours, the Custom Windsock Co. reserves the right to produce the product according to the proof due to customer non response

Production

• Production times serve as an estimated timeline and do not warrant that the products will be produced and shipped by a specific date. We do our best to meet timelines.
• All promotional images of our products are a good likeness for what we produce.
• Colours for designs submitted are submitted in RGB Colour palette. Our graphics team reserves the right to transfer this RGB Colour Palette into CMYK or Pantone based on their best judgement of colours. Be advised that colour changes do occur in production but we do our best to retain the likeness of the User’s design. There are no guarantees on the look of final colours. 

Returns

• You may cancel your order for any product within an hour of placing it online via phone call or email.
• This hour begins form the moment you receive your confirmation email.

• If you have purchased a non-personalized item and you wish to return it prior to it shipping from our facility (after the 1 hour grace period has passed), a 25% restocking fee will be charged. Once a product is shipped, it may not be returned. 
• You do not have the right to return products that are customized (after the one hour grace period), even if they are not produced or shipped yet.
• In the unlikely event of a manufacturing fault, please inform us of the issue, provide pictures and we will be happy to replace your product free of charge.
• Manufacturer faults cover scratches, misprints, stitching or hemming issues. We, the manufacturer, will decide what falls under manufacturer faults.
• Complaints or claims must be notified to us within 14 days of receipt of goods or in the case of non-delivery, a reasonable time after the goods were expected to arrive.

Termination

• We may terminate your order without notice or at our sole discretion. We will refund any money due in such circumstances.

Illegal use and harm to our system

• You may not use the Service to break the law. You agree that you will not use the Service to violate any laws in North America
• You agree not to interfere with or attempt to disrupt the Service by distributing a virus or harmful code into our platforms or other programs

Reproduction of Site Content

• You are not allowed to copy (other by printing off onto paper, storing on disk or in any other manner), distribute, alter or tamper with in any way, or otherwise use any material contained in the website.
• You are not allowed to use the website for commercial purposes other than to conduct a transaction with The Custom Windsock Company.

Operation of the Website

• We may change the format and content of the site or any products on the site at any time
• We may suspend or terminate operation of this website (or terminate or suspend any products or services offered via this website) for maintenance work or to update the Site’s content. We reserve the right to do this without notice.

Licenses

• By uploading designs to the Site or creating designs with our design tools, you grant the following licenses to The Custom Windsock Company: The non-exclusive, worldwide, transferable, sub-licensable right to use, reproduce, publicly display, sell and distribute the Design in or on Products and in advertising, marketing, samples and promotional materials for promoting the products and the site.
• You grant us the license and right to make amendments and alterations to your designs if it is necessary to prepare your design for use in a product category that you select or for other manufacturing purposes relating to the best way to produce your customizable product.
• You may remove your design from the site at any time and you retain all copyright and intellectual property rights in your design.

Indemnity

• The Custom Windsock Company including its staff, directors, agents, venture partners, associates or other officers must be held protected from any claim or demands made by any third party caused by or arising from your breach of this agreement. You will indemnify The Custom Windsock Company for any demands or claims including reasonable legal fees arising from such a claim for your violation of law or any rights of a third party.