Poppy Barley

Terms of Use

Effective Date: March 30, 2016

In the Terms of Use, Poppy Barley Inc. will be referred as “Poppy Barley,” “we,” “us,” or “our.” We provide this site as a service to our customers and this document provides a comprehensive way to understand what using our website means to you. We will refer to our site (“Site”) and services collectively as “Services.”

Before using any of our Services, be sure to carefully read over Terms of Use (“Terms”) and our Privacy Policy. These provide the guidelines to when you use Poppy Barley Services. When you use our Services you agree to follow and be bound by the guidelines and rules laid out in the Terms. If you do not agree to any part of our Terms, please do not proceed to use our Services. If you have any questions about the Terms, please send us an email at hello@poppybarley.com.

Eligibility

You may only use this Site if you are at least 18 years of age. If you are under the age of 18 and wish to use our Services, please ensure that your legal guardian is aware and agrees that you can use our Services.

You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. Any breach of these Terms shall result in the immediate revocation of the license granted without notice to you.

Privacy Policy

Our Privacy Policy also governs your visits and forms part of these Terms. You can read it here.

Our Rights and Responsibilities

In general, the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software and/or hardware of infrastructure.

We do reserve the right to refuse service to you for any reason at any time.

We may need to change or discontinue certain aspects of the Site at any given time. We may do so with or without notice to you.

Account Registration

You do not require a user account (“Account”) to navigate most of our Services. However, there are features that may require you to create an Account with us. Every time you use a password or identification, you will be deemed to authorize to access and use our Site in a manner consistent with our Terms, and we have no obligation to investigate the authorization or source of any such access to our Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AN USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGHOUT SUCH ACCESS OR USE.

Make sure to protect the security and confidentiality of the password and identification assigned to you or that you create. If there is any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security, notify us immediately.

Termination

You agree and acknowledge that Poppy Barley, in its sole and absolute discretion, can terminate your account without prior notice if we deem any misuse of our services.

In the event we terminate your account, you will still be bound by your obligation under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Poppy Barley shall not be liable to you or any third-part for any termination of your access.

Copyright

Our team works diligently to put up beautiful content for your enjoyment. All text, graphics, button icons, images, video and audio clips, and software (collectively, “Content”) on this Site belongs exclusively to Poppy Barely and is protected by Canadian and international copyright laws. The collection, arrangement, and assembly of all Content on this Site (“Compilation”) belongs exclusively to Poppy Barley and is protected by Canadian and international copyright laws. All software used on this Site (“Software”) is the property of Poppy Barley or our Software suppliers and is protected by Canadian and international copyright laws.

Copyright Complaints

Poppy Barley respects the intellectual property of others. If you believe someone has posted on our Site something you own without your authorization, please send us a notice immediately at: hello@poppybarley.com

Review, Feedback, Comments and Other Content

When you submit some things to us, there are guidelines associated. You may submit your review, feedback, comments, photographs and other content (collectively known as “User Content”) to Poppy Barley.

When you submit User Content, you represent and warrant that:

  • You own all the rights, license and title to all materials such as reviews, comments and other such contents submitted to us (or have the right to give it to us);
  • You are not infringing or violating on other third parties’ rights;
  • You are not using a false email address, pretending to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Content.

In addition, User Content must NOT:

  • Include inappropriate content such as obscene, indecent and pornographic material;
  • Contain any unsolicited or unauthorized marketing such as spam;
  • Contain any viruses, codes, programs or files that are designed or intended to disrupt, damage, limit or interfere with our Services, Software and equipment; or to obtain unauthorized access to any data, system, information of ours or third party;
  • Include individual’s identification documents or sensitive financial information;
  • Impersonate any individual or entity.

Except as provided elsewhere in these Terms or on the Site, anything you submit or post to the Site and/or provide us is and will be treated as non-confidential and non-proprietary and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineers, disassemble, or decompile such Submissions.

Anything you submit to us automatically becomes our sole and exclusive property and shall not be returned to you.

Correction of Site Errors and Product Descriptions

Poppy Barley will take all reasonable care to ensure that all details, descriptions, and prices of products on our Site are correct at the time when the relevant information was entered into our system. However, there may be times when product descriptions or other content of the Site may contain typographical errors or inaccuracies. Some of our errors may relate to product information, colour, pricing and availability.

In these instances, we shall have the right to refuse or terminate any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge. We will notify you in this situation.

We have made every effort to display as accurately as possible the colours of our products that appear on the Site so you are clear in what to expect when you place your order. However, the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product upon delivery. As our leather is done in smaller batches, there may be slight variations from the leather you see on the website. You have the option of ordering a leather swatch kit before purchasing if you would like to see the leather colours.

Product Availability

Poppy Barley moves through collections and leathers regularly. The availability of products and other items on the Site may change at any time without prior notice. We reserve the right to update any information we see fit at any time. Because our products are kept up to date, we always have a limited supply. No item is guaranteed if it goes out of stock.

Changes to Products and Pricing

We are constantly revising and updating our products and we may discontinue a product on the Site at no notice. All pricing on the Site may change without notice. Poppy Barley reserves the right to make adjustments due to changes in market conditions, manufacturer price changes, errors in advertisements and other extenuating circumstances.

If for whatever reason a product you purchased is not available, you will be notified and a refund will be issued to you.

Price Adjustment

Poppy Barley reserves the right to update and change products and pricing without prior notice. We do not offer price adjustments on any purchases placed prior to a change in price.

Shipping

Poppy Barley offers a flat rate shipping fee across Canada and United States. There should be no duties charged to you upon delivery. If you were charged incorrectly, please contact our Concierge Team at concierge@poppybarley.com or call 1-866-626-2220.

If you are shipping outside the United States or Canada, as the recipient of goods, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.

Your shipping address cannot be changed after placing your order.

Poppy Barley packages do not require a signature upon delivery. If you would like to require a signature at the time of delivery, please contact the Concierge Team at concierge@poppybarley.com or call 1-866-626-2220, there will be an additional charge.

Risk of Loss

The risk of loss for purchases made on this site passes onto you when we deliver it to the shipment carrier (i.e. FedEx, Canada Post, UPS, etc.)

Returns, Remakes, Exchanges

If you are not completely satisfied with your Poppy Barley purchase, you have 14 days to request a remake, return or exchange. Products must be unworn, unaltered or undamaged in any way for it to be accepted as a remake, return or exchange. To complete your remake, return or exchange, please contact the Concierge Team at concierge@poppybarley.com or call 1-866-626-222.

Cancellations

If you are not satisfied with the custom order you have placed, you can change or cancel your purchase within 24 hours of placing the order. Please contact the Concierge Team to cancel or update your order.

Unfortunately you will not be able to cancel the purchase of any items that are In-Stock. Your order is immediately processed and shipped out to you.

Contests and Promotions

On Occasion, Poppy Barley will run contests and promotions where we will issue promotional codes, site credits and gift credits, which will provide a credit towards your purchase on the Site when redeemed at checkout. Codes are non-transferable and are to be used by the intended recipient. Poppy Barley reserves the right to cancel a promotion and/or to reject redemption of a promotional code. Promotions are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where the promotion is communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Poppy Barley will not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

Promotional codes do not cover the costs of any shipping, duties and/or regional taxes where applicable. These are to be paid by you.

There may be specific guidelines associated with the promotional code, which will be clearly laid out to you. The guidelines are in addition to what is laid out in these Terms.

All promotions will have an expiry date, which will be indicated to you. Once a promotion is expired or used, no refund will be issued for future credit.

License and Site Access

Poppy Barley grants you limited license to use our Services. What this means is that we grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the content. Our Site is intended solely for personal and non-commercial use. This license will allow you to use and enjoy our Services in the manner permitted through these Terms.

This license means that you are not allowed to do the following:

  • Reproduce, distribute, display, sell, lease transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing;
  • Make any commercial use of any information provided on the Site;
  • Make use of the Site for the benefit of another business unless explicitly permitted by us in advance;
  • Upload to, distribute, or otherwise publish through this Site any content, information, or other material that i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; ii) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or iii) includes and bugs, viruses, worms, tram doors, Trojan horses or other harmful code of properties.

Links to Other Websites

On our Site, there may be links to other websites (“Third Party Services”) and are provided solely as a convenience to you. Poppy Barley has not reviewed these Third Party Services and does not control and is not responsible for any of them or their content. Be sure you understand their terms and conditions before using Third Party Services.

Poppy Barley does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from them. If you decide to access any of the Third Party Services linked to this Site, you do so entirely at your own risk.

International Site Access

The Site can be accessed from countries other than Canada and the United States. Poppy Barley may offer products that are not available in all countries. Any such products or references to products do not imply that such products will be made available to all countries.

If you access and use this Site outside the United States and Canada you are responsible for complying with your local laws and regulations.

Applicable Law

By visiting this Site, you agree to the laws of the Province of Alberta and the laws of Canada, without regard to principles of conflict of laws, will govern these Terms. The courts of the Province of Alberta shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction in such courts.

Indemnity

By the use of the Site, you agree to indemnify Poppy Barley and its suppliers, and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this Site.

Limitation of Liability

Poppy Barley SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE UDAGE OF OR THE INABILITY TO USE THE MATERIALS AND SERVICES ON THIS SITE OF THE PERFORMANCE OF ANY OF ITS PRODUCTS (EVEN IF POPPY BARLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.)

Updating Terms of Use

Things change frequently and from time to time these Terms may be updated to reflect current law and business operations. We reserve the right to change these Terms at any time and will update the effective date at the top of these Terms. Please review and familiarize yourself with these Terms and to check back occasionally. Your continued use of the Site after we update Terms constitutes acknowledgement that you agree to the Terms.

There are other policies, guidelines, and requirements posted on the Site. Your continued use of the Site is subject to all these policies, guidelines, and other requirements, which are incorporated into these Terms.

Miscellaneous

Disputes with Other Users: In the event that you have a dispute with one or more users, you release us, Poppy Barley (and our 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.

No Agency: You and Poppy Barley are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

Assignment: You may not assign, transfer, delegate or sublicense any of your rights under these Terms. We may assign, transfer, delegate or sublicense any of our rights under these Terms.

Severability: If any provision of these Terms is illegal, void or enforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of the agreement to remain enforceable.

No Waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, Poppy Barley must provide you with written notice of such waiver, provided by one of our authorized representatives.

Entire Agreement: These Terms and any policies, guidelines, and requirements that we post on Poppy Barley state the complete understanding between you and us. No modification of these Terms will be enforceable against Poppy Barley unless in writing and signed by an authorized representative.

Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

If you have any questions or comments about this Terms of Use, please contact us at hello@poppybarley.com or at #200 10822 82 Avenue, Edmonton, Alberta, T6E2B3.