SHIPPING CONTRACT TERMS AND CONDITIONS
This Shipping Contract Terms and Conditions Agreement (the “Agreement”) is entered into by and between Rest Easy Custom, with its principal place of business at 191 25 Street NE, Salmon Arm, BC Canada V1E 2A8 (hereinafter referred to as the “Seller”) and the customer placing an order through Seller’s website (hereinafter referred to as the “Buyer”).
1. SHIPPING COSTS AND DELIVERY TERMS
1.1. Standard Shipping Costs. Seller shall bear all standard shipping costs for orders placed directly through Seller’s website. This includes costs associated with packaging, handling, and delivery via standard shipping methods. For orders below $200.00, shipping charges will apply and will be clearly displayed at checkout.
1.2. Free Shipping Threshold. Free shipping shall apply to all orders with a merchandise total exceeding $200.00 (Two Hundred Dollars) before applicable taxes and fees.
1.3. Expedited Shipping. Expedited shipping options shall be available at Buyer’s request, with additional costs clearly displayed at checkout. Such costs shall be the sole responsibility of the Buyer and will be added to the total order amount.
1.4. International Shipping.
a) Seller agrees to ship to select international destinations.
b) Additional fees, duties, taxes, and customs charges shall be the sole responsibility of the Buyer.
c) Processing times for international orders may be extended beyond standard processing times.
d) Specific documentation requirements for international shipments shall be provided to Buyer upon request.
2. RISK OF LOSS AND TITLE TRANSFER
2.1. Transfer of Risk. Risk of loss shall transfer from Seller to Buyer upon delivery of goods to Buyer’s designated shipping address (FOB Destination). Title to the goods shall pass to Buyer only upon successful delivery and acceptance of the goods.
2.2. Proof of Delivery.
a) Seller shall provide standard carrier tracking information for all shipments.
b) Delivery confirmation shall be obtained and maintained for all deliveries.
c) Buyer shall have the right to request proof of delivery documentation within 30 days of shipment.
3. ORDER PROCESSING AND FULFILLMENT
3.1. Processing Timeline.
a) Seller shall process and ship orders within 3-5 business days of order confirmation.
b) Processing time begins upon receipt of payment and order verification.
c) Processing time excludes weekends and recognized holidays.
3.2. Carrier Selection.
a) Seller shall utilize major carriers including but not limited to USPS, FedEx, and UPS.
b) Carrier selection shall be based on optimal shipping rates and service reliability.
c) Seller reserves the right to change carriers without notice to maintain service standards.
3.3. Holiday Blackout Dates. No shipments shall be processed on the following holidays:
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Christmas Day
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New Year’s Day
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Easter
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Labor Day
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Remembrance Day
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Canada Day
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The National Day for Truth and Reconciliation
4. DAMAGED OR LOST SHIPMENTS
4.1. Claims Process.
a) Seller shall handle all claims related to lost or damaged shipments.
b) Buyer must notify Seller of any damage or loss within 48 hours of delivery or expected delivery date.
c) Photographic evidence of damage may be required for claim processing.
4.2. Remedies.
a) Seller shall, at its discretion, provide either:
i) A replacement shipment at no additional cost to Buyer
ii) A full refund including original shipping costs
b) Replacement shipments shall be processed within 2 business days of claim approval.
5. SHIPPING INSURANCE
5.1. Standard Insurance.
a) Basic carrier insurance shall be included with all shipments at no additional cost.
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5.2. Additional Insurance.
a) Additional insurance coverage shall be available for purchase at checkout.
b) Cost of additional insurance shall be clearly displayed and calculated based on declared value.
6. UNDELIVERABLE PACKAGES
6.1. Return Process.
a) Packages deemed undeliverable shall be returned to Seller’s facility.
b) Buyer shall bear all costs associated with return shipping.
c) Original shipping fees shall not be refunded for undeliverable packages resulting from Buyer error.
6.2. Notification Requirements.
a) Seller shall notify Buyer within 24 hours of receiving returned undeliverable package.
b) Notification shall be sent to Buyer’s email address on file.
c) Buyer shall have 30 days to provide alternative shipping arrangements.
7. SHIPPING RESTRICTIONS
7.1. Prohibited Items.
a) No hazardous materials shall be shipped under any circumstances.
b) Seller maintains a comprehensive list of restricted items which shall be:
i) Clearly displayed on Seller’s website
ii) Updated periodically to comply with carrier and regulatory requirements
iii) Binding upon acceptance of this Agreement
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7.2. Geographic Restrictions.
a) Seller reserves the right to restrict shipping to certain geographic locations.
b) Restrictions may be based on:
i) Carrier availability
ii) Local regulations
iii) Economic sanctions
iv) Security concerns
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8. ORDER FULFILLMENT
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8.1. Partial Shipments.
a) Seller shall not split orders into multiple shipments.
b) Orders shall be held until all items are available for shipment.
c) Buyer shall be notified of any delays exceeding 5 business days.
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8.2. Shipping Delays.
a) Seller shall provide proactive notification of any shipping delays.
b) Notifications shall include:
i) Reason for delay
ii) Estimated new delivery date
iii) Alternative options available to Buyer
c) Buyer shall have the right to cancel order if delay exceeds 15 business days.
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9. ADDRESS VERIFICATION AND CORRECTION
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9.1. Verification Process.
a) All shipping addresses shall be verified through:
i) Internal database validation
ii) External address verification services
iii) Carrier validation systems
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9.2. Address Correction Procedures.
a) Minor corrections shall be made automatically when possible.
b) Major discrepancies shall require:
i) Customer notification
ii) Written confirmation of correct address
iii) Potential order processing delay until resolution
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10. FORCE MAJEURE
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10.1. Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to:
a) Acts of God
b) War or terrorist activities
c) Pandemic or epidemic
d) Government actions or regulations
e) Carrier service interruptions
f) Severe weather conditions
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11. MODIFICATION AND AMENDMENT
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11.1. Terms Modification.
a) Seller reserves the right to modify these shipping terms and conditions at any time.
b) Changes shall become effective upon:
i) Posting to Seller’s website
ii) Notification to Buyer via email
iii) 30 days after such notification
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11.2. Continued Use. Buyer’s continued use of Seller’s shipping services following any modification constitutes acceptance of the modified terms.
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12. GOVERNING LAW AND JURISDICTION
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12.1. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any choice of law or conflict of law provisions.
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12.2. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.
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13. SEVERABILITY
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13.1. If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. In such event, the parties shall negotiate in good faith to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that corresponds as closely as possible to the parties’ original intent and economic expectations.