This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
USE OF THE SITE & PROHIBITIONS
PAYMENTS AND PROCESSES OF INVOICES
NEEDS&WANTS Studios has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by NEEDS&WANTS Studios prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. NEEDS&WANTS Studios has all the discretion to cancel or deny orders. NEEDS&WANTS Studios is not responsible for pricing, typographical, or other errors in any offer by NEEDS&WANTS Studios and reserves the right to cancel any orders arising from such errors.
Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, NEEDS&WANTS Studios reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge. PayPal allows secure payment with your PayPal account or credit card. You will be redirected to PayPal to finalize your order when checking out. More information about PayPal is available at www.paypal.com.
When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to www.needsandwantsstudios.com. Payment will be debited and cleared from your account upon confirmation of your order by NEEDS&WANTS Studios. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. If you've created and registered NEEDS&WANTS Studios account, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
EDITING, DELETING & MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.
YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT TO AND SHOPPING ON OUR SITE FOLLOWING ANY POSTED CHANGE OF NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interest, including but not limited to rights covered by Intellectual Property Rights in and to this site, as well as that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site. If fraud is detected, NEEDS&WANTS Studios shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our staff and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our staff or agents. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed $2,000 (USD) or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered on our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of NEEDS&WANTS Studios. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the NEEDS&WANTS Studios to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of Canada, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Toronto, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
NEEDS&WANTS Studios, Inc is committed to protecting the privacy of our site visitors and customers. We do not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we only have your expressed permission to do so.
YOUR PERSONAL INFORMATION
We do not sell your name, address, e-mail address, credit card information or personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third party sites from which you may have linked or been directed to the NEEDS&WANTS Studios website.
By registering an account with us, you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit/debitcard billing address(es) to process and fulfill your order. Saved card details will never be shared with third parties and will only be used to process your order, using our Payment Service Provider's systems.
We may also obtain information as a result of authentication or identity checks. We recommend your telephone number during the checkout process. This number may be given to our courier for delivery services. These details allow us to process your order and track your order in the event of a shipping delay.
1: Functionality Cookies
These cookies are necessary in order to enable our Site to provide services such as remembering your shopping cart items.
2: Performance Cookies
This type collect anonymous information on how people use the site and the data is merged with other users to enable us to improve how the site operates. For example we utilise Google Analytics cookies to help us understand how customers arrive at our site, browse or use our site and highlight areas where we can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.
3: Preference Cookies
When browsing or shopping online, the website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.
4: Targeting Cookies or Advertising Cookies
These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertisers. You can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will normally provide details on how to manage the cookie settings.
By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.
SAFEGUARDING YOUR INFORMATION
We commit to maintaining the appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us, to protect it from unauthorised use. Also, we will take the necessary steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that personal information.
MARKETING & COMMUNICATION
If you signed up for our mailing list and/or have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail or post. You will also be given the opportunity to receive such communications from us and selected third parties when you become a registered user of www.needsandwantsstudios.com. When you register, you will be given the option to opt-out of subscribing to our regular subscription service which will send you:
Email alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions. Marketing communications you subscribe to will only be sent by NEEDS&WANTS Studios, Inc. We offer you the opportunity to unsubscribe out of any service or update to which you have subscribed.
The website www.needsandwantsstudios.com and our registered domain(s) are owned by NEEDS&WANTS Studios, Inc. The company is registered in Canada.