These are the terms and conditions for all users of Castle & Park, Urban Vintage website www.castleandpark.com, shop page astleandpark.lightspeedwebstore.com and retail store located at 113 Bayfield Street Barrie, Ontario. To purchase any items online or in store you have accepted all terms as described here and accept the binding contractual agreement between you and Castle & Park during any transactions.
ALL ITEMS ARE SOLD “AS IS”. Castle & Park makes no guarantee, warranty or representation, expressed or implied, to any user with respect to any item, including without limitation on it's condition, merchant-ability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. All items purchased through Castle & Park online or in store are non returnable and final sale. No exchanges or store credits are permitted under any circumstances and all items are sold as is and with all faults.
Holds, Deposits and pickups
Castle & Park does not permit holds or deposits on any merchandise under any circumstances. Buyers can only take claim to an item or service when 100% of the payment is received in full by Castle & Park either online or in the store. Buyers must be able to provide proof of purchase by receipt or Castle & Park will not be held responsible if merchandise is sold. Buyers must provide proof of purchase by receipt in order for the store to release any sold merchandise. We will not release inventory to third parties without written consent by you the buyer and will ask for ID if we deem it necessary or refuse the release of items. We do this for the buyers protection. Buyers have seven (7) days to pickup sold merchandise. If items are not picked up within seven (7) days, Castle & Park will relist the items and resell them to the public. Castle & Park is not responsible to contact buyers whatsoever on sold merchandise if not picked up within the designated time frame.
1. Merchandise for Sale
Buyers understand that Castle & Park online and in store sells used, vintage or antique items, and many items have customary wear and tear. Castle & Park will use reasonable efforts to accurately portray items via photographs and description however it is the buyers responsibility to inspect and understand all terms of purchasing prior to buying any items. Castle & Park assumes no responsibility and makes no warranty for descriptions or information provided if buyers find fault in these descriptions.
3. The Sale.
A sale is complete when the user’s credit card information is provided to Castle & Park online or in store and this item will become unavailable to the online and in store buyers. Because items are typically in quantity of one (1) Castle & Park will make all reasonable efforts to confirm availability promptly, but reserves the right to declare an item unavailable within 14 days of receipt of payment if item is sold. Castle & Park will declare an item to be unavailable only (a) if it was sold to another user prior to the user’s payment; (b) if the item was withdrawn by a consignee by the user’s payment; or (c) if the item is deemed lost, broken or destroyed.
Castle & Park and The Urban Market will pack the item with reasonable care and ship the purchased item via FedEx or USPS, including insurance for the purchase price of the item/items and delivery confirmation. Packing, shipping and insurance charges will typically be reflected on the website at the time of purchase. For extraordinary items, Castle & Park and The Urban Market may contact the user and discuss alternative packing / shipping strategies. At the user’s election and sole cost, the user can arrange for its own packing and shipping upon contacting Castle & Park and The Urban Market at the time of purchase. Title and risk of loss shall pass from Castle & Park and The Urban Market or its consignor to the user when the item is accepted by the shipping company.
5. Taxes and Import/Export Duties.
User is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each item purchased (collectively, “Taxes”). The user shall pay Castle & Park and The Urban Market such Taxes as Castle & Park and The Urban Market is required to collect, but failure to collect the Taxes will not relieve the user’s obligation. It is the user’s responsibility to establish and/or document any applicable exemption from Taxes.
6. Import/Export Restrictions.
Some of the items sold on the website may require cultural, customs and endangered species permits for export from the Canada and import into the user’s country. Castle & Park and The Urban Market makes no representation, nor gives any warranty, nor shall have any liability to the user with respect to the requirement for, or the availability, or issuance of valid export or import permits. If the listing of any item on the website discloses that the item requires a cultural export permit or the Castle & Park and The Urban Market discloses such requirement after confirmation of the sale but before the shipper receives the item, or the user first learns that an export permit is required after the item has been picked up by the shipper and the user is unable to obtain the export permit within thirty (30) days after the later of confirmation of the sale or disclosure of the requirement for the export permit, the user may rescind the sale of such item by giving written notice to Castle & Park and The Urban Market within seven (7) business days after expiration of the applicable thirty (30) day period. In no event shall the user be entitled to rescind a sale more than ninety (90) days after the date of the sale to the user. If the sale is rescinded, the user shall promptly return the item to Castle & Park and The Urban Market. Upon such return, Castle & Park and The Urban Market shall refund the purchase price to the user.
7. AS-IS SALE.
ALL ITEMS DISPLAYED ON THE SITE ARE SOLD “AS IS”. Castle & Park and The Urban Market makes no guarantee, warranty or representation, expressed or implied, to any user with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Except as provided in paragraph 6, ITEMS PURCHASED THROUGH CASTLE & PARK AND THE URBAN MARKET ARE NOT RETURNABLE.
8. Disclaimer of Liability.
The website is provided on an “AS-IS” and “AS AVAILABLE” basis. Castle & Park and The Urban Market makes no representation or warranty of any kind, express or implied, with respect to the website, any items offered for sale or sold on or through the website, including without limitation:
(a) any representation or warranty that the website meets the user’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error;
(b) any representation or warranty with respect to title to or delivery of any item;
(c) any representation or warranty with respect to intellectual property rights in any item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the user’s computer monitor.
9. RELEASE AND LIMITATION OF LIABILITY.
The user agrees to defend and indemnify Castle & Park and The Urban Market against and hold Castle & Park and The Urban Market harmless from all losses, damages, liabilities, costs (including without limitation attorneys’ and paralegal' costs and fees) and claims arising out of or related to the use of the website by the user, the purchase of items by the user, and the nature or quality of the items.
11. Refusal of Transaction.
Castle & Park and The Urban Market reserves the right to withdraw any item from the website or to amend any content on the website at any time. Castle & Park and The Urban Market may refuse service to anyone at any time in its sole discretion. Castle & Park and The Urban Market will not be liable to the user or any third party because it has withdrawn any item from the website, amended any of the content, or denied access to the website.
12. Site Monitoring.
13. Compliance with Laws.
The website may be used only for lawful purposes and in a lawful manner. The user agrees to comply with all applicable laws and regulations regarding the use of the website and any transaction conducted on or through the Site. The agreements between the user and Castle & Park and The Urban Market shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
The user may not register or make offers for any Item under a false name, use an invalid or unauthorized credit card or use another user’s password. Such fraudulent conduct is a violation of Federal, State and Provincial law. If fraudulent conduct is identified, the user will be denied access to the site and the conduct may be reported to law enforcement authorities.
15. Access and Interference.
All persons accessing this website expressly agree that (a) they will not, by automatic device or manual process, monitor or copy Castle & Park and The Urban Market web pages or their content without the prior written permission of Castle & Park and The Urban Market; (b) they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the website; (c) they will not do anything that imposes an unreasonable or disproportionately large load on the Castle & Park and The Urban Market infrastructure.
17. Use of Site Information/Copyrights/Trademarks.
Any user registered with Castle & Park and The Urban Market has permission to print in hard copy and electronically reproduce portions of the web site for the sole purposes of purchasing Items from Castle & Park and The Urban Market. No user may modify materials on or obtained from the website or include any such materials on the user’s own site. Castle & Park and The Urban Market retains the copyright of all photographs, illustrations, digital images and written material produced and any form of website design and content, including the category and sub-category system and any object and materials published by Castle & Park and The Urban Market. Castle & Park and The Urban Market are both legally protected trademarked and/or service marks and may not be used without authorization.
Any notices shall be given by postal mail addressed to Castle & Park or The Urban Market, 113 Bayfield Street, Barrie, Ontario. L4M 1B3, to the attention of CEO Melanie Karas or to the e-mail address provided to Castle & Park and The Urban Market by the user upon registration. Notice to the user shall be deemed to have been given 24 hours after the e-mail was sent.
19. Governing Law and Jurisdiction.
2. The types of information you give us
When you join our website, you may provide us with personally identifying information, such as your name, email address, physical address, or other information.
Like most commercial websites, we identify and save the web browser type and IP address of computers that accesses our website. We may use this data anonymously in aggregate for administrative and maintenance applications, such as traffic analysis and hardware diagnostics.
We may also create small files called “session cookies” that we store on your hard drive and delete when you leave our website. These files track your movements, selections and clicks while visiting our website and provide temporary storage for the data necessary to navigate our website. Our session cookies are used to make our website work more smoothly and contain no personally identifying information. We never connect any personally identifying information stored on our secure servers with the usage and behavior records stored in a session cookie.
Your browser may also allow websites to create “persistent cookies” that are not automatically erased when you leave the site that created them. If we ever store personally identifying information in a persistent cookie, we will encrypt them so that no one else can read your personal data. If you don't want to allow persistent cookies on your computer, all modern web browsers let you easily disable this feature.
3. How we use the information you give us
We will not share, sell, or in any way provide any of your personal information with anyone without your express written permission. Only employees of Castle & Park and The Urban Market and our website developers will have any access to your information and then only when absolutely necessary to maintain our website or complete transactions that you authorize. We will never give your name and email address to a third-party marketing firm that would use them to send you spam or phishing exploits.
We will archive data, including personally identifying information that you provide, as part of our system backup and recovery procedure. We store that information on servers that are secured and accessed under our control solely by us and our development and hosting service provider to support our website. Personal information will not ordinarily be erased until you terminate your membership in our Website and, even then, we may retain some or all of your data in backup files.
We may use your personally identifying information anonymously and in aggregate to help us better manage our website and improve our services. These applications (such as statistical analyses, auditing and research, and performance reports) will not allow other parties to personally identify you. If, for example, we include your physical address when counting the number of users we have in each city, we would not publish that data in a format that would allow third parties to identify your city of residence.
4. How we protect the information you give us
We take appropriate precautions to protect our users’ personally identifying information. Personal data resides on a secure server behind a firewall and the contents of our cookies (as described above) are always encrypted. But because all security measures are subject to circumvention, we cannot unequivocally guarantee our ability to prevent unauthorized access to information you provide us.
5. Sharing your information with third parties
We may share demographic data with third parties, such as numbers of members in our geographic region or by city. And we may, for example, provide information that is directly related to the business activities of service providers that help us run our website more efficiently.
Although rare, it’s possible that we may be compelled to disclose personal information by a lawful demand, such as a subpoena or court order, and we may decide to share personal information believe necessary to comply with any other law or government regulation, or to protect our legal interests or property. This might involve sharing information with other companies, lawyers, agents, or government agencies. Unless legally barred from doing so, we will notify you if your personal information is disclosed this way.
7. Sponsor advertising
Advertisements that appear on our website are delivered to us by our sponsors. We require that these ads do not contain any cookies and that accessing them only opens the sponsor’s page on our website. If you then choose to open their website, these companies may download their own cookies to your computer in order to facilitate navigation of their site or to identify your system the next time you connect with them. Such data-tracking also allows advertising networks to deliver targeted ads that they believe will be of interest to you. We have no access to or control over these third-party cookies.
Rental Policies and Terms
1. All contracts of rental shall be deemed to incorporate these terms and conditions. No variation or addition to these conditions is effective unless it is agreed, in writing and signed off by CEO/owner of Castle & Park and The Urban Market.
2. Holds/Reservations without 100% payment of rental fee are not permitted.
3. To book, we require (a) a non refundable cash payment of 100% the cost of rental (b) a non refundable credit card payment of 100% the cost of rental. Fee’s for delivery must be paid in full prior to event but are not required at time of booking.
4. Items are rented in excellent condition. If returned in any condition other than as rented, client will pay 100% the insurance value of individual damaged/stolen goods within 24 hours of rental booking expiry.
5. Client is responsible for all goods while in their care no matter what situation arises. Client is responsible for the actions of all guest attendees when concerning rentals. We recommend you ALWAYS obtain event insurance for the FULL insurance value of rental products if you cannot guarantee the safety of goods while in your care. If Items are damaged or stolen and were already pre-booked for another event within 2 weeks, client is also responsible for any expenses from the loss of business triggered by damaged or stolen goods. The client agrees that they will cover any additional costs triggered by their actions within 24 hours of rental period expiry by credit card or cash.
6. The liabilities of the renter commence at the time the rented articles are delivered to the site of the event or exhibition for which they are rented, or are collected from our premises, and continue until they are collected from the site by Castle & Park, The Urban Market or returned to our premises.
7. During this time, the renter will:
i) Keep, at the renter's own expense, the said rented articles in good and substantial repair and condition, and in the event of any article being damaged beyond repair or lost by fire, theft or any other cause whatsoever, will pay Castle & Park, The Urban Market the full insurance replacement value of the rented articles plus the original rental charge. In the event of any article being damaged and requiring repair, the renter will pay the full cost of such repair.
ii) Keep the rented articles fully insured to their full replacement value against all risks. Renter's are reminded that the period of the insurance shall include at least two days prior to the opening of the event or exhibition for which they are rented and at least two days after its conclusion. Please Note: The replacement value of the goods will be supplied for your convinence upon request. Do not disclose this information to any additional parties.
iii) Please follow these guidelines to help avoid any additional costs:
a) Furniture must sit on hard, level surfaces
b) Do not affix anything to any furniture without prior written consent
c) No heat can be applied to any furniture;
d) All candles must be in containers to avoid wax drippings;
e) Do not stand or allow guests to stand on furniture;
f) Furniture cannot get wet or sit uncovered outside;
8. It is the duty of the renter to provide a duly authorized representative to accept the furnishings and to give a written receipt. If the renter fails to provide for this, he will not be permitted to dispute subsequently the facts of the delivery and be deemed to have accepted the delivery and these conditions.
9. Renters are reminded that all equipment should be emptied of personal belongings, at the conclusion of the event or exhibition as no responsibility can be accepted for their safe custody.
10. At the discretion of Castle & Park, The Urban Market cancelled rental charges will not be returned. If such cancellation is made after the goods have been delivered to the site, Castle & Park, The Urban Market reserves the right to invoice the full delivery and labour charge.
11. Orders received and executed at an event or exhibition may be subject to an extra handling charge.
12. No liability shall attach to Castle & Park, The Urban Market for:
i) Any delay or failure to deliver due to circumstances which are outside its control.
ii) Loss or damage howsoever caused to customer's own goods.
iii) Any dilapidation charges for fixing of floor coverings to exhibition hall or venue floors.
iv) Any damage or injury caused by the misuse of Castle & Park, The Urban Market property.
13. Castle & Park, The Urban Market expressly reserves the right at its absolute discretion to suspend or cancel any services (whether in whole or in part) under its contract with the renter in any case where the renter is in breach of that contract or in breach of any credit arrangements, whether the same be under that contract or any other contract or arrangement between the renter and the Company.
14. Castle & Park, The Urban Market reserves the right to make substitutes, with notice, for furniture that may be unavailable.
15. Any claim from (b) shall be limited to the amount of any loss or diminution in value of the goods, and not in respect of any consequential costs incurred.
16. Complaints should be submitted in writing during the open period of the event or exhibition. This will ensure that they are fully investigated on site.
Last updated May 28th 2014 by CEO and Owner of Castle & Park and The Urban Market