Terms & Conditions
Overview
This website is operated by Marlow & Birch, an online business operated from the Netherlands.
Throughout the Site, “we”, “us” and “our” refer to Marlow & Birch.
By accessing our Site or purchasing from us, you agree to these Terms & Conditions and the policies referenced on our Site.
Our online store is hosted through Shopify Inc.
Online Purchases
By submitting an order, you confirm that the information you provide is complete and accurate.
Immediately before completing a purchase, you must have the opportunity to review your order and correct relevant errors through the checkout process.
For Canadian customers, mandatory federal or provincial consumer protection rules may apply.
For example, Ontario's rules for qualifying internet agreements require prescribed information to be disclosed before agreement, an opportunity to accept or decline and correct errors, and a written copy of the agreement within the required timeframe.
Product Information
We make reasonable efforts to provide accurate:
- Product descriptions
- Images
- Measurements
- Prices
- Availability information
- Delivery information
Colours and visual characteristics may appear somewhat different depending on screen and device settings.
We may correct genuine errors in product information or pricing.
Nothing in these Terms allows us to remove mandatory consumer rights.
Prices and Currency
Prices applicable to an order will be clearly displayed before checkout.
Where prices are displayed in Canadian dollars (CAD), this will be indicated through the Site or checkout.
Any taxes, shipping costs or other mandatory charges payable through checkout will be disclosed before the order is completed.
Orders
We may refuse or cancel an order for legitimate reasons, including:
- Payment failure
- Suspected fraud
- Product unavailability
- An obvious pricing error
- Unauthorized resale activity
- Legal or regulatory requirements
Where payment has already been collected for a cancelled order, an appropriate refund will be issued.
Payment
Payments are processed through the payment methods available at checkout.
Payment information may be processed by Shopify and/or third-party payment providers.
Shipping
Shipping is subject to our Shipping Policy.
Marlow & Birch currently offers free standard shipping on all orders.
Estimated delivery times are displayed through our Site and Shipping Policy.
Returns and Refunds
Returns and refunds are governed by our Returns & Refunds Policy.
Our voluntary 30-day return policy is offered in addition to mandatory consumer rights and does not replace or limit them.
Promotions and Sales
We may offer:
- Discounts
- Seasonal sales
- Promotional codes
- Bundles
- Limited-time promotions
Conditions applicable to a promotion will be communicated where relevant.
Promotional prices may change when an offer ends.
Any urgency, availability or promotional statements should be understood according to the specific conditions displayed with the offer.
Third-Party Fulfilment
We may use third-party fulfilment, logistics and shipping providers to process and deliver orders.
Products may therefore be shipped directly by a fulfilment partner rather than from a Marlow & Birch-owned facility.
This does not remove Marlow & Birch's obligations to the customer under applicable law.
Intellectual Property
Unless otherwise stated, content on the Site, including branding, website copy, design elements, graphics and other original material belonging to Marlow & Birch may not be copied, reproduced or commercially exploited without permission.
Third-party trademarks and other intellectual property remain the property of their respective owners.
Reviews and User Content
Any review or other content submitted by you must reflect your genuine experience and must not:
- Be knowingly false
- Infringe another person's rights
- Contain unlawful material
- Impersonate another person
- Contain malicious software
We may moderate content that violates these requirements.
Prohibited Uses
You may not use the Site:
- For unlawful activity
- To commit fraud
- To interfere with Site security
- To introduce malicious software
- To scrape or misuse personal information
- To infringe intellectual property rights
- To impersonate another person
- To submit deliberately misleading information
Privacy
Personal information is handled in accordance with our Privacy Policy.
Because we serve Canadian consumers, applicable Canadian privacy requirements may apply to our processing of Canadian customer information.
PIPEDA establishes federal private-sector privacy requirements, including principles relating to accountability, consent, limiting collection, safeguards and access.
Limitation of Liability
Nothing in these Terms limits or excludes liability or consumer rights where doing so is prohibited by applicable law.
To the extent legally permitted, Marlow & Birch is not responsible for indirect or consequential loss resulting solely from circumstances beyond our reasonable control.
Applicable Law
Marlow & Birch is operated by a business established in the Netherlands.
These Terms are governed by and construed in accordance with the laws of the Netherlands.
However, if you are a consumer residing in Canada, you may also benefit from mandatory consumer protection rights under applicable Canadian federal and provincial laws.
Nothing in these Terms is intended to limit, exclude or waive any rights that cannot legally be waived.
Changes to These Terms
We may update these Terms from time to time for operational, commercial, regulatory or legal reasons.
The current version will be published on this page.
Contact
Questions regarding these Terms may be sent to:
Marlow & Birch
Email: info@marlowandbirch.com