PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Natural Pod. The collective work includes works that are licensed to Natural Pod. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Natural Pod or purchasing Natural Pod products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Natural Pod or to purchase Natural Pod products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Natural Pod. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Copyright
All content of the products are protected by the Copyright Laws of Canada. All offenses are punished under the Department of Justice on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both (source Department of Justice Canada).
Warranty Disclaimer
Natural Pod warrants the wood products manufactured by it under the name Natural Pod to be free from defects in material and workmanship. Natural Pod, at our discretion, will replace any product, covered by this warranty and sold after the effective date of this warranty, which fails under normal use as a result of a defect in material or workmanship; Natural Pod will replace the aforementioned product, with a comparable product.
Any extra parts or components, including but not limited to; electric cords, lights, infant straps and buckles, hardware, acrylic pieces, will have a 1-year warranty.
Our soft furnishings (cushions) and manipulatives are provided “as is” and without warranties of any kind, whether express or implied.
Our partner products, including but not limited to, Unbuilders, LifeSpace, and Chopvalue, have a 1-year warranty.
This warranty extends only to the original purchasers who acquire new products from Natural Pod. Any product, part, or component must have been installed, used, and maintained according to Natural Pod published instructions in order to be eligible for coverage under this warranty and must not have been subject to misuse or abuse. Any modification to the original product voids the warranty. Wood glue is essential for the longevity of the products (except lofts) so if not used, it will void the warranty. The warranty period starts from the date of purchase.
Each product is made for a certain age range. If a product is incorrectly used and abused then any damages that occur will not be covered under warranty. (Example, infant loft being used by teenagers and the arch breaks, or an excessive amount of weight on a child loft or stool.)
Natural Pod does not warrant:
- Natural variations in wood grain or figure or the presence of character marks
- Changes in surface finishes due to aging, exposure to light, or water.
- Defects or failure resulting from normal wear and tear
- The matching of colours, grains, or textures of natural materials
- The colour fastness or the matching of colours of textiles, including an exact match to cuttings or to swatch cards
- Products that are exposed to extreme environmental conditions or that have been subject to improper storage.
- Items sold and / or labeled “As-Is”
- Natural aging in wood
- Items where glue was needed and not used
- Items not used for intended ages or purposes
- Soft furnishings (cushions) and manipulatives
Natural Pod will under the Warranty:
- Replace or – if Natural Pod thus prefers – repair the defective part, or the product in its entirety (if necessary), provided that the product is delivered to a reseller.
- Cover normal transport costs for any replacement part/product from Natural Pod to the reseller from whom the product was purchased. No travel costs on the part of the purchaser are covered under the terms of the warranty.
- Reserve the right to replace, at the time of the warranty being invoked, defect parts by parts that are of approximately the same design and purpose.
- Reserve the right to supply a comparable replacement product or store credit if no exact product is available.
Website Functions
Natural Pod does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Natural Pod does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Exchanges and Returns
Natural Pod believes and stands behind all products. We therefore offer our customers a 100% satisfaction guarantee. Upon receipt of your item, if you are not satisfied, please contact us within 14 days. Providing the product is in its original condition and unassembled, we can then arrange for its return and a full refund. You will be refunded the cost of the product only, excluding the original shipping. Additionally, all shipping costs to return the product is at the purchaser’s expense.
If you would like to return an item within the 14 days of receiving it and it is assembled, a 10% restocking fee will be deducted from the refund amount along with the return shipping costs.
Natural Wood Knowledge
Natural wood ages and will show character overtime. There is also a natural flex in wood, if excess weight over the intended age range is applied for a long period of time it will not have the same stability.
Limitation of Liability
Natural Pod shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Natural Pod has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Natural Pod product is mistakenly listed at an incorrect price, Natural Pod reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Natural Pod reserves the right to refuse or cancel any such 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 canceled, Natural Pod shall issue a credit to your credit card account in the amount of the incorrect price.
Terms
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Natural Pod without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Natural Pod may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Natural Pod.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Natural Pod products) shall be in Federal Court of Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Natural Pod products) must be commenced within one (1) year after the claim or cause of action arises. Natural Pod’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Natural Pod may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Natural Pod or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Natural Pod does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Natural Pod is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Natural Pod reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Natural Pod in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Natural Pod, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Natural Pod may link to sites operated by third parties. However, even if the third party is affiliated with Natural Pod, Natural Pod has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Natural Pod. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Natural Pod seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).