Terms & Conditions

ONLINE TERMS OF USE

This website is operated by WEISHAUPT DESIGN GROUP INC. under the brand name "5oz.". Throughout the site, the terms “we”, “us” and “our” refer to 5oz.. 5oz. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example artist submissions) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; I to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall 5oz., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 5oz. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to art@5oz.com

TERMS AND CONDITIONS GOVERNING ORDERS AND PURCHASES

These terms and conditions (the “Terms and Conditions”) shall govern all orders placed by, and all items purchased by, a customer (herein referred to as “you” or the “Buyer”) with Weishaupt Design Group Inc., c/o/b as “5oz.”, (herein referred to as “us”, “5oz.”, and the “Seller”) through any manner or medium, including, without limitation, online sales, phone orders, or on-site retail sales. By placing an order or purchasing a product with 5oz., you agree to abide by these Terms and Conditions. 5oz. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you place an order or purchase products from us.

SECTION 1 - CUSTOM ORDERS

In these Terms and Conditions, a “Custom Order” includes a special, custom, or made-to-order product, and a “Buyer’s Representative” includes the Buyer’s architect or designer or other agent, as indicated in the Custom Order, or as the Buyer advises the Seller in writing, once designated the Seller is entitled to rely on the Buyer’s Representative.

(a) Orders

Custom Orders must be submitted with a deposit equal to fifty (50%) percent of the invoiced amount of the Custom Order, and once submitted, cannot be changed, cancelled, or returned by the Buyer, except as specifically noted in these Terms and Conditions. No exceptions will be made. Custom Orders will not be processed by the Seller without receipt of the Seller's deposit.

Note that Custom Orders may be changed, and are not final, by 5oz., until 5oz. has received a 50% deposit.

(b) Payment

As noted above, Custom Orders must be submitted with a deposit equal to fifty (50%) percent of the invoiced amount of the Custom Order. The Seller will issue a final invoice to the Buyer for the remaining balance (being the remaining 50% of the invoiced amount of the Custom Order, plus any taxes or fees incurred by the Seller, including shipping), once the Custom Order is complete but prior to delivery. The final invoice must be paid in full prior to delivery. Should any amounts remain unpaid following the thirty (30) day period, (a) such balance will be subject to an interest fee of sixteen (16%) percent per annum, calculated and charged monthly; and (b) the Seller will charge storage fees for such Custom Order as set out in Section 5(c) hereof.

(c) Cancellation of Custom Orders

A Custom Order may be cancelled, and any deposit received will be fully refunded, within 24 hours of submitting a Custom Order. Custom Orders may be cancelled, but any deposit paid will be forfeited, after 24 hours and up to 7 days following the order. Custom Orders cannot be cancelled 7 days after submission of the order, and if the Buyer attempts to do so, the Seller may immediately issue the final invoice to the Buyer and full payment will be expected within 30 days.

(d) Return of Custom Orders

Custom Orders may not be returned or exchanged.

SECTION 2 - GENERAL PAYMENT TERMS

The Seller accepts all major credit, debit cards, online bill payment options, wire transfers, and cheques. However, wire transfers and online bill payment options are the preferred methods. Orders placed by cheque are subject to wait time associated with bank clearance. Any bank charges associated with wire transfers or online bill payment methods and exchange fees will be billed to the Buyer. Product pricing and inventory availability are subject to change without notice, prior to placement of the order. The Seller does not offer financing on any of its merchandise.

All ordered goods must be picked up by Purchaser and fully paid within thirty (30) days of Purchaser being advised that ordered goods are ready to be picked up unless otherwise agreed. Failure to do so will result in the Purchaser being deemed to have abandoned the ordered goods and any deposits paid to the Seller will be forfeited without prejudice to the right of the Seller to claim for all lost profits.

SECTION 3 - TAXES AND DUTIES

All orders are subject to applicable taxes, and any duties, as dependent upon the final destination of the goods. International orders, outside of Canada, are not subject to Canadian federal or provincial taxes. However, the Buyer shall comply with all provincial and state regulations, as applicable, and pay fees and taxes associated with any applicable tariffs, duties, customs, border, brokerage fees, and or any fees associated with such other jurisdiction. 

SECTION 4 - SHIPMENT

The Seller and its suppliers/manufacturers will make all arrangements with respect to the handling of all order shipments unless the Buyer specifies in writing their preferred shipping method and is willing to accept any increased costs, and all liability, associated with such shipping method (including relevant insurance for the goods). Any shipments returned to the manufacturer or the Seller as a result of the Buyer’s delay, or failure to accept delivery will require the Buyer to pay additional fees, including, without limitation, storage or other costs handed down by the manufacturer or the Seller. Shipping and handling charges for shipping your order to you will not be credited or refunded. The Seller will make best efforts to provide accurate information including billing and shipping information as well as any special requirements related to the final destination; including certificates of origin, product certification etc., however, the Buyer will always be responsible for these costs. Any costs incurred by the Seller as a result of subsequent order or requirement changes made by the Buyer will also be the responsibility of the Buyer and billed accordingly.

SECTION 5 - LEAD TIMES AND DELIVERY DATES

All lead times and delivery dates are estimates, are subject to change without notice, and cannot be used as a reason for cancellation. The Buyer hereby agrees not to hold Seller (or its manufacturers), or any of their parent, subsidiaries, affiliates, or other related entities, and their respective, officers, directors, employees, or agents, responsible for delays beyond the Seller’s control. 

5oz. is not liable, and hereby disclaims all liability and the Buyer agrees not to hold 5oz. responsible for, any delay or failure to deliver caused by labour or transportation difficulties, acts of God, natural disasters, viruses, terrorists, failure of sources of supply, or other causes beyond our control and such changes will affect the delivery date.

(a) Ownership – Seller’s Lien

A Seller’s lien shall remain on title to all merchandise delivered to a Buyer until all undisputed charges for the order have been paid in full by the Buyer.

(b) Storage of Custom Orders

Once a Custom Order is ready for delivery, the Seller will inform the Buyer by sending to the Buyer a final invoice for the Custom Order and will offer complimentary storage of the Custom Order for a period of thirty (30) days from the date of the final invoice. If the final invoice is not paid within 30 days of the date of the final invoice, delivery of the Custom Order will not be arranged and a monthly storage fee (in addition to any interest charges set out in paragraph 1(b) hereof will be charged to the Buyer. A monthly storage fee equal to (A) one percent (1%) percent of the full invoiced amount of the stored item or (B) Two hundred dollars ($200.00) dollars (Canadian or United States dollars depending on the currency used for the order), whichever is larger, shall be charged to Buyer (a) on merchandise that cannot be delivered as the final invoice payment has not been received; (b) on merchandise not picked up; (c) on merchandise for which delivery is not arranged by the Buyer or (d) on merchandise that Buyer does not accept delivery within thirty (30) days from the date of the final invoice. Should the buyer not accept delivery within 30 days from the date of the final invoice, the buyer acknowledges that they by default assume ownership of the goods and that the seller is effectively providing a service of storage only. The goods will however only be released upon full payment of the final invoice. 

(c) Inspection of Goods by Buyer upon Delivery

The Buyer (or the Buyer’s Representative) is responsible for inspecting the packaging and all delivered items immediately upon receipt (do not wait until installation) for flaws, defects, or damage, and indicate on the packaging and/or paperwork from the freight or shipping company that delivered it, if there is any visible damage. 

If damage to the packaging or product is detected, the Buyer or the Buyer’s Representative must, within 48 hours of delivery of the product provide notice in writing to 5oz., which notice must: (A) describe the damage to 5oz. (b) provide detailed images of the damaged packaging or product; (c) provide copies of any signed POD (Proof of Delivery) by the Buyer or the Buyer’s Representative. Upon receipt of such notice, 5oz. will assess the issue and reserves the right to remedy the situation as it sees fit, in its sole discretion, including the right to repair, replace, or otherwise.

SECTION 6 – WARRANTY DISCLAIMER

Descriptions, representations, and other general information concerning the Seller’s products that may be contained in the Seller’s catalogues, website, advertisement, or in other promotional materials or statements or representations made by the Seller or its agents shall not be binding and shall not be part of the limited warranty unless as described in Section 7 below. 

No commercial or contract warranties are offered unless otherwise specified in writing herein. The Limited Warranty set out in Section 7, gives you specific legal rights, EXCEPT AS EXPRESSLY STATED THEREIN, TO THE EXTENT, PERMITTED BY LAW, 5oz. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ITS PRODUCTS OR SERVICES SOLD, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED, 5oz. SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. 

SECTION 7 - LIMITED WARRANTY

Notwithstanding Section 6, but subject to the subsections set out in this Section 7, the Seller warrants that any goods sold by the Seller will be free from any material defects in workmanship and materials for two (2) years from the date of delivery. This warranty does not apply to damage or breakage resulting from misuse, accidents, abuse, neglect, mishandling or reasonable wear and tear resulting from normal use or from not following care instructions, and is subject to the subsections below. This warranty is only valid to the original Buyer, who must retain the original invoice.

SECTION 8 - CLAIMS PURSUANT TO LIMITED WARRANTY

Any warranty claims must be made by the original purchaser, in writing, and must be accompanied by a copy of the original invoice. Claims must be received by A 5oz. prior to the termination of the two (2) year limited warranty period. If the Seller, in its sole discretion, determines that a claim is valid and that the limited warranty applies, in accordance with the provisions of said limited warranty, the Seller shall, free of charge and at the Seller’s sole option, repair, replace or reimburse the components of the item(s) to which the claim relates.

SECTION 9 - LIMITATION OF LIABILITY

5oz. will not be liable for any damages occurring as a result of any breach of these terms and conditions resulting from any delay beyond the Seller’s control, including without limitation, strike lockout, work stoppage, terrorism, virus, an act of God, or other delays beyond the Seller’s control.

Other than as set out herein in writing, IN NO EVENT WILL 5oz. OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF AN INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON ITS WEBSITE, IN ITS CATALOGUES, OR AT A STORE LOCATION, OR FROM AN ORDER OR PURCHASE FROM THE SELLER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR BUSINESS INTERRUPTION. AVENUE ROAD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ITS WEBSITE OR CATALOGUES.

Notwithstanding anything to the contrary in these Terms and Conditions, the entire liability of 5oz. to a Buyer shall be limited to the lesser of (A) the invoiced amount of the product or (B) the amount actually received by the Seller on account of the invoiced amount for the product.

The Buyer hereby agrees to fully release and hold the Seller harmless from and against any and all claims, demands, liabilities, losses, costs, and expenses, including without limitation a Buyer’s misuse, poor or improper handling or care of the product(s).

SECTION 10 - GOVERNING LAW AND CHOICE OF FORUM

The Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of laws principles which would result in the application of any other law. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada in all disputes arising out of or relating to the order or purchase of products by you from 5oz. or these Terms and Conditions.

COPYRIGHT

‘5oz.” is a trademark of WEISHAUPT DESIGN GROUP INC., 2022