Terms of Service

Brainchild Designs uses Canadian currency and only ships to Canadian addresses.

We at Brainchild Designs want you to be completely happy with your product. If however, you are not, we will gladly exchange the item with the exception of personal items such as earrings. Shipping costs for exchanges are incurred by the buyer. Returns are accepted with the following conditions being met:

  • The purchase is within 30 days of sale
  • The tags are still attached
  • The item is clean and unused
  • There is proof of purchase (sales receipt, credit card receipt

Brainchild Designs ships to any address in Canada. We endeavor to use the most reliable and expedient shipping method for the value, whether this be Canada Post, Fed Ex, UPS, or Canpar etc. We will send out packages within 5 business days of order, and one can expect the shipping method to take another 5 to 10 business days. Shipping charges are as follows: jewelry $8 per order, clothing $15 per order. If there is a combined order of jewelry and clothing, a flat rate clothing fee of $15 will be charged.

This disclaimer document governs your use of our informational website. By using the website located at www.brainchilddesigns.ca and its subdirectories, you agree to, and accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website, as that condition prohibits you from doing so. Brainchild Designs reserves the right to modify these terms at any time, and thus, you should check for changes before proceeding to utilize the services and content of www.brainchilddesigns.ca. By using this site after changes have been made to this document, you agree to accept those changes, whether or not you have reviewed them.

Rights to information published

All materials on this site are protected by copyright and intellectual property laws and are the property of Brainchild Designs. Unless stated otherwise, you may access and download the materials located on www.brainchilddesigns.ca only for personal, non-commercial use. You may not reproduce this material on your personal website, blog, social network, or any other online resource.

Any and all content (including user and visitor generated content) submitted either via email, comment forms, or any other page hosted at www.brainchilddesigns.ca or its content aggregation systems becomes the property of Brainchild Designs. Brainchild Designs reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content.

Our Rights to Remove or Reproduce any User-Generated Material

For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to Brainchild Designs via any method at any page on www.brainchilddesigns.ca or any other content communication or submission medium or forum.

By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with Brainchild Designs (www.brainchilddesigns.ca), you agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilizing this site, nor the laws of Canada or The United States of America, and that you have the full rights to accept this condition.

Site content (quality, accuracy and use)

Visitors who use this website and rely on any information do so at their own risk.

This Web site and the attached documents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found at www.brainchilddesigns.ca will not always be up to date and cannot necessarily be relied upon.

By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of Brainchild Designs.

External links – limiting liability for links to other web sites

We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.

Viruses, Damage and Availability

Brainchild Designs makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.

Legal jurisdiction

The Federal laws of Canada shall otherwise govern your use of the site where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Canadian Federal and Provincial court system.

Limited Liability

Brainchild Designs and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service of Brainchild Designs at any location within www.brainchilddesigns.ca or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).

At Brainchild Designs, we are committed to providing our clients, customers, members with exceptional service.  As providing this service involves the collection, use and disclosure of some personal information about our clients, customers, members, protecting their personal information is one of our highest priorities.

While we have always respected our clients, customers, members privacy and safeguarded their personal information, we have strengthened our commitment to protecting personal information as a result of British Columbia’s Personal Information Protection Act (PIPA).  PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.

We will inform our clients, customers, members of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.

This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting clients’, customers’, members’ personal information.  Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients’, customers’, members’ personal information and allowing our clients, customers, members to request access to, and correction of, their personal information.

Scope of this Policy

This Personal Information Protection Policy applies to Brainchild Designs.

This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Brainchild Designs.

Definitions

Personal Information –means information about an identifiable individual [E.g., including name, home address and phone number,].  Personal information does not include contact information (described below).

Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number.  Contact information is not covered by this policy or PIPA.

Privacy Officer – means the individual designated responsibility for ensuring that Brainchild Designs complies with this policy and PIPA.

Policy 1 – Collecting Personal Information

1.1  Unless the purposes for collecting personal information are obvious and the client, customer, member voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.

1.2  We will only collect client, customer, member information that is necessary to fulfill the following purposes:

  • To verify identity;
  • To identify [client, customer, member] preferences;
  • To open and manage an account;
  • To deliver requested products and services
  • To send out association membership information;
  • To ensure a high standard of service to our [clients, customers, members];
  • To meet regulatory requirements;

 

Policy 2 – Consent

2.1  We will obtain client, customer, member consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).

2.2  Consent can be provided: e.g., orally, in writing, by phone, electronically, through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client, customer, member voluntarily provides personal information for that purpose.

2.3  Consent may also be implied where a client, customer, member is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products, fundraising and the client, customer, member does not opt-out.

2.4  Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients, customers, members can withhold or withdraw their consent for Brainchild Designs to use their personal information in certain ways.  A client’s, customer’s, member’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product.  If so, we will explain the situation to assist the client, customer, member in making the decision.

2.5  We may collect, use or disclose personal information without the client’s, customer’s, member’s knowledge or consent in the following limited circumstances:

  • When the collection, use or disclosure of personal information is permitted or required by law;
  • When the personal information is available from a public source (e.g., a telephone directory);
  • When we require legal advice from a lawyer;
  • For the purposes of collecting a debt;
  • To protect ourselves from fraud;
  • To investigate an anticipated breach of an agreement or a contravention of law

 

Policy 3 – Using and Disclosing Personal Information

3.1  We will only use or disclose client, customer, member personal information where necessary to fulfill the purposes identified at the time of collection [or for a purpose reasonably related to those purposes such as:

  • To conduct client, customer, member surveys in order to enhance the provision of our services;
  • To contact our [clients, customers, members] directly about products and services that may be of interest;]

 

3.2  We will not use or disclose client, customer, member personal information for any additional purpose unless we obtain consent to do so.

3.3  We will not sell client, customer, member lists or personal information to other parties [unless we have consent to do so].

Policy 4 – Retaining Personal Information

4.1  If we use client, customer, member personal information to make a decision that directly affects the client, customer, member, we will retain that personal information for at least one year so that the client, customer, member has a reasonable opportunity to request access to it.

4.2  Subject to policy 4.1, we will retain client, customer, member personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.

Policy 5 – Ensuring Accuracy of Personal Information

5.1  We will make reasonable efforts to ensure that client, customer, member personal information is accurate and complete where it may be used to make a decision about the client, customer, member or disclosed to another organization.

5.2  Clients, Customers, Members may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.

5.3  If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.  If the correction is not made, we will note the clients’, customers’, members’ correction request in the file.

Policy 6 – Securing Personal Information

6.1  We are committed to ensuring the security of client, customer, member personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.

6.2  We will use appropriate security measures when destroying client’s, customer’s, member’s personal information.

6.3  We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

Policy 7 – Providing Clients, Customers, Members Access to Personal Information

7.1  Clients, Customers, Members have a right to access their personal information, subject to limited exceptions.

7.2  A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.

7.3  Upon request, we will also tell clients, customers, members how we use their personal information and to whom it has been disclosed if applicable.

7.4  We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.

7.5  A minimal fee may be charged for providing access to personal information.  Where a fee may apply, we will inform the client, customer, member of the cost and request further direction from the client, customer, member on whether or not we should proceed with the request.

7.6  If a request is refused in full or in part, we will notify the client, customer, member in writing, providing the reasons for refusal and the recourse available to the client, customer, member.

Policy 8 – Questions and Complaints:  The Role of the Privacy Officer or designated individual

8.1  The Privacy Officer or designated individual is responsible for ensuring Brainchild Designs compliance with this policy and the Personal Information Protection Act.

8.2  Clients, Customers, Members should direct any complaints, concerns or questions regarding Brainchild Designs compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the client, customer, member may also write to the Information and Privacy Commissioner of British Columbia.

Contact information for Brainchild Designs Privacy Officer:

Tara McPherson

info@brainchilddesigns.ca

~Thank you for visiting Brainchild Designs~